If diversion is not possible for a misdemeanor, is deferred entry of judgment the next-best alternative?

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Anonymous Aug 8, 2013 Criminal Defense 6 views 5 answers

Hypothetically speaking, if you had a case that needs to prove two facts: 1. the defendant had the intention to commit the crime. 2. The defendant made an act of furtherance to commit the crime. Your client did perform the act of furtherance. However, there is not evidence that your client had the intention to commit the crime, but he explains to you that he was rather persuaded to do the crime by a gorgeous undercover officer using a very sensual tone of voice (which the defendant cannot use on his defense because there is not recording). If this were your case, would you recommend your client to accept the deferred entry of judgment if the DA puts it on the table or would you explain your client that he does not lose much by going to trial and fight for an acquittal?

Attorney Answers

Ray Shane IbarraCriminal Defense AttorneyNewport, KY

Ray Shane IbarraCriminal Defense AttorneyNewport, KY · Jun 15, 2026

Unfortunately this is the type of question that would be impossible to answer without knowing the details of your case. The best thing to do is ask an attorney about what the evidence would be on either side of each of the elements of the offense and whether or not the government would have a good chance of proving their case. If you are not able to hire an attorney, consider approaching your local public defender's office (phone number is usually available at the courthouse clerk's office) and asking whether or not you might qualify for their assistance. Generally, deferred entry of judgement can be an acceptable way to resolve a case if you are worried about a conviction at trial, but there can also be serious collateral consequences of such a resolution, not to mention the risk of of a violation. You would really need an attorney to consult with about the likelihood of that happening.

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David Piper

David Piper · Jun 15, 2026

I have no idea what I would recommend based on what is presented here. There are too many unknowns. Most important, the actual charges involved. Second most, what the actual evidence is in this case. I would suggest "my client" meet with me for about an hour long conversation after I had reviewed ALL the evidence in detail.

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Nicholas Loncar

Nicholas Loncar · Jun 15, 2026

DEJ, just like any diversion, will delay the dismissal of your charge (probably for 6-12 months). Pushing the case towards trial could lead to a dismissal a little bit sooner and and you could win a trial (which might be too public/humiliating) in less time than that. It's hard to make a recommendation here without seeing the discovery. Ask yourself some of the following: 1. can you live with the DEJ outcome? (i.e can you wait up to a year for this dismissal to take place?) 2. Would you be willing to risk a conviction by taking the case to trial? Unfortunately, without looking over discovery myself, I have no way of telling you the likelihood of success at trial or the likelihood of persuading the DA to dismiss the case instead. Hope this helps a little. Best, Nicholas M. Loncar, Esq. t: 323.803.4352 | f: 323.617.3838 www.iDefendLosAngeles.com [email protected] Sunset Law Building | 1295 W Sunset Blvd Los Angeles, CA | 90027

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Michael Cernyar

Michael Cernyar · Jun 15, 2026

A dismissal versus a conviction. Those appear to be the two worse case scenarios. Which one would you take?

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Margaret Mendoza

Margaret Mendoza · Jun 15, 2026

I think you are asking about DEJ v. Prop 36... Many facts unknown, but generally speaking, if you do not qualify for PC 1000 (DEJ), which is within the court's discretion, but do qualify for Prop. 36, you are entitled to that and will receive that even if you decide to push the case forward, so if there are other issues that should be dealt with first (Motion to Suppress Evidence, etc.), then do so. Even if you lose at trial, you are entitled to Prop 36. There are other specific differences between the two programs, which an attorney can explain to you.

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