Posted on Monday, July 8th, 2024 at 9:00 am
Deferred adjudication is a way to avoid a guilty finding in a criminal proceeding without going through a trial. However, if you’re charged with a crime in Ohio, your best move is to engage a seasoned Cincinnati criminal defense attorney to handle your case for you. At Moermond & Mulligan, LLC, we’ll demystify the criminal justice process and explain your options that could result in a favorable case resolution.
Can You Get Deferred Adjudication in Ohio?
Ohio’s statutes do not mention deferred adjudication. However, you could be eligible for a pre-trial diversion program. The prosecutor will be the one to determine whether such a program is available in your situation. They usually only make pre-trial diversion available if they believe you won’t commit the same offense again.
The prosecutor may make conditions for the pre-trial diversion program, such as requiring you to pay fees for supervision services. They can require you to undergo monitoring and drug testing. Pre-trial diversion programs are not available to repeat or dangerous offenders or people accused of violent crimes. Prosecutors may make these programs available to people who commit a misdemeanor or a fourth or fifth-degree felony.
Pre-trial diversion may be an option for first-time offenders. It gives you the opportunity to avoid a conviction and prove to the court that you can complete the court-ordered conditions. However, the terms vary depending on the judge and the nature of the offense. Deferred adjudication may require community service, educational programs, rehabilitation programs, and regular drug testing as stipulations.
If you enter a diversion program, you must waive your right to a speedy trial, the preliminary hearing, and the period during which a grand jury could consider an indictment unless that time has already occurred. You must agree to pay any reasonable fee for supervision services the prosecuting attorney requires. You must agree that the statute of limitations period applicable to the offense you were charged with will pause and to the conditions established by the prosecutor.
If you successfully complete the conditions of the pre-trial diversion program, the prosecutor will recommend that the trial court drop your charges, and the court must do so.
What Happens If You Fail to Complete the Terms Set by the Court?
With a pre-trial diversion agreement, you are making a deal with the court. You agree to the terms and conditions set by the court, and the court agrees to dismiss the charges if you comply. If you fail to meet the conditions set by the court, the “agreement” is void. At that point, your case will go to trial, and the judge will determine your guilt or innocence. Depending on the offense, you could be subject to criminal consequences like fines and jail time.
Understand that even if you complete the court’s conditions and the court drops the charges, there are still court records showing your arrest and prosecution for a criminal offense. The advantage of successfully completing a deferred adjudication lies in preventing the entry of a conviction on your record, allowing you the opportunity to seal or expunge your criminal record later.
Why You Need an Experienced Criminal Defense Attorney
Getting to the point where pre-trial adjudication is on offer can be frightening. Working with an experienced criminal defense attorney from day one who can represent you, protect your legal rights, and devise strategic tactics to help you reach a favorable outcome would be in your best interest. Never attempt to negotiate with law enforcement or prosecutors on your own. They are working behind the scenes to build a criminal case against you from the day of your arrest. They are not on your side.
Most people don’t know how the criminal justice system works. An experienced attorney can advise you about every element of the process, including whether a pre-trial adjudication or some type of plea deal may be available for you.
Our lawyers have over fifty years of combined experience and a reputation for success as criminal defense lawyers handling a wide range of cases. We advocate fiercely for our clients. Our founding attorney, L. Patrick Mulligan, is a Board-Certified Specialist in criminal law. He and our criminal defense team can represent you and work toward the best possible outcome in your case.
Discuss Your Case with Our Knowledgeable Criminal Defense Team Today
Were you arrested in Ohio? Before you talk to anyone, talk to an Ohio criminal defense lawyer. At Moermond & Mulligan, LLC, we provide proactive and aggressive legal representation to those facing criminal charges.
Call our office immediately at (513) 421-9790 or contact us online for a confidential legal consultation.