Deferred Prosecution

A deferred prosecution is an agreement between someone who is charged with a crime and the State Attorney’s Office. This agreement will require that within a specified period of time, the person charged with a crime will complete all requirements in the agreement. Once those requirements or sanctions are completed and proof of the completion is provided to the State in the time required, the State Attorney’s Office will drop the charges against the accused.

Frequently Asked Questions

1 How do I get an extension to complete my Deferred Prosecution?

• You may not have an extension of time. Please be sure to have the Deferred Prosecution Sanctions completed by the deadline given.

2 ) Who can call to ask Questions about my Deferred Prosecution?

• We will only provide answers about your case to you or your attorney.
• We will only provide answers to you or your attorney once you review the information on this website and still have questions.

3 ) I have been required to complete one of the following; Milepost, Anger Management, Substance Abuse Evaluation and Treatment, or Mental Health Evaluation or Treatment, but I live out of town or out of State. What should I do?

• You may complete a similar program or evaluation in your area and provide proof of completion of that program or evaluation and treatment.
• Milepost at 1-800-582-2799 will help you find one in your area.

4 ) If I’ve lost my Deferred Prosecution and need another copy, where can I get one?

• Our office will not provide you with another copy of your deferred prosecution.
• You will need to go to the Clerk of the Court (220 S. Main Street, 4th Floor, (352) 337-6250) and pay for another copy.

5 ) Are there limitations on where I can do my community service hours?

• You may do Community Service in your area, but you must go through Court Services (352) 338-7390 to complete your community service hours.
• Hours that do not go through Court Services will not be accepted.

6 ) If I do Community Service Hours do I still need to pay the $100 Cost of Prosecution?

• Yes, you must pay the $150 Cost of Prosecution even if you complete Community Service hours instead of making a charitable contribution.
• The $150 Cost of Prosecution cannot be reduced to Community Service Hours.
• You may not pay the $150 Cost of Prosecution in cash or personal check. Only money orders or cashier’s checks will be accepted.

7 ) Once I complete the Deferred Prosecution and provide proof of completion to the State Attorney’s Office, what will happen with my case?

• If you have no further violations of the law during the deferred prosecution period and have provide proof of completion, the Charges against you will be dropped or dismissed by the State Attorney’s Office.
• The Case and Charges will still be on your “record.” However, it will show that the charges against you were dropped.
• If you would like to have the charges removed completely from your record, you must have the charges expunged.
• If you would like information on whether or not you are eligible for expunction and the process, see this website: http://www.fdle.state.fl.us/cms/Seal-and-Expunge-Process/Seal-and-Expunge-Home.aspx

8 ) I was planning to pay the charity but have changed my mind and want to do community service or I was planning to do community service hours and now would like to pay the charity. Is that okay?

• The option is yours; it does not matter to our office which option you choose.
• Provide us with proof of either the community service hours or the charitable contribution by the deadline.

9 ) When is my DP supposed to be complete?

• You must provide proof of compliance to our office one month before the end of your deferred prosecution period.
• If you have a 4 month Deferred Prosecution, have all proof to our office in 3 months from the date the agreement was signed.
• If you have a 6 month Deferred Prosecution, have all proof to our office in 5 months from the date the agreement was signed.

10 ) Where do I send my donation?

• The second page of your Deferred Prosecution agreement gives you the full address of the charity. It will also explain the form of payment the charity will accept.

11 ) I didn’t receive my receipt or have lost it, what do I do now?

• You must call the charity and ask for verification that the money was received.