Could You Be Eligible for a Deferred Prosecution Agreement?

 Posted on March 28, 2025 in Criminal Defense

After being arrested for a criminal offense in Illinois, you may wonder if you are eligible for a deferred prosecution agreement. These programs offer non-violent or first-time offenders a way to avoid a criminal conviction and the associated consequences. Rather than go through the incredible stress of a trial, wondering whether you will soon be behind bars, you are allowed to complete detailed conditions and requirements through the program.

Once the program is successfully completed, your charges could be dismissed, leaving you without a criminal record. If you believe you might be eligible for an Illinois deferred prosecution agreement, speaking to an experienced Grundy County, IL criminal defense lawyer can be a positive step forward. Your attorney can help you determine whether you are eligible and, if so, guide you through the process.

Who is Eligible for an Illinois Deferred Prosecution Agreement?   

Deferred prosecution agreements essentially postpone or defer the prosecution for a criminal charge. During the period of deferment, a defendant must meet all the conditions of his or her deferred prosecution agreement.  Not everyone is eligible for this type of agreement. The eligibility requirements can vary somewhat from one Illinois County to another. Generally speaking, the following criteria must be met to qualify for deferred prosecution:

• The defendant must be a first-time offender with no prior criminal convictions or arrests.
• The charge that the defendant is facing must be a non-violent offense, including possession of a controlled substance, fraud, or theft.
•  If the criminal offense charged had a victim, the victim’s consent may be necessary before the defendant can participate in the deferred prosecution program.
• The defendant must show that he or she is willing to comply with all conditions of the program.  

 How Does a Defendant Get a Deferred Prosecution Agreement?

The defense attorney and the state prosecutor will discuss the defendant’s eligibility for the deferred prosecution program. If the prosecutor agrees the defendant is eligible and the case meets all the criteria associated with deferred prosecution, the defense attorney will ask the court to defer prosecution pending the defendant’s completion of the program. If the judge agrees, the defendant will enter into a contract with the state that clearly outlines all terms and conditions. These terms and conditions typically include:

• A specified number of hours of community service
•  Restitution when the crime involved financial harm to a victim
• If the offense involved substance abuse or mental health issues, treatment programs or counseling may be ordered.
• Regular check-ins with a program coordinator or probation officer

Depending on the specific offense and the county, deferred prosecution requirements can last from several months to more than a year. If all terms of the program are properly completed, the charges may then be dismissed, and the defendant can move forward without the consequences of a criminal record.  

What Happens if a Defendant Does Not Complete All the Terms of a Deferred Prosecution Agreement?

If a defendant is unable to complete all the conditions set forth in the deferred prosecution agreement, the criminal case will be resumed, and the defendant will face the original charges in the usual way. It is extremely important that a defendant has a defense attorney with knowledge and experience regarding the deferred prosecution program. It is the defense attorney's responsibility to determine whether the defendant is eligible for the program, negotiate with the state prosecutor to reach an agreement, and then assist the defendant in successfully completing the program.

Contact a Will County, IL Criminal Defense Lawyer

When you have a Grundy County, IL criminal defense attorney who believes in you and is willing to fight for you and your future, you have a definite advantage in the criminal justice system.  Attorney Zaremba’s clients are provided with unique benefits thanks to his time as a Will County prosecutor. He understands how the "other side" thinks and acts, and he knows all the ins and outs of the system. Contact Law Offices of Jack L. Zaremba, P.C. at 815-740-4025 to schedule a free consultation to discuss your charges.