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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 27257
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I got a deferred disposition and i was wondering if i could

Customer Question

I got a deferred disposition and i was wondering if i could appeal it?
JA: The Criminal Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Im in the process
JA: Please give me a bit more information, so we can help you best.
Customer: I got charged with a poession charge and they gave me di
JA: Is there anything else important you think the Criminal Lawyer should know?
Customer: Deferred disposition is it to late to appeal and go to trial
JA: My brothers got into lots of trouble with the law when they were young. The Criminal Lawyer will know how to get you the best outcome. OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 4 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

When it is available, a deferred disposition is usually the best case scenario. It means, at the end of the day, the charges against you will be dismissed and you'll be able to get them removed from your record. If it were possible to remove the deferred disposition, your case would go to trial. The state would seek to prove that you're guilty of possession - which basically means they just need to show you had something you shouldn't have and you knew about it. And then your record would show a conviction if the jury finds against you. You could be sentenced to pay a fine and serve a term of probation, including drug tests - very similar to the terms of a deferred disposition (although usually less favorable). These cases are tough to win unless you have a witness who will swear they planted drugs on you without your knowledge or it was a case of mistaken identity. For that reason, deferred disposition is almost always beneficial to the person who receives it.

I'm explaining that because, unfortunately, it's not something that can be appealed. An appeal means you're arguing that the judge or jury made a mistake in your case. To get a deferred disposition, you have to plead guilty, and there's no way to appeal your own plea. It is sometimes possible to file a Motion to Withdraw Guilty Plea, but those are VERY difficult to get. Essentially, you have to be able to prove to the judge that your will was overcome, and that you did not knowingly and voluntarily plead guilty. It's not enough that the terms of the deferred disposition aren't those that were explained to you, although if no one explained that you'd have to be on probation and do drug tests, that might help. Just be aware, again, that withdrawing the plea doesn't necessarily make the punishment go away - you'll have to go to trial.

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Expert:  Lucy, Esq. replied 4 months ago.

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