A Kentucky Order Terminating Deferred Prosecution is a type of order issued by a court in the state of Kentucky that ends a deferred prosecution agreement. It is a formal dismissal of criminal charges against a defendant in exchange for the completion of certain conditions such as restitution, community service, and/or successful completion of a treatment program. There are two types of Kentucky Order Terminating Deferred Prosecution: 1) Final Orders Terminating Deferred Prosecution and 2) Interim Orders Terminating Deferred Prosecution. Final Orders Terminating Deferred Prosecution are issued after a defendant has fulfilled all the conditions of the agreement and the court finds that the defendant has been rehabilitated. Interim Orders Terminating Deferred Prosecution are issued when the court finds that the defendant has substantially complied with the conditions of the agreement, but has not yet completed them.
Kentucky Order Terminating Deferred Prosecution
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FAQ
In a Deferred Judgment, the defendant enters a Guilty Plea to a charge, but the Municipal Judge does not immediately sentence the defendant. Instead, the Municipal Judge agrees to continue the sentencing hearing to a later agreed upon date.
A: A preliminary hearing is a legal process where the district court judge decides if there is enough evidence to send a defendant's charges to the grand jury. The judge, the defendant's attorney, the prosecutor and any necessary victims/ witnesses are present at the proceeding.
Deferred Prosecution. Deferred prosecution applies only to defendants charged with first or second offenses of possession of a controlled substance 1st degree, a class D felony. The commonwealth's attorney and the court decide if a defendant will be accepted into the program.
At the arraignment, the judge will advise the defendant of the charges brought against him and advise the defendant of his rights. The defendant is the only person that needs to be present for the arraignment. There will be NO evidence heard by the judge at this court event.
While a deferred judgment is not considered a conviction and you can answer ?no? when asked if you have been convicted of a crime. You may still want to disclose it of your own as it will show up on any criminal background checks unless it's been sealed after the fact.
A defendant in the deferred prosecution program is not sentenced. In post-charge cases, a plea is routinely entered. A defendant enters the program voluntarily. A defendant may elect to continue to proceed through the court process rather than participate in deferred prosecution when the opportunity is given to them.
Deferred prosecution agreements require defendants to plead guilty and then do several time consuming and sometimes expensive requirements. If the person fails, they have already entered a guilty plea, and they are taken back to court to receive a sentence and a criminal record.
A deferred prosecution agreement, or ?DPA,? is a mechanism for resolving a case against a company that is, essentially, an unofficial form of probation. Although usually used to resolve a criminal case, civil enforcement agencies like the SEC have begun to use them as well.