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Deferred Prosecution Violation

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  • 08-11-2012, 06:38 AM
    Tarheel14
    Deferred Prosecution Violation
    My question involves criminal law for the state of: north carolina and maryland.

    In November of 2011, I was charged with possession of a fake ID in north carolina, where I go to school. I was placed in the deferred prosecution program and told to do 24 hours of community service, pay court fees, and not to have any criminal charges against me within 6 months. However, my court date is not.until roughly 7.5 months after the incident, as I'm an out of state student and could not return during the summer. So, I have not yet proved to the state of North Carolina that I have completed their requirements.

    Last night, I was giving a minor in possession of alcohol ticket in the state of Maryland. Research I've down says this is a civil offense. The officer also said it wouldn't affect my north carolina deferred prosecution, but obviously he is no lawyer. Will my deferred prosecution in north Carolina now be void?
  • 08-11-2012, 07:18 AM
    PTPD22
    Re: Deferred Prosecution Violation
    The answer depends on two points...1) whether NC even finds out about this violation, and 2) whether NC (should they find out) consider this a "criminal violation" and, therefore, a violation of your deferment.

    I have no idea whether either NC or MD considers MIP a criminal violation (as opposed to a strictly civil violation). You say that it is civil in MD, so we'll go with that. That being the case, it might not show on a criminal record check in NC. So, if the prosecutor doesn't dig too hard, it might not even come up in your NC court hearing.

    If they do find out about it, then it depends on whether they consider it a deferment violation. They may accept it as a civil infraction and, therefore, not a criminal violation. On the other hand, there may be wording in your deferment agreement to the effect of "no criminal violations in this state or offenses committed outside this state that would constitute a criminal violation if committed in this state." If there is, and MIP is a criminal offense in NC, then it would be a violation of your deferment.

    Your best bet would be to ask the attorney that represented you in NC on your fake ID charge.
  • 08-11-2012, 07:23 AM
    Tarheel14
    Re: Deferred Prosecution Violation
    The exact wording on the agreement is "I will not commit any criminal offense, other than minor traffic offenses." Would this mean this is not a deferment violation?
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