This concept offers a glimmer of hope to individuals facing criminal charges. It refers to a person not actually being sentenced and convicted of a crime. The prosecutors and judges will permit this type of resolution in a criminal case in Los Angeles if they're trying to give the criminal defendant a break or a chance to demonstrate that they don't deserve a criminal conviction on their record. Typically, the person will plead guilty to the crime, but the judge will not impose a sentence. By not sentencing them, it does not result in a conviction being added to their criminal record. The case will then be continued for some time. Sometimes, it continues for approximately a year, and then the individual will be told to do certain things. For example, to do some community service, some sort of classes, and obviously remain arrest-free and trouble-free.
If the individual successfully fulfills all the requirements within the specified period, their guilty plea can be retracted, a not-guilty plea can be entered, and the case can be dismissed as if it had never occurred. This process ensures that the individual's record remains clean, avoiding any conviction. It serves as a protective mechanism, particularly for those who don't deserve a criminal conviction on their record in Los Angeles. It's a chance to start afresh, with a clean slate.
Previously, deferred entry of judgment in LA was typically reserved for drug cases; however, I'm now seeing it used in an increasing number of cases. Obviously, if the prosecutor and judge agree to it, so, it can be related to a theft crime case. It may be related to another case. Usually, you're going to get it for a violent offense if the prosecutors are willing to change that violent offense or some other offense once they really get a look at the facts and circumstances of the case.
As far as how you would get the deferred entry of judgment, obviously, that's something that's going to have to be negotiated by your attorney with the prosecutor or even sometimes with the judge. The prosecutor has control over the charges, whereas the judge has control over the sentence. Most deferred entry of judgment situations are agreed upon between the prosecutor and the defense attorney. The judge essentially gives their blessing to it and agrees to go along with it. I have seen some judges not agree to go along, in which case something else has to be figured out, or that particular judge has to be convinced as to why the deferred entry of judgment resolution is a fair one under the circumstances because a lot of time the judges don't have all the facts and details that the attorneys have. They only have a limited vision of what happened in the case, so it would be up to the defense attorney to now educate the judge and convince him to give the deferred entry of judgment resolution. Many of the arguments will be the same ones the defense attorney used to convince the prosecutor to permit the client to plead guilty and resolve the case later.
Now, one interesting thing is, what happens if, while you're on the deferred entry of judgment in Los Angeles, you violate the terms of that deferred entry of judgment? For example, you pick up a new case. You don't do what you're supposed to. If you do that, then they'll take your guilty plea and sentence you. You'll end up with a conviction, and you'll likely receive a more severe punishment. Sometimes, when they set up these judgment deals, they basically say, ' Okay, if you do everything, you get the dismissal, but if you don't do everything. ' You messed up the deferred entry of judgment; now you're going to get this. They put a certain punishment in there – ninety days in jail, for example – and then you end up with a conviction on your criminal record versus getting no jail time and avoiding the criminal conviction.
Deferred entry of judgment is indeed a beneficial opportunity, but it comes with a significant responsibility. It is crucial to follow through, fulfill the requirements, and avoid any future issues. This way, the potential benefits of this process can be fully realized. The responsibility is yours, but the potential benefits are significant.
