If you are not a United States citizen and you are charged with a crime (either misdemeanor or felony), it’s important to know one thing: a plea to a crime can subject you to deportation. It’s important enough that it is included in standard plea forms and judges are required to remind defendants of this consequence during the plea colloquy. If it’s not crystal clear whether a plea can subject you to deportation or interfere with your status in the U.S., do not enter a change of plea until you have all the information. So, if you are not a U.S. citizen, you must discuss whether a plea to your criminal charge can result in your deportation even if you are a permanent U.S. resident or green cardholder with your lawyer. Also, pleas can impact DACA status so investigate this as well. If you need to hire a lawyer, you can call our office at (813) 253-3363.
DUI Deferred Prosecution
The Eighth Judicial Circuit State Attorney’s Office which includes Alachua County has created a deferred prosecution program for people charged with certain types of criminal offenses, including DUI. A deferred prosecution is a contract between the person charged with the DUI and the State Attorney’s Office. This agreement will require that within a certain period of time, usually one year, the person charged with the DUI complete all requirements in the agreement. The requirements may include paying the cost of prosecution, community service hours, substance abuse evaluation and/or treatment. Once these requirements or sanctions are completed and proof of the completion is provided to the Assistant State Attorney in the time required, the State Attorney’s Office will reduce the DUI charge to a Reckless Driving Citation. However, if the terms of the agreement are not completed in the allotted time, the person’s DUI case would open back up and be prosecuted fully.
In order to be eligible for consideration of Deferred Prosecution, the person charged with the DUI must have no prior arrests or convictions of any sort and apply for approval by the State Attorney’s Office.