What is deferred prosecution?

Question

What is deferred prosecution?

Answer 1

It is part of an agreement whereby the prosecution won't indict as long as you follow certain conditions. If any of the conditions are not met, the prosecution will proceed.

Answer 2

"Deferred prosecution" is also commonly known as placing charges on file.  It means that the government is ready to prosecute, but they won't for whatever reason.  The reason for this is that if charges aren't brought within a set time frame, the government loses the power to prosecute, due to the statute of limitations.

Once charges are brought, they can filed or saved for a period of time which varies by state.  It essentially means that the defendant is waiving the right to be brought to trial immediately in exchange for a real chance that the charges won't be prosecuted.

It is very similar to the famous CWOF (Continued without official finding) under which the charges are brought but the JUDGE can give the defendant a similar sort of deal.  By deal I mean that either the judge or the prosecutor must be convinced and given reason to allow the charges to not be prosecuted.  Usually this sort of deal is made by a first-time offender who promises good behavior in exchange for what amounts to unofficial probation.

If the offender messes up, then not only does he/she get whacked with the charge that is new, but the old one also comes back.  It is an effective method for dealing with young people who get into trouble for the first time and need to be scared back onto the straight path.