Yes, if a few criteria are met. The first criterion that must be met is that the Defendant has to be charged with misdemeanor possession. The second criterion is that the Defendant must be a first-time offender. If both these criteria are met, then a Defendant is eligible for a memo agreement.
A memo agreement is a contract between the District Attorney's office and the Defendant. The Defendant agrees to perform the following tasks:
a) Appear at Court to sign the memo agreement, appear at the halfway check-in (30 days later), and appear at Court to receive the dismissal paperwork (an additional 30 days later.)
b) Provide 2 clean UA's
c) Perform 24 hours of community service.
d) Pay a fee to District Attorney's of $620.00
If the Defendant performs the above-referenced tasks, the DA's office will dismiss all charges. Once the charges have been dismissed, the Defendant can take steps to have the incident removed/expunged from their record.
If a Defendant fails to comply with the terms of the memo agreement, the contract is considered broken and the DA's office will then prosecute the case.
It would be unwise to try to handle and/or set up a memo agreement without an experienced attorney. If you have any questions about a memo agreement, please feel free to contact my office.
Law Office of G. Thayer Williamson.
