Deferred Disposition in Maine

Have you received a deferred disposition offer from a Maine prosecutor? If so, you are likely wondering what it is and whether you should take it. I will explain what it is in a simple way on this page. I will also give you some guidance about what you should consider to decide whether this is a good option for you.

A deferred disposition is similar to a bail order or probation conditions. If you meet those conditions, your case is dismissed. If you fail to meet those conditions in any way, you may be immediately convicted and sentenced on your original charge.

As you can see, meeting the conditions of your deferred disposition is crucial. Therefore, you should only accept the agreement if you think you can meet those conditions. These terms are listed on the “Agreement of Defendant and Order Deferring Disposition” and also in a bail order that becomes a part of the agreement.

The first thing to consider is whether the assistant district attorney (ADA) will agree to it. If the ADA believes they have a very good chance of winning their case at trial, or if they notice you have a history of violating court orders, they will be less inclined to offer a deferred disposition.

The second thing you need to consider is that to make a deferred disposition agreement, you must enter a plea of “guilty” on the date you make the agreement. This scares a lot of clients because they insist they are not guilty of the charges against them. But I explain to them that when the length of time the agreement lasts is completed – usually 1 year from its start date – they can retract their “guilty” plea and no conviction will appear on their record, provided they meet their conditions.

The last thing to consider is the actual terms of the agreement, such as:

1. The length of time the agreement lasts
2. Prohibitions against drugs and alcohol
3. Orders restraining you from having contact with someone
4. Counseling and reporting requirements
5. $150 fee to the district attorney

Terms in your agreement should be in some way related to the incident that gave rise to your charges. For example, a domestic violence assault case may mean that an ADA will not want you to have contact with the alleged victim. However, if there was no alcohol involved, be sure to get that provision stricken from the bail order, or at least modified to say “not use any alcoholic beverages excessively or illegal drugs." You may be thinking “I don’t drink, so this does not apply to me.” But keep in mind that the idea is you want to minimize the possibility that you will fall short of meeting all the requirements. Do not add burdens that need not be added.

When the time period ends, you will have to travel to court and appear before a judge or justice. If the ADA who is present vouches for you and says you were compliant with all the conditions, the judge will then allow you to withdraw your “guilty” plea and the case will be immediately dismissed. If there is reason to believe that you have not met all your requirements, there will be a hearing on the matter. However, as a practical matter, those issues would more likely come up during the course of your deferment rather than at its conclusion.

In general, I consider deferred disposition to be a favorable outcome for my clients, although I do want to look into the details of a proposed agreement before I counsel my clients to accept.