Deferred Prosecution in NC

7/13/2015

Deferred Prosecution is a formal agreement by the State to drop charges against a Defendant upon completion of certain conditions such as probation, restitution, and community service. North Carolina authorizes such agreements under N.C.G.S. 15A-1341(a1). The following are generally requirements to qualify for deferred prosecution, although the District Attorney is free to offer any deal he or she wishes.

When is a case deferred?

The charge/s must be a low level felony and/or misdemeanor.
The Defendant must have a clean criminal record.
Any victim/s must not object.
The Defendant is not likely to commit further crimes.

Benefit and risk of deferred prosecution

The 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!

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).

The only item on my record (existing still today) is a (DD - Dismissed Deferred Prosecution) in NC.

While not a convection, it is still on my record. I have "NEVER" had an issue with this hindering any employment situations because all terms were completed and the case was "dismissed" with no further issues. I was young at the time and in college and got a ticket for street signs (Possession on Stolen Goods) in the house that I was residing in at the time on campus. It was an house that many people lived in and as far as I knew, who knows when or how long the signs had been in the house before I got there. Now days you can go in restaurants, antique shops, malls, etc. and see old street signs hanging without anyone complaining. But the police arrived at our residence on campus one evening to tell us to turn down the music and barged in and started writing tickets to whoever didn't run out the back door. Needless to say, I think it was a revenue generating tactic or a vindictive response by the local police putting up with college kids over the years.

I told the D.A. the same story and that I want out of this! I told him I would get in trouble if my parents found out so he gave me the offer for a "DD". I had no money for a lawyer or little did I know what a "DD" was. I still on the paperwork, asserted that "I did not own the signs" and agreed they be surrendered to whoever. I did not steal the signs! I did about 35hrs of community service, paid my ticket and the rest is history with no other trouble associated with this.

Now I am being asked about questions on a state oriented application that wants to know: "Have you been placed on community supervision or court-ordered probation, whether or not adjudicated guilty?".
Well, I guess there was some type of probation period during community service and a year or so after. But the case has been dismissed! How do you answer this? Particularly regarding to the previous questions of: Have you been convicted of a misdemeanor or felony", and that answer is "NO".
So,????
What should the probation question mean now that it was tied to a case that was dismissed?

And what does this mean as well: "Have you received deferred adjudication? (and) Have you been granted a pre-trial diversion".

(List of questions I have to answer based on the issue stated above):

Have you:
1. Been convicted of a misdemeanor (other than minor traffic violations)?
2. Been convicted of a felony?
3. Pleaded no contest (nolo contendere), plead pursuant to an Alford plea, or plead guilty?
4. Received deferred adjudication?
5. Been placed on community supervision or court ordered probation, whether or not adjudicated guilty?
6. Been sentenced to serve jail or prison time? Court ordered confinement?
7. Been granted a pre-trial diversion?
8. Been arrested or have any pending criminal charges?
9. Been charged or convicted of, or plead guilty to a DUI/DWI/OWI or any other alcohol-related driving convictions?
10. Been charged with a DUI/DWI/OWI or any other alcohol related driving charge that resulted in other convictions such as reckless driving?
11. Been convicted of any ordinances(s) violations?
12. Been required to register as a sex offender?

Based on the "DD" I received and situation I was in (explained above), how do I answer these questions truthfully???

Thanks.

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.

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.

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?

Bottom line- It would ultimately be up to the Judge.

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.

11/20/2017 03:51:15 pm

Sorry- but I simply don't have an answer to that question.

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?

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.

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

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?

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.

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.

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

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?

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 ?

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.

Josha

1/6/2019 08:40:00 am

Hi Jason,
My 16 year old son was charged with possession of 1&1/2 ounce of MAry j and some Xanax in Johnston County. I still can’t believe they let him sign himself out.
His lawyer says he can get him an informal deferment going. But then he was charged with felony possession of a stolen weapon, carrying a concealed weapon, and 2nd degree trespassing here in Wake County. We went to court and the ADA offered to drop the felony if he pleas to the carrying a concealed weapon and trespassing.
We have a court appointed lawyer. He said that he wouldn’t offer the first offenders program because of the pending charges in Johnson county.
After tossing and turning and researching my options, I came across the deferred prosecution option. Do you think the ADA will go for this even though we have the Johnston County charges?

Thanks in advance,
Anxious Mom

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.

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??

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.

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

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.

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?

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?

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

2/2/2021 10:14:44 am

Did your charge result is a dismissal? You should look into an expunction.

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!

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.

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?

3/19/2022 10:17:53 am

What county is this charge from? Deferred Prosecution is up to your local DA.

3/19/2022 10:23:52 am

I was charged in duplin county

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.

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.

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