Can You Defend Clients Against Illegal Drug Charges?
A Deferred prosecution is a type of diversion. You see deferred prosecution in cases that involve possession of illegal drugs such as marijuana, methamphetamine, or cocaine. In Maricopa County, deferred prosecution relates to people charged with possession of illegal drugs and hopefully getting a plea offer that involves task. If the case against their client is strong, a good defense attorney tries to get a TASC program for their client.
When you get a TASC program, the prosecution or the State essentially defers prosecution. That means they put criminal charges on hold. As long as the person successfully completes the TASC, the case gets dismissed and it never goes on a criminal record.
The reason the prosecution defers prosecution, is they want the ability to bring it back if needed. If a person fails to complete a TASC program or starts missing drug tests, the prosecution can then get a charge out of the deferred prosecution and reinstate the criminal charges against a person.
With deferred prosecution, it is important to understand that when a person decides to enroll in the TASC program because of an illegal drug charge, they are agreeing to wave their right to contest probable cause and go to trial in the future.
If a person does not successfully complete a TASC program, they no longer have a right to a preliminary hearing when the state reinstates prosecution. The State will typically make a person agree to probable cause ahead of time, then they will go to the next level in the criminal justice system and have a trial date set.