How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 101336
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
Ely is online now
A new question is answered every 9 seconds

so in criminal case if you want to seek deferred prosecution

This answer was rated:

so in criminal case if you want to seek deferred prosecution agreement and you meet the criteria but your attorney only seeks expungment can the on be charged just wright a letter to the DA just asking if she would approve of a deferred prosecution agreement?


I know it may seem wrong write a letter to the DA if you feel you should have a second chance at life but your attorney wont ask the DA?



can you get a deferred prosecution agreement even after you been convicted of misdemeanor theft?

do the yhave forms in the court house were a person can apply for a defeerd prosecution agreement?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry to hear about your situation.

so in criminal case if you want to seek deferred prosecution agreement and you meet the criteria but your attorney only seeks expungment can the on be charged just wright a letter to the DA just asking if she would approve of a deferred prosecution agreement?

Technically, yes. However, one's defense attorney may not appreciate that very much and the prosecutor may respond to the defense attorney. Although this is rarely done as Defendants prefer to have their defense attorneys do the negotiation, a Defendant may of course send a note to the prosecutor asking if they would agree to a certain plea deal.

I know it may seem wrong write a letter to the DA if you feel you should have a second chance at life but your attorney wont ask the DA?

See above. It may "rile your defense attorney's feathers" a bit and the prosecutor may (a) simply not respond, or, (b) respond but to one's defense attorney. However, there is a possibility of the response.

can you get a deferred prosecution agreement even after you been convicted of misdemeanor theft?

I am afraid not after a conviction. A deferred prosecution agreement is to avoid a conviction. Once someone has plead or has been found guilty, deferred prosecution is no longer an option. I am sorry.

do the yhave forms in the court house were a person can apply for a defeerd prosecution agreement?

Yes - see here.

However - again - if there has already been a conviction, this may not be an option; I am sorry.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely and 8 other Criminal Law Specialists are ready to help you