Am I Eligible for Deferred Prosecution in North Carolina?

Some individuals who have been charged with a crime in North Carolina have the option of deferred prosecution. Agreeing to a deferred prosecution has several advantages, mainly that the charges will be dismissed if you complete the requirements outlined by the court. There are two types of deferred prosecution in North Carolina: formal and informal.

By agreeing to a deferred prosecution, you are essentially signing a contract between yourself and the state of North Carolina, saying that you will agree to complete certain items, such as community service. In exchange, the state will voluntarily dismiss all of the legal actions against you after you complete all the terms of the agreement.

If you have been offered a deferred prosecution, you may wonder whether it is in your best interest to accept it. The best way to learn more about your legal options and make an informed decision is to speak to an experienced criminal defense attorney. At Arnold & Smith, PLLC, our attorneys have the experience and knowledge to fight for your legal rights and pursue the best option possible by aggressively negotiating with the prosecution in your case.

Informal deferred prosecution refers to an agreement between a defendant and the prosecutor to complete tasks set forth by the prosecutor in exchange for the dismissal of the case. These agreements are usually between the prosecuting attorney and the defendant's attorney. They normally do not end up before a judge formally but are agreed to by the parties more informally.

The prosecutor agrees to give the defendant time to complete the necessary tasks before taking the charges to court. There is an explicit agreement between the prosecutor and the defense attorney that when the tasks are done, the state will dismiss the charges, noting that the defendant complied with their requests.

As the name implies, formal deferred prosecutions are different. There are multiple types of formal deferments, including the well-known and mandatory 90-96 deferment. They can also include the lesser known and not mandatory 15A deferred prosecution. Although the nuances of these types of deferments vary, they all have one thing in common. They are executed contracts, signed and completed in writing in front of a judge.

They are not informal agreements made outside of court. Additionally, they require the defendant to admit fault or allocate. If you have been presented with a formal deferment offer, it is important to understand that although your case will be dismissed if you can fly with all their requirements, an allocation can still be used against you for other purposes. You will need to admit fault allocation.

If you are deciding whether to accept an informal or formal deferment, there are several factors you should consider. Even in the best cases, when the law and the facts are in your favor, it is always possible that a judge will make the wrong decision and rule against you. Unfortunately, innocent people are convicted frequently. If you agree to a deferred prosecution, you can rest easier knowing that after you complete the tasks assigned to you, your case will be dismissed, and you will not have to serve jail time or pay fines.

On the other hand, deferred prosecution may not be the best option in your case. You may decide that there is significant evidence in your favor and that it is better to proceed to trial, where you can show that you are not guilty. There may be other options that are better, such as your attorney negotiating aggressively with the prosecution to simply dismiss the charges against you without a deferment.

Choosing whether or not to accept a deferment can be challenging, and it should not be done without the help of a skilled defense attorney. Many factors go into the decision, including whether you are even eligible for one.

When you work with the attorneys at Arnold & Smith, PLLC, you can rest assured that we will carefully review your case and use our legal knowledge and experience to answer any questions. We understand what is at stake when you are facing criminal charges, and we will provide you with effective legal counsel tailored to your goals. Whether you decide to accept a deferment or not, we will continue fighting for the best outcome in your case. Contact Arnold & Smith, PLLC, to schedule a complimentary case evaluation.