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Diversionary agreements & deferred prosecution agreements in Wisconsin

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What is a deferred prosecution agreement? What is a diversionary agreement?

The answers to these important questions vary depending on the nature of your charge and the county you are in. Let’s begin by talking about deferred prosecution agreements, more commonly known as DPA.

Deferred Prosecution Agreement

A deferred prosecution agreement is when you enter into a contract with the State of Wisconsin or the prosecutor, to follow the terms and conditions of the agreement for a certain length of time. Those terms and conditions may be that you remain drug and alcohol-free, that you commit no further law violations, that you have no contact with a certain individual, and so forth. Those conditions are tailored to meet the circumstances of your case as well as your own personal background. They may also ask that you complete a certain level of education or maintain full-time employment, as well as other factors.

If you successfully complete the deferred prosecution agreement, then your reward is whatever is described in the contract. Often times this may be a lack of any criminal charges, let alone any criminal conviction. In other cases, this may be a lessened criminal charge or penalty. These factors will vary from case to case and are usually negotiated in advance of any criminal charges being filed against you. This is why it is extremely important, following any kind of arrest or police involvement,  that you immediately contact your experienced Milwaukee and Waukesha drunk driving team so that we may be able to stop charges being filed before they ever reach the courthouse.

If the state believes you have violated the terms and conditions of the deferred prosecution agreement, then the state will be free to prosecute you according to the terms of the DPA. You will still be free to negotiate and fight the case in court unless for some reason you have agreed to do otherwise in your deferred prosecution agreement, but keep in mind the District Attorney may not be too willing to give you a third or fourth chance with nearly as favorable an outcome in your case.

Diversionary Agreement

Diversionary agreement can act in a very similar way to a deferred prosecution agreement. Some courts and counties have diversionary programs to help young adults and juveniles who may be facing drug, alcohol, or other issues. These programs can vary in length from a few months to even a few years and may involve sessions with counselors, group meetings, or volunteering within the community, as well as random drug screens, and so on. These classes and groups usually have a waiting list to get into them, and as a result you will need the best criminal defense attorneys in Milwaukee to represent you to maximize your chances for being approved for a program, let alone getting through the waiting list and getting into the program. Sometimes judges may not be willing to wait with your case in court long enough for you to be accepted and actually enter into a program. This may result in the defendant being convicted of very serious and life-changing charges when a better criminal defense attorney may have been able to get them into the program, to lessen the charges, or maybe even to wipe them out entirely.

It is very important that you read and understand the specific terms of the agreement or the program you are entering. Remember: this is your life and future we are talking about. You need representation by the best criminal defense attorneys in Milwaukee to make sure all of your options are analyzed and explained before you make a decision. Grieve Law can assist with charges in all areas of criminal law, including drunk driving penalties and firearm possession.

Contact our Waukesha criminal defense attorneys today to learn more.


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