Deferred Prosecution Gets Bad Rap in Milwaukee
You’ve heard the saying “One bad apple spoils the whole bunch.” Well there might be more than one apple in this story but these few cases of deferred prosecution are leaving a bad taste I the mouths of many Milwaukeeans.
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According to the Milwaukee Journal Sentinel, Timothy Hayes, a 48 year old Franklin contractor was recently given deferred prosecution in a plea agreement between the District Attorney’s office and his criminal defense lawyer. His criminal history has some questioning the plea agreement and the fact that he won’t be serving any jail time for an incident that nearly hurt a police officer.
Hayes was accused of nearly backing his car into Deputy Sandra Welsher as she sat atop her patrol horse. He got so close that Deputy Welsher states that her pant leg moved. When police found him at his mother’s home he refused to exit his vehicle. Once opened, police found numerous police-slandering signs within the vehicle.
Hayes was originally charged with 2nd degree reckless endangerment, a felony with a potential 10 year sentence. However, under deferred prosecution, the charges will be dropped if Hayes fulfills certain obligations, including staying crime free, between now and March.
Deferred prosecution cases are most often reserved for first time criminal offenders. Hayes isn’t a first time offender and it seems this is part of the reason some are upset with his plea agreement.
In cases of deferred prosecution the defendant is allowed to complete a term of supervision, similar to probation, before trial. If successful on this probationary term, the charges are dropped. Deferred prosecution always contains a term that the accused stay out of trouble but may also ask that they complete community service, drug or alcohol treatment, and maintain employment.
Not all offenses are eligible for deferred prosecution. If you’re wondering about your charges, call me today to discuss this and other options available to you.
While some people are upset with Hayes’ second chance, it could be the opportunity he needs to change his life around.
Whether you are facing charges of OWI or assault, I want to help. Contact me as soon as possible for a free consultation on your case.