Most criminal cases never see a trial or jury. That is due to the elimination of them through plea bargains or being dismissed entirely.
There are two common ways in which criminal cases may be eliminated through a plea bargain or from a dismissal. Though many crimes go through prosecutors and criminal defense lawyers, these cases are often negotiated and terms are presented to be accepted or rejected. When the possibility of prison is a likely outcome, the accused individual may choose the plea bargain instead of a court case.
Deferred Adjudication with Criminal Cases
The deferred adjudication is when a defending party pleads either guilty or no contest to certain charges. The court defers the finding of guilt and moves the individual to community supervision which is another name for probation in many instances. Any conditions the suspect faces dealing with the community supervision are negotiated and often include fines that are agreed upon, costs of court processes, probationary fees due monthly, drug tests at random intervals, education programs for drug and alcohol issues, community service and contributions to organizations such as Crime Stoppers. In some situations, conditions imposed are directly related to the violation that occurred. These could be specific such as anti-theft programs for cases of theft, intervention courses for those that committed family violence and similar plans.
This community supervision may last from months to years depending upon certain factors. When the completion of this term has been accomplished, charges are dismissed and the individual involved has the opportunity to petition for a non-disclosure of the violation when waiting periods have expired. This waiting period may be petitioned for termination after half the time passes if all conditions have been adhered to and other potential stipulations depending upon the circumstances.
Violation of Community Supervision
If the individual violates the conditions set forth for community supervision, the state may move for a finding that the person is found guilty with formal probation issued. This results in conviction of the crime, and there is no eligibility for non-disclosure of the matter. Further restrictions may be placed upon the defendant by the judge through increased time frames for community supervision or more limits and restrictive conditions. If the community supervision is revoked, the person faces a conviction with an imposed sentence and all corresponding punishments that may be part of the range of the crime. This may mean prison sentences, fines and other penalties.
Intervention at Pretrial
Pretrial intervention is a contract created between the defendant and the prosecutor in which the prosecuting lawyer agrees that he or she will not proceed with the case in exchange for agreeing to dismiss the case when community supervision has been completed. It is similar to deferred adjudication but the benefit of this process is that the defending party may seek an expunction of the illegal activity after the program has been successfully completed and waiting periods have expired. This method does require cooperation on both sides and a calm and peaceful coming together.
This process differs in that the defending person must meet all requirements of pretrial intervention and this procedure must be requested for and given consent by the district attorney’s office. Some states or counties may not have this option available for various reasons. In the instances where this may be the route that is taken, the individual that committed the crime must transcribe a letter that he or she did commit the criminal activity and accept all responsibility for his or her actions. There must be proof that this person has enrolled in a school or some form of employment verification. Several pieces of documentation from friends, family, co-workers and others that are able to vouch for the character of the defendant are required.
Discretion of the Prosecutor
When the option of a pretrial intervention is available in the state and county, it is then up to the prosecutor to provide consent this may be accomplished when the defending individual has met all requirements for eligibility for this process. Certain offenses may be banned from this procedure by specific prosecutors. Some may only consent to these methods when the person is a first-time offender and the other method of deferred adjudication could cause a negative impact on educational careers or cause the loss or determent of professional licenses. Approval often leads to conditions similar to community supervision. After all the conditions have been met, dismissal of the case is the usual outcome.
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