Legal Question in Criminal Law in Iowa

Deferred Prosecution

I just want to know what the definition of a deferred prosecution is. I am being offered one and it sounds like a good idea, but there must be a catch. I am involved in court proceedings, being charged with possesion, my lawyer filed a motion to suppress for me for illegal search and seizure and for me being interogated without miranda. the county attorney says he'll give me a deferred prosecution if i drop my motion. My lawyer explained community service and payment of fees and it will be on my record as dismissed. I'm not sure if I trust him. I want to be sure what I am doing is right before I sign my name and noone I've talked to knows exactly what a deferred prosecution is. When I look it up on the net all I get is information from another state. I want to know about Iowa.


Asked on 8/25/06, 4:58 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Deferred Prosecution

Well, it's within the power of a prosecutor to defer prosecution but it is rarely done. I'd sure have the agreement formalized in writing as to who is going to do what. They must like you an awful lot or you've got a good basis for supppression.

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Answered on 8/26/06, 9:02 am


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