What Is a Deferred Prosecution Agreement, and Can You Get One in Maryland?

A deferred prosecution agreement can help you resolve certain criminal matters with minimal long-term consequences. While these agreements have clear benefits, there are also drawbacks you should understand before pursuing one.

Reviewing the key features of deferred prosecution agreements and consulting with a Maryland criminal defense attorney may help you determine whether one may be available in your case.

What is a deferred prosecution agreement?

A deferred prosecution agreement may be offered either before or after charges are formally filed, depending on the jurisdiction. Rather than those charges being pursued in court, the prosecution agrees not to move forward, in the event that the accused individual abides by certain terms and conditions.

If the accused abides by the terms and conditions outlined in the agreement, the State will typically resolve the case without a conviction. This means that you will not be sentenced. However, the underlying arrest and court records may still exist unless and until they are expunged under Maryland’s expungement laws.

Some people compare deferred prosecution agreements to plea bargains. Unlike plea bargains, though, if an accused person accepts a deferred prosecution agreement, they are never actually convicted of a crime.

A deferred prosecution agreement is often monitored outside of the judicial system. This can make them less invasive – and often less stressful to deal with – than other criminal law-related legal measures.

What are the benefits of a deferred prosecution agreement?

A deferred prosecution agreement offers many benefits, including the following:

• If you satisfy the terms of your deferred prosecution agreement, the State will not pursue the charges to conviction.
• Accepting a deferred prosecution agreement and abiding by the terms or conditions it outlines can prevent you from going to jail or prison.
• You may maintain your professional licenses and any related credentials by accepting a deferred prosecution agreement.
• Criminal convictions can be very expensive. In some cases, a deferred prosecution agreement can reduce certain financial consequences.
• If you are a first-time offender, depending on the final disposition, you may become eligible for expungement.

What are the disadvantages of a deferred prosecution agreement?

A deferred prosecution agreement comes with many benefits, but it also comes with certain disadvantages. These disadvantages include:

• You must abide by the terms named in a deferred prosecution agreement, and failing to do so can lead to criminal charges or being convicted.
• The terms within a deferred prosecution agreement can be very strict, which could make it harder for you to abide by the agreement.
• To receive or accept a deferred prosecution agreement, you may need to admit some form of responsibility, although this varies county by county.
• If you do admit guilt before accepting a deferred prosecution agreement, and you are found guilty of violating the terms of this agreement, you could be convicted very quickly due to this admission.
• Some deferred prosecution agreements may limit waivers of certain rights, but that varies by county and program.
• Deferred prosecution agreements can come with terms or conditions that are very expensive and time-consuming, therefore ordering you to pay large sums of money or perform many hours of community service.
• You may be ordered to undergo counseling and other forms of rehabilitation; these can be expensive and challenging, but if they are named in your deferred prosecution agreement, you will have to do them.

Each one of these disadvantages should be weighed against the benefits of accepting a deferred prosecution agreement. A criminal defense attorney can help you make the choice that suits your needs.

Can you get a deferred prosecution agreement in Maryland?

In Maryland, many State’s Attorney’s Offices offer diversion or deferred prosecution-type programs in certain cases. However, they are discretionary, vary by county, and are not guaranteed in every case.

For example, if you are accused of embezzlement, the prosecution may offer you a deferred prosecution agreement. This agreement delays your prosecution and, if you satisfy the terms and conditions of the agreement, no prosecution will occur. One of these terms and conditions may be paying restitution to the alleged victims of this embezzlement.

Maryland also offers probation before judgment after a guilty plea, nolo contendere plea, or a finding of guilt. If you satisfy the terms and conditions of this probation, no criminal conviction is entered. This is a judge’s decision, instead of a decision made by the prosecution. The case will still appear in Maryland court and police records unless you are eligible for and obtain expungement under Maryland law.

In order for you to obtain a deferred prosecution agreement or probation before judgment, the prosecution and/or judge must believe that granting you one of these agreements is beneficial overall. A lawyer can help with this.

Speak with a Maryland criminal defense attorney today

If you have been accused of a crime, you may want to seek legal assistance. Drew Cochran, Attorney at Law can help. Complete our contact form to speak with one of our Maryland criminal defense attorneys today.