Home – Practice Areas – Q and A - Suspended Prosecution

What does suspended prosecution mean? I was recently charged with a misdemeanor and the prosecutor offered an agreement to suspend prosecution. What exactly does this mean?

Answer

A suspended prosecution (also known as a Continuance for Dismissal (CFD), Continuance Without Prosecution (CWOP), Attempt to Suspend Prosecution (ATSP) or a deferred prosecution agreement), means that the prosecution is going to stop moving forward with the case for an agreed-upon amount of time (usually 6 months or a year), with the goal being at the end of that agreed-upon period that the case will be dismissed. To obtain the dismissal, the defendant must abide by the conditions agreed upon in the Suspended Prosecution Agreement. Oftentimes, that just means staying out of trouble (i.e., not being charged with any new crimes), but it can also include participating in a diversion program, paying costs, taking classes, etc.

Why a Minnesota Defense Attorney would ask for a Suspended Prosecution Agreement

A suspended prosecution agreement has two benefits; 1) The case will be dismissed so long as the defendant follows the rules of the agreement, and 2) It does not require a guilty plea (as opposed to a Stay of Adjudication). As such, if something does go wrong and the agreement is violated, the Defendant may still exercise all of their trial rights. However, oftentimes, depending on the jurisdiction and the terms of the agreement, a suspended prosecution agreement does require some type of written admission to the facts constituting guilt which can be used against the Defendant if the case later goes to trial.

While that statement of guilt is not a guilty plea, it can be used against the defendant in court if the agreement falls apart. When facing criminal charges, it is always best to have an attorney advocating for you and advising you regarding any negotiated resolution.

At Halberg Criminal Defense, our team approach puts the firm’s collective knowledge and experience in your corner. Our attorneys are available 24-7 — Call us at 612-DEFENSE (612-333-3673).