What Is Deferred Prosecution in Arizona? ARS 11-361

What Is Deferred Prosecution in Arizona?

Deferred prosecution is an agreement in which the prosecutor puts a criminal case on hold before a guilty plea or trial while the accused completes a supervised program, and then dismisses the charge if the program is finished. Arizona authorizes it in A.R.S. § 11-361, which defines a county attorney’s “program” as one that may “divert or defer, before a guilty plea or a trial, the prosecution of a person who is accused of committing a crime.” Under A.R.S. § 11-365, the decision belongs to the county attorney alone: no defendant has a right to it, and no judge can order it. In Maricopa County it is run through the Maricopa County Attorney’s diversion programs page, and in practice the words “deferred prosecution” and “diversion” describe the same thing.

The reason it matters: a successfully completed deferred prosecution ends with no conviction. No plea is entered, no judgment is imposed, the charge is dismissed, and the case can then be sealed under A.R.S. § 13-911(A)(2) without any sentence-based waiting period. It is the single most valuable resolution short of a dismissal on the merits, and eligibility for it is decided early, often before the first substantive court date.

Which Deferred Prosecution Programs Does Maricopa County Run?

Per the Maricopa County Attorney’s diversion programs page, the Maricopa County Attorney has authorized these programs under A.R.S. § 11-362, each with its own eligibility policy:

How Deferred Prosecution Works, Step by Step

• Screening. The assigned prosecutor evaluates the case for offense eligibility (the charge must be on the program’s list) and offender suitability (criminal history, victim input, the facts). Defense counsel can and should make that case in writing before the decision is made.
• The agreement. The defendant signs a deferred prosecution agreement setting the program length, the conditions, the fees, and what happens on failure. Most agreements require an admission or a waiver of certain rights; reading those terms with counsel matters, because they define what the State can do if the program is not finished.
• The program. An assessment determines the track, followed by education or treatment, testing, and reporting. The criminal case is continued or held in abeyance while the program runs.
• Completion. On proof of completion, the prosecutor dismisses the charge. The court record shows a dismissal, which can then be sealed under A.R.S. § 13-911.
• Failure. If the program is not completed, the prosecution resumes where it left off, and any admission in the agreement may be usable. The limitation period under A.R.S. § 13-107 is not the issue; the agreement is.

Deferred Prosecution vs. Probation, Prop 200, and a Set-Aside

• Probation follows a conviction. The judgment is entered and the record shows a conviction even if the sentence is suspended. Deferred prosecution happens before any judgment.
• Prop 200 mandatory probation under A.R.S. § 13-901.01 still requires a conviction for personal drug possession; it removes prison, not the felony record. The Felony Diversion Program is the path that removes the conviction itself, and drug possession is its core eligible offense. See our guide to felony diversion in Arizona.
• A set-aside under A.R.S. § 13-905 comes after a conviction is served; it annotates the record but does not remove it. Deferred prosecution avoids the record in the first place.
• A plea to a lesser charge is still a conviction. Deferred prosecution is worth more than most plea offers for anyone who can complete it.

How to Get Deferred Prosecution

Because eligibility is discretionary under A.R.S. § 11-365, the defense’s job is to make the case the prosecutor needs to see: a clean or minimal history, a charge that fits a program, early enrollment in treatment or counseling before anyone orders it, restitution arranged where there is a loss, and a written proposal that addresses the program’s own criteria. Timing matters; the screening happens early, and the argument is easier before a case has hardened into a plea offer. Where the County Attorney declines, the same facts support a negotiated dismissal, a reduced charge, or, on a drug case, the alternatives our diversion program guide describes.

How Tamou Law Group Pursues Deferred Prosecution

We identify program eligibility at intake, start the client on treatment or counseling before it is ordered, gather the history and restitution facts the screening prosecutor weighs, and put the request in writing to the assigned deputy county attorney before the decision is made. We read the agreement’s admission and waiver terms with the client, manage compliance so the program is completed, and file the sealing petition once the dismissal is entered. Former prosecutors on the team know how these cases are screened. In every Maricopa County court.

Related guides: felony diversion programs in Arizona, how Arizona’s diversion program works, sealing an Arizona criminal record, and our Arizona criminal defense hub. Call 623-321-4699, 24/7.