Deferred entry of judgment is an option in some San Jose criminal cases. With a deferred entry of judgment, the defendant will plead guilty or no contest to the crime. Instead of entering a formal judgment, the court will continue the case and place the defendant on probation. If the defendant completes probation, the court will dismiss or reduce the charges.
Deferred entry of judgment can mean the difference between having a permanent criminal record and not. Most defendants should pursue deferred entry of judgment if possible.
How the Deferred Entry of Judgment Process Works
If you’re considering deferred entry of judgment in your San Jose criminal case, it’s important to understand the steps involved. This legal option requires careful timing, cooperation with the court, and full compliance with probation terms.
Requesting Deferred Entry of Judgment
The process begins when your criminal defense attorney formally requests deferred entry of judgment from the court. In many cases, the prosecutor must also agree to this request, but not always. Judges have the discretion to grant deferred entry of judgment even over a prosecutor’s objection, depending on the circumstances.
Entering a Plea
If the court approves the request, the defendant must then enter a plea of guilty or no contest:
- Guilty: You admit to committing the offense, with the understanding that your case will be dismissed upon successful completion of probation.
- No Contest: You do not admit guilt, but you accept the conviction and agree to abide by the conditions of the agreement. This can be beneficial if the case could also result in civil liability.
Choosing the right plea is a critical step, and it should be made with guidance from an experienced criminal defense attorney.
Probation Without Judgment
After the plea is entered, the judge places the defendant on probation—but does not enter a judgment of conviction. This means you are not yet formally convicted, giving you a valuable opportunity to avoid a criminal record if probation is successfully completed.
The court may impose various conditions during probation, including:
- Drug or alcohol testing
- A curfew
- Avoiding further legal trouble
- Regular check-ins or reporting
The exact conditions depend on the details of the case and the judge’s discretion.
Completing Probation and Final Outcome
Once on probation, it’s critical that the defendant follows all conditions and remains in good standing. The court may schedule check-ins or simply monitor compliance through reports.
- If you successfully complete probation, the court will dismiss the case, and no conviction will appear on your record.
- If you violate the terms, the judge will enter the previously submitted plea as a final conviction, and sentencing will follow accordingly.
Understanding this process is essential to making an informed decision about whether deferred entry of judgment is right for your situation. An experienced attorney at Ahmed & Sukaram, Criminal Defense Attorneys can walk you through each step and advocate for the best possible outcome.
Deferred Entry of Judgment vs. Pretrial Diversion
Many people confuse deferred entry of judgment and pretrial diversion. These programs are similar in that the end result can be a dismissal. However, the process is different.
The main difference between pretrial diversion and deferred entry of judgment is that you do not enter a plea for pretrial diversion. This small detail is significant because if you don’t enter a plea, the court cannot automatically convict you if you fail probation.
Therefore, people who fail pretrial diversion still have the right to contest the charges and have a trial. People who do deferred entry of judgment lose that right, and the court will automatically convict them.
Furthermore, there are specific pretrial diversion programs that have separate requirements. This includes mental health diversion and drug diversion. Some lawyers use the terms diversion and deferred entry of judgment interchangeably. You must make sure that you understand what they are talking about.
Deferred Entry of Judgment for Felonies vs. Misdemeanors
You may be eligible for deferred entry of judgment for a misdemeanor or felony, but it highly depends on the charge.
You could be granted the opportunity for deferred entry of judgment for a misdemeanor, or you can pursue the misdemeanor diversion program. This is for most non-violent misdemeanors if you meet the requirements.
For deferred entry of judgment, the court will likely consider:
- The type of charge
- If the charge is a violent or non-violent offense
- Whether there is a victim in the case, and if so, the victim’s wishes
- Your prior criminal record
- Mitigating and aggravating factors
Furthermore, the court may allow deferred entry of judgment for a felony, but this is less common.
Usually, the charge must be non-violent, and there needs to be mitigating circumstances. If you have an extensive criminal record, for example, a judge may be less inclined to agree to deferred entry. Additionally, a judge may choose to reduce a charge to a misdemeanor from a felony instead of outright dismissal.
Contact Our San Jose Criminal Defense Attorneys for a Free Consultation
If you’re facing criminal charges in San Jose, don’t navigate the legal system alone. Deferred entry of judgment could be the opportunity you need to protect your future and avoid a lasting conviction. However, understanding your eligibility and the risks involved requires skilled legal guidance.
At Ahmed & Sukaram, Criminal Defense Attorneys, we have the experience and dedication to help you make the best possible decision for your case. Call (408) 217-8818 or contact our office today for a free consultation—we’re here to defend your rights and fight for your second chance.