Charlotte Criminal Lawyer Blog
Deferred Prosecution in North Carolina
Criminal charges are serious and if convicted of an offense you could face a severe sentence. Aside from the possible penalties, you will also have a criminal record, which could negatively impact your life for many years. You will want to vigorously defend the charges against you to seek the best possible outcome. In some cases, you may qualify for a deferred prosecution program. An experienced criminal defense attorney will help you seek deferred prosecution if it is possible for your case.
What is Deferred Prosecution?
Deferred prosecution is an agreement between the prosecutor and defendant that holds off on prosecution until the defendant successfully completes the terms of probation. The defendant must finish probation, at which time the charge will be dismissed. The prosecution waits until the probationary period is over. If the defendant does not complete the terms of the agreement, the state may proceed with prosecution. Generally, deferred prosecution is available only for first-time offenders of certain types of charges who meet qualifications.
How Does Deferred Prosecution Work?
A deferred prosecution is like a contract. Both parties agree to the conditions of the deferred prosecution. The probationary period may be up to two years. During this time, the defendant is not brought to trial. The defendant must comply with the conditions of probation. At the end of the probationary period, the charges are dismissed as long as the defendant successfully completes the terms. If the defendant violated probation, the charges may be reinstated. Once the defendant completes probation, they may not be prosecuted for the same crime in the future.
Conditional Discharge Agreements
A conditional discharge agreement is similar to deferred prosecution. A conditional discharge is a process that occurs after a defendant has been found guilty or pled guilty to a crime. In this case, the court will defer further proceedings and place the defendant on probation. If the defendant successfully completes probation, the court will withdraw the guilty plea and dismiss the charges. If the defendant violates probation, the case will continue with a guilty plea and the court will sentence the individual. A person may be eligible for conditional discharge in some Class H or I felonies or misdemeanors.
Eligibility for Deferred Prosecution
North Carolina law allows for deferred prosecution in some cases where a defendant is charged with a Class H or I felony or a misdemeanor. The defendant must not have been previously convicted of any crime of moral turpitude and has not been on probation in the past. The prosecutor will not agree to deferred prosecution unless the defendant is unlikely to commit another offense. The defendant must agree to the terms of probation, which may be supervised. The conditions of probation depend on the specific charges and may include payment of restitution, participation in a treatment program, community service or more.
Deferred prosecution or conditional discharge are programs that are generally only available to first-time offenders. Your attorney will work with the prosecutor to determine whether you qualify for a deferral. If you have been charged with a crime, a deferral is one option that will help to resolve the matter without a criminal record. To learn more, contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/probation
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https://www.freeimages.com/photo/balance-1172800
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