ABSTRACT
Part of the broad power accorded a prosecutor in the United States is the ability to offer the accused deferred prosecution. In those programs in which the prosecutor grants deferred prosecution, the accused will generally be asked to sign a contract accepting moral (but usually not legal) responsibility for the crime and agreeing to make victim restitution, to undergo specific treatment programs (substance abuse, methadone maintenance, anger management, etc.), to report periodically to a designated official (usually a probation officer), and to refrain from other criminal acts during the contract period. If these conditions are satisfied, the prosecutor dismisses ( nolle pros ) the charge. If the accused does not participate and cooperate actively in the program the prosecutor can, at any time during the contract period, carry the case forward to trial. Deferred prosecution can, although it is infrequent, lead to a unique probation organization within the office of the prosecutor.
