What Is Deferred Prosecution in Kentucky?

Deferred prosecution is one of the most valuable tools available to criminal defendants in Kentucky. Also known as pretrial diversion, this program allows eligible defendants to avoid a criminal conviction by completing specified conditions over a set period. If the conditions are met, the charges are dismissed. If not, the prosecution resumes. Understanding deferred prosecution can mean the difference between a clean record and a permanent conviction.

Clark + Harris advocates for deferred prosecution and diversion for eligible clients throughout Kentucky, from Lexington and Louisville to every county in the Commonwealth.

How Deferred Prosecution Works in Kentucky

Under KRS 533.250, the Commonwealth’s Attorney or County Attorney may enter into a pretrial diversion agreement with a defendant. Under this agreement, the prosecution of the criminal charges is deferred (postponed) for a specified period, typically 12 to 24 months. During this period, the defendant must comply with agreed-upon conditions. If the defendant successfully completes all conditions, the charges are dismissed. If the defendant violates the conditions, the diversion agreement is revoked and prosecution resumes on the original charges.

Eligibility

Not every defendant or every charge is eligible for deferred prosecution. General eligibility criteria include the charge being a qualifying offense (most misdemeanors and some Class D felonies are eligible; violent felonies and sex offenses are generally not), the defendant having no prior felony convictions, the defendant not currently on probation or parole, the prosecutor’s agreement to offer diversion (this is discretionary — prosecutors are not required to offer it), and the victim’s input, though victim opposition does not necessarily prevent diversion.

Typical Conditions of Deferred Prosecution

The conditions attached to a deferred prosecution agreement vary depending on the nature of the charges and the county. Common conditions include maintaining no new criminal charges during the diversion period, completing community service hours, paying restitution to any victims, attending counseling or treatment programs (substance abuse, anger management, etc.), submitting to random drug testing, paying a diversion fee and court costs, and maintaining employment or enrollment in education. For DUI diversion, additional conditions typically include completing a state-certified alcohol education program, license restrictions, and installation of an ignition interlock device.

Benefits of Deferred Prosecution

The primary benefit of deferred prosecution is the avoidance of a criminal conviction. Upon successful completion, the charges are dismissed. This means no criminal conviction on your record for the charged offense, the ability to truthfully state that you were not convicted when asked by employers, licensing agencies, and others, preservation of your eligibility for future expungement of other offenses, no jail time (in most cases), and no probation following the diversion period. For defendants concerned about the impact of a criminal conviction on their careers, professional licenses, immigration status, or personal lives, deferred prosecution is often the best possible outcome short of outright dismissal.

Deferred Prosecution vs. Probation

Deferred prosecution is fundamentally different from probation. With probation, the defendant has been convicted and sentenced, and probation is part of that sentence. A violation of probation can result in the imposition of the original sentence, including incarceration. With deferred prosecution, there is no conviction. The charges are simply held in abeyance while the defendant completes the conditions. A successful completion results in dismissal — not a conviction with a suspended sentence.

What Happens If You Violate Diversion Conditions

If you violate the conditions of your deferred prosecution agreement, the prosecutor can revoke the agreement and resume prosecution on the original charges. You may then face trial or be offered a plea agreement, but the opportunity for diversion has been lost. This makes compliance with all diversion conditions critical. Our attorneys at Clark + Harris monitor our clients’ progress through diversion and help them address any issues that arise before they escalate to violations.

County-by-County Variations

Deferred prosecution practices vary significantly across Kentucky’s 120 counties. Some Commonwealth’s Attorneys and County Attorneys are more willing to offer diversion than others. The conditions imposed, fees charged, and types of offenses eligible for diversion all vary by jurisdiction. An attorney familiar with the practices in your specific county is invaluable in securing and successfully completing a diversion program.

Contact Clark + Harris

If you are facing criminal charges in Kentucky and want to explore whether deferred prosecution may be available in your case, contact Clark + Harris at 859-474-0001. We serve clients throughout the Commonwealth from Lexington and Louisville. Our attorneys will evaluate your eligibility and advocate for the best possible disposition of your charges.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful: