In California, a deferred entry of judgment (DEJ) is a form of plea bargain that allows a defendant to plead guilty to a misdemeanor charge without entering a formal guilty plea. Instead, the guilty plea is “deferred” until the defendant completes certain conditions, such as community service or rehabilitation. If the defendant successfully completes the conditions, the charges may be dismissed.
A DEJ is only available for certain misdemeanors, and is typically reserved for first-time offenders or those with a minimal criminal history. The specific misdemeanors that are eligible for a DEJ will vary by county, but common offenses that may be eligible include drug possession, petty theft, and drunk driving.
To be eligible for a DEJ, the defendant must typically meet certain criteria. For example, the defendant may need to have no prior convictions or only minor prior convictions. The defendant may also need to be a resident of the county where the charges are filed.
If the defendant is eligible for a DEJ, the process typically begins with a plea of guilty or no contest. However, instead of entering a formal guilty plea, the court will defer the plea until the defendant completes certain conditions. These conditions may include:
- Community service: The defendant may be required to complete a certain number of hours of community service.
- Rehabilitation: The defendant may be required to attend counseling, treatment, or rehabilitation programs.
- Fines: The defendant may be required to pay fines or restitution to the victim.
- Classes: The defendant may be required to attend classes or workshops on topics such as anger management or drug education.
If the defendant successfully completes the conditions of the DEJ, the charges against them may be dismissed. This means that the defendant will not have a criminal conviction on their record, and they will not have to serve any jail time or probation. However, if the defendant fails to complete the conditions, the court may enter the guilty plea and impose the original sentence.
It is important to note that a DEJ is not available to everyone. The availability of a DEJ will depend on the specific charges, the defendant’s criminal history, and the laws of the county where the charges are filed. In some cases, the prosecution may be opposed to a DEJ, in which case the defendant may need to negotiate a different plea bargain or go to trial.
If you have been charged with a misdemeanor in California and are interested in seeking a DEJ, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand your options and advise you on the best course of action for your case. An attorney can also help you negotiate a DEJ or other plea bargain, if appropriate, and represent you in court.