Sample Deferred Prosecution Agreement in the District of Columbia

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Resolving a Criminal Case with Deferred Prosecution Agreement in the District of Columbia

sample deferred prosecution agreement

Resolving a Criminal Case in the District of Columbia with a Deferred Prosecution Agreement (DPA).  If you want to see the actual agreement click here.  Watch our video blog on what is a deferred prosecution agreement?   A deferred prosecution agreement in DC diverts the criminal case off a trial track.   If all conditions of the DPA are met the case will be dismissed so the defendant will not have a criminal record.   Usually the defendant can file a motion to seal the arrest 2 years thereafter.  Please feel free to watch our video on Deferred Prosecution Agreements in the District of Columbia.

The Deferred Prosecution Agreement in the District of Columbia Details

The defendant agrees to abide by the following conditions during the four month deferment period:

  1. The defendant must not violate any law or be arrested on probable cause.
  2. The defendant must not violate any Court Order.
  3. The defendant must abide by all release conditions set by the D.C. Pretrial Services

Agency (“PSA”) and the Court.

  1. Community Service: The defendant must perform 32 hours of verified community service in Washington, D.C. within the four-month deferment period as directed by the Community Courts’ Community Service Program (CSP) at D.C. Superior Court. Any community service completed other than at the direction of the CSP will not be honored.
  2. In addition, the defendant must abide by the special conditions set forth herein:

__ Stay Away – The defendant must stay away from:________

__ Curfew – The defendant must abide by a curfew of: __________

__ Restitution – The defendant will pay restitution in the amount of________

Other Conditions:_________

  1. At the conclusion of the four-month time period, if the defendant abides by the conditions set forth in this agreement, the United States will dismiss the above-captioned case with prejudice.  If the United States determines that the defendant has violated any condition of this agreement, the United States will not dismiss this case and the case will be set for trial or other disposition.
  2. The determination of whether the defendant has violated any of the conditions of this agreement rests exclusively with the United States.
  3. The defendant acknowledges that there is probable cause for the Court to conclude that the defendant committed the charged offense(s) and that there is sufficient evidence for the United States to proceed with this case.

You must agree to the following also:

“I have read, or have had read to me, this Deferred Prosecution Agreement and have

discussed it with my attorney. I fully understand this agreement and agree to it without

reservation. I do this voluntarily and of my own free will. No threats have been made to me. I am not under the influence of anything that could interfere with my ability to understand this agreement fully.  I understand that the Sixth Amendment to the United States Constitution gives me the right to a speedy trial. I request a delay in the trial and agree to waive my speedy trial rights in this case for the duration of this agreement.  No promises, agreements, understandings, or conditions have been made except those set forth in this agreement.  I am satisfied with the legal services provided by my attorney in connection with this agreement and matters related to it.”

Conclusion

If you want information about Deferred Prosecution Agreement in the District of Columbia give us a call.

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