Quick Question

[SM_in_FL]

Hi, Soc!
I've been doing some digging and found that Bm's live in boyfriend has a domestic violence case in criminal court. However, disposition for both counts of battery were to the deferred prosecution program and he actually has a "report" hearing next month. So my question is:

1) What does it mean??? (deferred prosecution program, what is that???)

2) If that was final disposition, then was he found not guilty?

Thanks,
SM

[socrateaser]

>>1) What does it mean??? (deferred prosecution program, what is
>that???)

Means that the DA has agreed not to prosecute at all, if defendant agrees to ____________ (anger management class, pay support timely, etc.). This is different from asking a court to accept a plea bargain, because there is no record of a conviction on the defendant's record.

>
>2) If that was final disposition, then was he found not
>guilty?

No. See above.

[SM_in_FL]

Thanx Soc for your response. Few more though:

1) If the defendant agreed to pre-trail intervention (or whatever), then there would no longer be a restraining order again him?

2) He has a hearing titled "report" next month, what does that mean?

3) does anyone have a right to view this person's entire record, as it is public record or only certain portions of it?

Thanks again, Soc!
SM

[socrateaser]

>1) If the defendant agreed to pre-trail intervention (or
>whatever), then there would no longer be a restraining order
>again him?

Might be a stipulated restraining order, conditioned on compliance with DA's conditions for not prosecuting.

>
>2) He has a hearing titled "report" next month, what does that
>mean?

Means the DA and Defendant will report status to judge. Why the judge, if there's no charge? Um, er, because everyone's sort of ignoring traditional due process in order to make all this work. It's sort of like traffic court -- guilty until proven innocent.

>
>3) does anyone have a right to view this person's entire
>record, as it is public record or only certain portions of
>it?

Depends on the law of the jurisdiction. Some of the file may be considered attorney-client privileged (the DA, being the attorney, the State being client).

[smtotwo]

by the clerk of courts office, bu accident I'm sure.

I simply went in with the case # and asked to review the file.  I was given the entire file.   Which included reports from a psychologist about ex's new husbands drug use and charges pending for possesion of THC and drug paraphenalia.

I just asked for 1 copy of everything in the file and they copied everything for me.

He was also on a deferred prosecution agreement.  I felt it was my civic duty to report to the DA's office that he had not fullfilled certain portions of the agreement, at which time the DA recinded the agreement and he was charged and found guilty of the charges.  There were no major victories for DH and I, they simply gave him a suspended sentence and all the conditions of the DPA remained in effect but he was placed on probation until they were completed.

The big thing for us  is that now we have a record of his drug use.  And when we file for full physical next year we'll have that, along with all the ex's contempts and LONG list of other things.


Just ask for the file, you might be surprised, I was!!