Deferred Sentencing Agreement

What is a Deferred Sentencing Agreement in DC

A deferred sentencing agreement is a diversion option offered by the US Attorneys Office in the District of Columbia.  The agreement requires you to admit guilty and then six months later withdraw that guilty plea if conditions are met.

 Deferred Sentencing Agreement by the U.S. Attorneys Office

  1. The defendant  agrees to enter a guilty plea  to the following  counts:
    (to whatever the charges are)
  2. The defendant abides by the conditions set forth in this agreement after 6 months, beginning with the date of the signing of this agreement by the defendant and the United States, the United States agrees to dismiss with prejudice all of the charges in this case at the time of sentencing.
  3. The United States waives its right to file any enhancement papers that might apply and will not seek to have the defendant  detained  pending    The United  States reserves  the right to allocute at the defendant’s sentencing.
  4. The United States and the defendant agree to continue sentencing during the six-month deferment.
  5. The defendant agrees not to withdraw his or her guilty
  6. The defendant agrees to abide by the following conditions while awaiting sentencing:
    a.           The defendant must not violate any law or be arrested on probable
    b.           The defendant must not violate any Court
    c.           The defendant must abide by all release conditions set by the D.C. Pretrial Services                                Agency (“PSA”) and the Court.
  7. Community Service: The defendant must perform 48 hours of verified community
    service in Washington, D.C. to be completed within the six-month deferred period as directed by the Community Court’s 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.
  8. In addition, the defendant must abide by the special conditions set forth herein:
    Stay away (if requested)
    Curfew (if requested)
    Restitution (if requested)
    Other Conditions (if requested)
  9. If the United States determines that the defendant has violated any condition of this agreement, the United States will move the Court to proceed to sentencing on the charges to which the defendant pleaded guilty.
  10. The determination of whether the defendant has violated any of the conditions in this
    agreement rests exclusively with the United States.

Finally You Must Agree that…..

“I have read, or have had read to me, this Deferred Sentencing 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 admit criminal responsibility in this case. 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

A deferred sentencing agreement is one of the more stringent diversion agreement because if you fail to complete one of the requirements outlined in the agreement you will not be allowed to withdraw your plea.   You would have already plead guilty and the next step will be sentencing by the Judge.  If you have any questions please give us a call to discuss.

Rollins and Chan Law Firm

419 7th Street, NW Suite 405
Washington DC, District of Columbia 20004
United States (US)
Phone: 202-455-5610

 

 

 

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