When is a case deferred?
Benefit and risk of deferred prosecutionThe obvious benefit for the Defendant who is offered Deferred Prosecution is the opportunity to avoid any convictions and/or jail time. The risk to entering into a Deferred Prosecution is that a formal agreement signed by the Defendant usually waives the right to a trial and admits guilt. Upon breach of the agreement by the Defendant he or she is subject to a quick conviction on all charges and has essentially waived all defenses. What is a formal deferred prosecution?Formal deferred prosecution generally involves a written agreement signed by the DA and the Defendant entered in open Court in front of a Judge. Formal Deferred prosecution usually requires supervised probation along with community service and or financial restitution to any victims. What is an informal deferred prosecution?Informal deferred prosecution is usually reserved for low level misdemeanors and may not require a written agreement or confession in open Court. What is Deferred Prosecution Lite?Deferred Prosecution Lite is a program in Mecklenburg County NC for low level crimes like misdemeanor larceny or possession of marijuana or alcohol whereby upon completion of either a Cognitive Behavior Intervention (“CBI”) class or drug awareness class charges are dropped. What is the 90-96 program?The 90-96 program involves the conditional discharge of certain drug charges. This program is used in lieu of deferred prosecution in Union County, NC. What if I am not offered Deferred Prosecution?The program is at the discretion of the DA and nobody is entitled to this program option as a matter of right. Do I need an attorney to get Deferred Prosecution?An attorney is not technically required, but it some cases a deferred prosecution offer may only be an option after meeting the elected District Attorney. For pro-se defendants this is usually not an option. Besides it is always advisable to have an attorney in criminal Court. If you cannot afford an attorney you may be eligible for a court appointed attorney. Is there any advantage to having an attorney?Perhaps an attorney can explain to the District Attorney that you have no guilt whatsoever and therefore the case should be dismissed, without the formal deferred prosecution process. Another possibility is an informal deferred prosecution as opposed to formal deferred prosecution. Should I sign a formal deferred prosecution agreement?The risk to signing a formal deferred prosecution agreement is that it’s essentially a confession that will be used to convict you if you fail to abide by the terms of the agreement. If I plan to abide by the terms of the agreement what is the risk?The risk is these days it’s easy to be charged with a crime for which you have no culpability. If you are in the car with friends and an officer finds marijuana and nobody confesses often the entire car is charged. Can I expunge a charge after Deferred Prosecution?If the charges were dismissed then you should be eligible for expunction if you have never had an expunction before. Be aware there is now a $175 fee to expunge charges dismissed as a result of Deferred Prosecution.
35 Comments
Ramzes
8/17/2015 08:03:05 am
Deferred prosecution is a real life-saver in some cases, definitely was in mine. I'm glad this law exists - thanks for the helpful article!
Reply
Need Answers
10/20/2017 03:52:26 pm
I am in the process of filling out an application that is asking about a few questions that I do not know how to, or the most correct way to answer the questions (See list below).
Reply
Jason Witt
10/20/2017 04:03:35 pm
This blog is intended for general informational purposes only and is not intended to represent specific legal advice. That being said, you should seek a local attorney to review your court file and determine exactly what your signed and admitted to in court when answering these questions. You should also strongly consider filing a motion to expunge this off your record completely as many employers treat any charge regardless of the outcome as a strike against you.
Reply
Bernard
10/25/2017 07:19:37 pm
Is there possibility for early termination ? I have completed over a year now with no run ins with the law or bad days at reporting's with my probation officer. Payments are almost finished.
Reply
Jason Witt
10/25/2017 07:33:12 pm
Did you have a lawyer when you entered the deal? How many years were you supposed to be on probation?IS teh money owed restitution- that almost would certainly have to be in full first.What county is this from?
Reply
Tami Luxon
11/20/2017 01:22:04 pm
I received a deferred prosecution for felony larceny H. I will complete my probation on January 8th. Will I be able to purchase a handgun for personal protection after that? Thank you.
Reply
Jason Witt
11/20/2017 03:51:15 pm
Sorry- but I simply don't have an answer to that question.
Reply
Jerry Davis
2/25/2018 05:00:05 pm
I recently received a Deffered Prosecution agreement, and I have a applied for a new job....will this show up on my background check?
Reply
Jason Witt
2/25/2018 05:14:31 pm
Any pending criminal charge will appear on your record as a pending charge. Even dismissed charges still appear on your record. After your case is dismissed you should consider filing for an expunction to clear your record. That process usually takes 9-12 months to finalize, but can't be started until the case is closed.
Reply
jason smith
3/13/2018 11:16:54 am
I am trying to get deferred prosecution but my case keeps gettiing continued. I am going back to court inb April for the 3rd time. I cannot keep taking off from work. How many times can a case be continued before I can ask for a dismissal. Also can I request a public defender at any time ? I was going to represent myself. Thanks
Reply
Jason Witt
3/13/2018 03:16:24 pm
You can object to the case being continued at any time, but most Judges will give the State multiple continuances. You also run the risk of angering the DA and they could refuse to offer deferred prosecution. Have you not already signed a waiver of counsel at this point? If your case keeps getting continued it sounds like the DA does not want you to get a deferred prosecution. What is the charge and county?
Reply
Steven Denny
6/13/2018 05:10:53 pm
Can a deferred prosecution be revoked if your changed again with a like crime as your deferred.
Reply
Jason Witt
6/14/2018 09:53:24 am
It certainly could be revoked if the case is still active. A formal deferred prosecution usually involves admitting guilt and being placed on probation until the charge is dismissed.
Reply
Sandra Barrino
12/5/2018 02:38:22 pm
Yes I have a prayer for judgment and a dismissal on my record is there any way I can get this removed
Reply
Jason Witt
12/5/2018 02:42:13 pm
What county are these charges from? Do you have any convictions of any kind? What is the PJC for?
Reply
Chanel
1/4/2019 10:25:26 pm
Hey , I’ve been convicted of felony embezzlement and I have a shitty public defender he offered me 12- 24 months probation should I take the plea ?
Reply
Jason Witt
1/5/2019 10:47:24 am
Do you charged instead of convicted? Seeking legal advice via the internet is not a sound approach. My advice would be have a sit down consultation with a local attorney as things vary dramatically by county. Most criminal defense attorneys will offer a free consultation.
Reply
Josha
1/6/2019 08:40:00 am
Hi Jason,
Reply
Jason Witt
1/6/2019 11:11:47 am
It is totally up to the prosecutor. My advice would be speak with a local attorney familiar with the DA's office in that county to see if hiring your own attorney in Wake county could possibly result in a better offer of at least maybe letting him plead to just the trespassing charge.
Reply
Kody Smith
1/15/2019 04:59:01 pm
I got a deferred prosecution for having a knife on school grounds about 6 months ago and my court provide lawyer said that I have to pay $180. But to my understanding, last time I spoke with him he said that I didnt have to pay until i start doing taxes. I'm 17 and still in school with no job, I'm not doing taxes yet. What will happen if I dont pay it in time??
Reply
Jason Witt
1/15/2019 06:18:25 pm
You would need to ask your attorney, but potentially you could be found to have not met the conditions of your agreement and denied a dismissal.
Reply
Felicia sellers
1/19/2020 07:53:10 pm
I been on probation for two years I had to do 100 hours of community service but couldn’t have time to complete to make payments and complete the service what could happen next ? I haven’t got any trouble with being on probation
Reply
Jason Witt
1/19/2020 09:07:39 pm
You would need to speak with a local attorney or maybe your probation office for advice on how things work in that county.
Reply
Nira
2/12/2020 10:04:42 am
I have a PJC for 1336: ASSAULT AND BATTERY 14-33(A). It’s a misdemeanor offense. Would I be eligible for an expungement or a Deferred Prosecution?
Reply
Jason Witt
2/12/2020 11:25:31 am
Deferred prosecution is usually only offered before a disposition is entered. A PJC means you either pled guilty or were found guilty after a hearing. How old is this case? How old were you at the time?
Reply
Rob Thomas
2/2/2021 08:45:12 am
I received deferred prosecution in the early 80s on a drug charge and haven’t heard anything from it even worked as a high security employ on us embassies in the old Soviet Union but when I applied for a concealed carry permit I was denied
Reply
Jason Witt
2/2/2021 10:14:44 am
Did your charge result is a dismissal? You should look into an expunction.
Reply
Lynn Sanders
2/10/2021 05:10:25 pm
My daughter, now 27, received a ticket for possession of mixed beverage (GS 18B-302(B)(2)) when she was 19. The charge was dismissed after she completed 12 hours community service and 12 months unsupervised probation. She is now completing law school applications and is asked the question "Have you ever used deferred prosecution for a criminal charge". I conclude that her answer would be "yes"? Thank you in advance!
Reply
Jason Witt
2/10/2021 07:27:40 pm
I would recommend calling the courthouse to determine how it is entered in the computer. It may have just been an informal deferred prosecution which is not the same as a formal one. I would also recommend starting the expunction process now to get it off her record before she applies for jobs or admission to the BAR.
Reply
C.rose
3/19/2022 09:19:03 am
Am 41 yrs old, I was charged with assault on a female. And released on $1000 unsecured bond. I have clean record, never been in trouble with the law other than traffic citations 5 years ago. Can I qualify for any diversion or deferred prosecution programs and if so potentially get it expunged?
Reply
Jason Witt
3/19/2022 10:17:53 am
What county is this charge from? Deferred Prosecution is up to your local DA.
Reply
C.rose
3/19/2022 10:23:52 am
I was charged in duplin county
Jason Witt
3/19/2022 10:28:17 am
You would need to speak with an attorney in that county to explore your options. Just be advised that unless the case ends in a dismissal or not guilty the charge cannot be expunged.
Sam Killoa
10/6/2022 09:03:24 pm
I want to knwo what is a deffer prosecution. I want my case to be dismiss. I have a something pending on cummicating threats that I have been falsly asuse against my chld mother. I work a good job and is in law enforcment, My worry is in coiurt if I am found gulity of ay lie, i will lose my job them also wouldnt be able to take care of my child.
Reply
Jason Witt
10/7/2022 08:33:24 am
Deferred Prosecution is a program authorized by your local DA. You would need to speak with a local attorney to see if the program is an option in your particular case and what all it would involve.
Reply
Your comment will be posted after it is approved.
Leave a Reply. |