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In Arizona, certain criminal defendants may qualify for deferred prosecution. This program allows the court to pause the normal prosecution process while the defendant completes specific requirements. The charges can be dismissed if those requirements are met, leaving the person without a criminal conviction.
However, deferred prosecution is not automatic and is generally offered in limited cases. Prosecutors use it to balance accountability with rehabilitation, often for people facing first-time or lower-level charges. The goal is to reduce future criminal behavior while keeping court resources focused on more serious cases.
When a case is referred for deferred prosecution, the prosecutor files a motion to suspend proceedings. The defendant must then agree to take part in the program and follow all the conditions set by the court. These conditions vary depending on the type of case, but they usually focus on treatment, education, and community accountability.
If the defendant completes the program, the prosecutor can dismiss the charges in question. On the other hand, if the defendant fails to comply, the case will be brought back to court for further proceedings. This makes compliance very important for anyone approved for the program.
The exact requirements depend on the nature of the charges and the facts of the case.
Some of the more common conditions include:
These conditions are designed to address the underlying issues that may have contributed to the offense. Successful completion shows the court that the defendant is willing to take responsibility and change their behavior.
Not every defendant is eligible for deferred prosecution.
Arizona prosecutors usually consider:
Deferred prosecution is more commonly used for misdemeanor offenses, such as minor drug possession and disorderly conduct. Felony cases are far less likely to qualify.
For many defendants, deferred prosecution offers significant advantages compared to a traditional conviction.
Some of these benefits include:
The chance to leave the court system without a lasting conviction is one of the strongest reasons defendants seek deferred prosecution. It can also help prevent the other collateral consequences that may follow from a criminal record, like difficulty finding housing or employment.
While a deferred prosecution in Arizona can be very helpful, it is not without risks. Defendants who enter the program essentially agree to give up certain trial rights in exchange for the chance at dismissal. If they fail to comply with the conditions, the case resumes, and the prosecutor may have an easier time pursuing a conviction.
Another drawback is the level of supervision required. Some defendants find the conditions demanding, such as when they involve regular classes and treatment. Missing even a single requirement can jeopardize the entire agreement.
The length of a deferred prosecution program depends on the case. Most programs will generally last from six months to two years, although the exact length often depends not only on the charge but also on the defendant’s personal progress.
For instance, completing treatment programs early or consistently showing good behavior may encourage a prosecutor to shorten the term. On the other hand, missed check-ins or slow compliance with requirements can extend the supervision period. Ultimately, prosecutors usually retain discretion to adjust the duration based on performance.
If you have been charged with a crime in Arizona, deferred prosecution may be an option that keeps a conviction off your record. However, not everyone will qualify, and the program’s terms can be strict.
If you’re interested in deferred prosecution, Craig Orent is here to help. Our Phoenix criminal defense lawyers can review your charges and help determine whether deferred prosecution is realistic in your case.
Contact us today at (480) 656-7301 to get started with a free consultation. You may be able to achieve a more favorable outcome for your charges than you initially considered.
