who's filed for this in court? What were your limitations and probationary lengths?

I've got a couple friends in some legal trouble and its either this or trial. I don't know what their story/arguement is but if I knew I was innocent of something I would hate to make a written statement of guilt just to get out of trial. Especially knowing if you fuck up once during that time it will bite you in the ass, HARD.




I just want this to be a discussion topic about the process of deferred prosecution, kthx

[Edited on July 1, 2008 at 4:27 PM. Reason : add and edit]

7/1/2008 4:26:24 PM

IBTjackleg

7/1/2008 4:29:31 PM

Quote :

"Q: Does deferred prosecution mean you have to admit to the felony you've been accused of? A: No. Generally, there are two types of deferred resolutions to criminal charges: a deferred prosecution and a deferred judgment. In a deferred prosecution, the proceedings in a criminal case are put off for a period of time, say one year, subject to certain conditions. The typical condition is that the defendant not be charged or convicted of other crimes during this period. At the end of the time period, if all conditions have been met, the charges are dismissed. No plea of guilty or judgment of conviction is entered. If the defendant doesn't comply with the conditions of the deferred prosecution, the prosecution of the case continues and the defendant can either plead guilty or proceed to trial. With a deferred judgment, the defendant must enter a plea of guilty. The case is continued for a period of time subject to certain conditions, usually including that the defendant not be convicted of another crime. If the defendant abides by the conditions, at the end of the time period the guilty plea is considered withdrawn and no judgment of conviction or sentence is entered. While the defendant is free to say he's never been convicted of a crime, the guilty plea could have possible future ramifications. For example, deferred judgments are counted in computing a defendant's criminal history score under the federal sentencing guidelines. In addition, if the defendant violates the terms of a deferred judgment, the guilty plea is binding and the court will proceed to sentencing, without a trial. Obviously, from a defendant's standpoint a deferred prosecution is preferable to a deferred judgment. Prosecutors also offer it far less frequently. You should discuss any decision on whether to take a deferred prosecution or deferred judgment with a qualified criminal defense attorney. Lawyers.com has a free service called Lawyer Locator that can help you find a lawyer in any city and state in the United States. "

7/1/2008 4:32:34 PM

^is that from an NC based website? I know several states have DP, i read through some NC pages about it and didn't see anything similar to that.

7/1/2008 4:37:52 PM

that's accurate for nc as far as i know...deferred prosecution is almost always preferable to a trial

7/1/2008 4:41:45 PM

Quote :

"deferred prosecution is almost always preferable to a trial"

7/1/2008 6:00:13 PM

What the fuck have you gotten yourself into kiddo?

7/1/2008 6:29:20 PM

Deferred Prosecutions are ALWAYS preferred as long as you are mature enough to follow all the way through with it.

The lengths,limitations and availability vary from county to county. I practice predominately in Moore county and to get one here you have to have NO criminal record. In other counties they will let you slide.

Here typically you pay 200 community service fee and depending on the seriousness you will be supervised or unsupervised. There can be drug screens, warrantless searches, days in jail, morgue visits or any other conditons that the ADA thinks of.

At the end of a length of time 6 mos to 1 year or more for felonies.

At the end of the period, the case gets dropped like it never existed, it WILL still be on your "record" as a VD (Voluntary Dismissal)

Most places require you to admit guilt, but that would only come into play if you screw up. If you do, at your next courtdate, the judge CAN just enter a disposition OR use it as an admission against should then want to take it to trial.

In most cases, if a person is offered a DPA, they are usually insane not to take it unless you are pretty sure that your innocence case is airtight. Its just whether you want certainty that YOU are in control of your fate, as opposed to leaving it up to the judge.


Hope that helps ya. If you ever need assistance in Moore County and the surrounding areas, Holla.

J_Hovas' Bro

7/1/2008 7:43:03 PM

Quote :

"I've got a couple friendsm in some legal trouble"

7/1/2008 7:56:29 PM

^^

Crockett always got me out of my shit

7/1/2008 8:45:26 PM

haha, does everybody in moore county use crockett

[Edited on July 1, 2008 at 9:49 PM. Reason : i did ]

7/1/2008 9:48:59 PM

Haha, Crockett is an awesome guy and lawyer. Took care of me when I started down here.

He retired December of last year though

7/1/2008 10:44:29 PM

the way its been relayed to me is that a couple got caught in a wrong place wrong time situation where they had no part of the crime but were still taken in. They know they are innocent but are scared of it going to trial A.) because of higher legal fees and B.) the chance they get convicted.

i just would hate to admit guilt, or sign off on DP when you know deep down that you are personally innocent.




and to the user above, haha its really not me.

7/2/2008 2:50:32 PM

First, get an attorney.

Second, if anything is left on your record you can get it expunged...lawyers usually charge between $500 and $700 to do this. You only get one, so don't even bother if it is a minor crime.


If it is drinking, drugs, don't even worry about getting it expunged. If you were accused of theft, rape, etc., get that shit off your record.

7/3/2008 1:07:58 AM