Risk Factors

SUCCESSFUL COMPLETION OF DEFERRED PROCEEDINGS 

The following list of factors should be considered and assessed before a client seeks deferred proceedings on crimes. Too many times attorneys do not properly assess a client's chances for successfully completing deferred proceedings before seeking it. If a client fails probation, i.e., violates probation and is subsequently convicted of the violation, the judge commonly will revoke deferred proceedings and a conviction will enter—often it will be a felony conviction. Consequently, attorneys should consider and assess the following risk factors BEFORE seeking deferred proceedings.

  • Mental-health issues

    • Bi-Polar

    • Depession, ADHD, etc.

    • On medications for mental-health issues

    • Not on medications for mental-health issues

  • Drug/alcohol use and abuse

    • Used illicit drugs in the past 6 months

  • Prior criminal record

  • Violated probation in past

  • Education

    • Dropped out or expelled from high school

    • No GED

  • Unemployed and not in school

  • Age 21 or under

  • Suspended driver's license

    • Dependent on public transportation or others for travel

  • College student living on campus (parties attended where alcohol and illicit drugs present)