I have seen some information on deferred prosecution agreements and wondered what exactly they are. After talking with Brian, here is the short of it.
A deferred prosecution agreement is a tool that the DA can use in lieu of filing criminal charges. It is in essence a contractual agreement between the DA’s office and the non-violent offender. The DA’s office agrees not to file criminal charges against the offender and the offender agrees to certain terms and conditions of probation. If the offender violates any of the terms of probation then the DA’s office is no longer bound by its agreement to forego criminal prosecution and should file criminal charges against the offender for the original crime. Deferred prosecution cases do not appear on OSCN or ODCR unless charges are filed following the offenders violation of probation.
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