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What Is Deferred Prosecution?

Kentucky has recently enacted a new law which permits defendants charged with possession of controlled substance the opportunity for deferred prosecution. This is an excellent avenue and opportunity for those charged with possession of cocaine, heroin, or other felony drugs. Included in the paperwork for deferred prosecution, the defendant must agree to the terms and conditions set forth by the Commonwealth and agreed to by the Court, which may include completion of an intensive secured substance abuse treatment program or a global positioning monitoring system. KRS 533.250(1)(h)(2). Interestingly, the defendant shall not be required to plead guilty or enter an Alford plea as a condition of applying for participation in a deferred prosecution program. This differs from the previous mandate for admission into Felony Diversion wherein the Defendant was required to plead guilty to be accepted into the diversion program. If the defendant failed in the diversion, he would proceed to sentencing. herein, if the defendant fails the deferred proseuction program, he may then proceed with the trial and assert his innocence. The deferred prosecution is pursuant to KRS 218A.1415, wherein the defendant moves to be admitted into the deferred prosecution program. In support of the motion, the defendant is charged with a violation of KRS 218A.1415, Possession of a Controlled Substance 1st degree. Also included in the deal, the Defendant must list all previous convictions, including expunged documents, which are signed with a perjury warning. If you have been charged with possession of controlled substance in Northern Kentucky counties of Boone, Gallatin, Campbell or Kenton and have questions, you may call Michael Bouldin at 859-581-6453 or email questions to [email protected]

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