Deferred Judgments

A deferred judgment is a way to resolve a case where the defendant pleads guilty to the charge, but the charge will be expunged from the defendant’s record after a successful period of probation. This is an excellent resolution when the prosecutor has a strong case and the defendant wishes to keep his record clean. A deferred judgment will also keep a defendant from going to jail or prison, provided that the period of probation is completed without fault.

The availability of a deferred judgment is based on many criteria. The current criminal charge, the defendant’s criminal history, the agreement of the prosecutor and the argument of the defense attorney all weigh in whether a deferred judgment will be granted. Considering all these factors, the judge will make the final determination if a deferred judgment is granted.

A defendant can only receive two deferred judgments in his lifetime. If a defendant requests a deferred judgment, the State will conduct a background check to discover if any deferred judgments or similar arrangements have been made in Iowa, or any other state.

The decision to seek a deferred judgment is something that should only be made after discussing the matter with a lawyer.