A continuance for dismissal (sometimes known as a “continuance without a plea” or an “agreement to suspend prosecution”) is perhaps the best resolution to a criminal case besides outright dismissal or an acquittal. A continuance for dismissal is an agreement between the defendant and the prosecutor. A typical agreement requires the the case be “put on the shelf” for an agreed-upon time (usually a year) and if the defendant follows the terms of the agreement and has not incurred any new charges within that time, then the case will be dismissed. The only right a person gives up is a right to a speedy trial.
Advantages of a CFD resolution:
- The defendant does not enter a guilty plea. Therefore, if the defendant gets a new charge within the continuance period, then the State will prosecute the case as if the agreement never happened. (You can contrast this with a “stay of adjudication,” where the defendant is required to enter a guilty plea. Prosecutors like stays of adjudication because if the defendant gets a new charge within the continuance period, they do not have to recreate the wheel to get a conviction—the guilty plea is already on record.)
- The defendant is able to state on job and housing applications that he or she has never been convicted of a crime before.
- If the case is dismissed after continuance period, then it has “resolved in the defendant’s favor” and a defendant is entitled to a statutory expungement of the case from their criminal record. (Note: You will still have to take the steps to get this expungement. It is NOT automatically expunged from your record.)
If you have received a continuance for dismissal, it is very important that you follow the rules of the agreement closely. If you are looking to expunge a CFD case from your record, contact Brandt Kettwick Defense at 763-421-6366 for a free, no-obligation consultation.