Does deferred prosecution mean you have to admit to the felony you've been accused of?

No. Generally, there are two types of deferred resolutions to criminal charges: a deferred prosecution and a deferred judgment.

In a deferred prosecution, the proceedings in a criminal case are put off for a period of time, say one year, subject to certain conditions. The typical condition is that the defendant not be charged or convicted of other crimes during this period. At the end of the time period, if all conditions have been met, the charges are dismissed. No plea of guilty or judgment of conviction is entered. If the defendant doesn't comply with the conditions of the deferred prosecution, the prosecution of the case continues and the defendant can either plead guilty or go to trial.

With a deferred judgment, the defendant must enter a plea of guilty. The case is continued for a period of time subject to certain conditions, usually including that the defendant not be convicted of another crime. If the defendant satisfies these conditions, at the end of the time period the guilty plea is considered withdrawn and no judgment of conviction or sentence is entered. While the defendant is free to say he's never been convicted of a crime, the guilty plea could have possible future ramifications. For example, deferred judgments are counted in computing a defendant's criminal history score under the federal sentencing guidelines.

In addition, if the defendant violates the terms of a deferred judgment, the guilty plea goes into effect and the court will proceed to sentencing without a trial. Obviously, from a defendant's standpoint, a deferred prosecution is preferable to a deferred judgment. Prosecutors also offer it far less frequently.

It's a good idea to discuss any decision on whether to take a deferred prosecution or deferred judgment with a qualified criminal defense attorney.

Tags: deferred resolutions criminal charges prosecution judgment proceedings criminal case