What's the Difference between Pretrial Intervention and Deferred Judgment
Feb 12th 2006, 3:46 pm
#1
Guest
Posts: n/a
What's the Difference between Pretrial Intervention and Deferred Judgment
What's exactly the difference between Pretrial Intervention, Deferred
Judgment, Prayer for Judgment. Looks like all same to me.
Prayer for Judgment - Non-conviction: Deferred Prosecution, meaning
state did not prosecute. Often seen in North Carolina. For example,
with worthless checks it gives the defendant a chance to pay the check
before being charged.
Pre-Trial Intervention - Non-conviction: A program the defendant is
placed in before going to trial. If the defendant complies prior to
trial time, the trial will not be held for the charge and the defendant
is not convicted.
Deferred Judgment - Non-conviction: The defendant has no finding of
guilt. The judgment is set-aside for a deferred amount of time and the
defendant must comply with any conditions give to him/her. The case can
be dismissed depending on the county/state if defendant completes all
requirements.
Adjudication Withheld - Non-conviction: The court does not give a final
judgment regarding the case. The defendant is given probation, a
program or community service in which they have a specified amount of
time to complete. If the defendant complies, the case may be dismissed,
depending on the county/state. If they do not dismiss in that
particular county/state, then the disposition remains adjudication
withheld and the case is closed. However, if the defendant is found in
violation, the case disposition may be changed and the defendant can be
found in guilt.
Judgment, Prayer for Judgment. Looks like all same to me.
Prayer for Judgment - Non-conviction: Deferred Prosecution, meaning
state did not prosecute. Often seen in North Carolina. For example,
with worthless checks it gives the defendant a chance to pay the check
before being charged.
Pre-Trial Intervention - Non-conviction: A program the defendant is
placed in before going to trial. If the defendant complies prior to
trial time, the trial will not be held for the charge and the defendant
is not convicted.
Deferred Judgment - Non-conviction: The defendant has no finding of
guilt. The judgment is set-aside for a deferred amount of time and the
defendant must comply with any conditions give to him/her. The case can
be dismissed depending on the county/state if defendant completes all
requirements.
Adjudication Withheld - Non-conviction: The court does not give a final
judgment regarding the case. The defendant is given probation, a
program or community service in which they have a specified amount of
time to complete. If the defendant complies, the case may be dismissed,
depending on the county/state. If they do not dismiss in that
particular county/state, then the disposition remains adjudication
withheld and the case is closed. However, if the defendant is found in
violation, the case disposition may be changed and the defendant can be
found in guilt.
Feb 12th 2006, 9:13 pm
#2
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: What's the Difference between Pretrial Intervention and Deferred Judgment
Originally Posted by N400_j
What's exactly the difference between Pretrial Intervention, Deferred
Judgment, Prayer for Judgment. Looks like all same to me.
Prayer for Judgment - Non-conviction: Deferred Prosecution, meaning
state did not prosecute. Often seen in North Carolina. For example,
with worthless checks it gives the defendant a chance to pay the check
before being charged.
Pre-Trial Intervention - Non-conviction: A program the defendant is
placed in before going to trial. If the defendant complies prior to
trial time, the trial will not be held for the charge and the defendant
is not convicted.
Deferred Judgment - Non-conviction: The defendant has no finding of
guilt. The judgment is set-aside for a deferred amount of time and the
defendant must comply with any conditions give to him/her. The case can
be dismissed depending on the county/state if defendant completes all
requirements.
Adjudication Withheld - Non-conviction: The court does not give a final
judgment regarding the case. The defendant is given probation, a
program or community service in which they have a specified amount of
time to complete. If the defendant complies, the case may be dismissed,
depending on the county/state. If they do not dismiss in that
particular county/state, then the disposition remains adjudication
withheld and the case is closed. However, if the defendant is found in
violation, the case disposition may be changed and the defendant can be
found in guilt.
Judgment, Prayer for Judgment. Looks like all same to me.
Prayer for Judgment - Non-conviction: Deferred Prosecution, meaning
state did not prosecute. Often seen in North Carolina. For example,
with worthless checks it gives the defendant a chance to pay the check
before being charged.
Pre-Trial Intervention - Non-conviction: A program the defendant is
placed in before going to trial. If the defendant complies prior to
trial time, the trial will not be held for the charge and the defendant
is not convicted.
Deferred Judgment - Non-conviction: The defendant has no finding of
guilt. The judgment is set-aside for a deferred amount of time and the
defendant must comply with any conditions give to him/her. The case can
be dismissed depending on the county/state if defendant completes all
requirements.
Adjudication Withheld - Non-conviction: The court does not give a final
judgment regarding the case. The defendant is given probation, a
program or community service in which they have a specified amount of
time to complete. If the defendant complies, the case may be dismissed,
depending on the county/state. If they do not dismiss in that
particular county/state, then the disposition remains adjudication
withheld and the case is closed. However, if the defendant is found in
violation, the case disposition may be changed and the defendant can be
found in guilt.
Cross posting on a LEGAL question doesn't help. Hire that lawyer to get a detailed opinion!
You are asking questions which exist in the grey extremely murky area of immigration law. Each state has its own procedures. The Immigration & Nationality Act has a defintion of "conviction." To top it off, there is a conflict of the Circuits on when a "conviction" exists. For example, there is a guy named "Renteria" who was convicted in New Jersey, under the BIA's "Pickering" case, he does not have a "conviction." However, he was detained in Oakdale, Louisiana where the removal proceedings were held. Under 5th Circuit law, he is an "aggravated felon."
Bottom line, hire an attorney who can examine your case situation carefully. This is NOT the type of question that can be answered by perusing the internet or generalized newsgroups.
This is a LEGAL question.
Feb 12th 2006, 10:23 pm
#3
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: What's the Difference between Pretrial Intervention and Deferred Judgment
Originally Posted by N400_j
What's exactly the difference between Pretrial Intervention, Deferred
Judgment, Prayer for Judgment. Looks like all same to me.
Prayer for Judgment - Non-conviction: Deferred Prosecution, meaning
state did not prosecute. Often seen in North Carolina. For example,
with worthless checks it gives the defendant a chance to pay the check
before being charged.
Pre-Trial Intervention - Non-conviction: A program the defendant is
placed in before going to trial. If the defendant complies prior to
trial time, the trial will not be held for the charge and the defendant
is not convicted.
Deferred Judgment - Non-conviction: The defendant has no finding of
guilt. The judgment is set-aside for a deferred amount of time and the
defendant must comply with any conditions give to him/her. The case can
be dismissed depending on the county/state if defendant completes all
requirements.
Adjudication Withheld - Non-conviction: The court does not give a final
judgment regarding the case. The defendant is given probation, a
program or community service in which they have a specified amount of
time to complete. If the defendant complies, the case may be dismissed,
depending on the county/state. If they do not dismiss in that
particular county/state, then the disposition remains adjudication
withheld and the case is closed. However, if the defendant is found in
violation, the case disposition may be changed and the defendant can be
found in guilt.
Judgment, Prayer for Judgment. Looks like all same to me.
Prayer for Judgment - Non-conviction: Deferred Prosecution, meaning
state did not prosecute. Often seen in North Carolina. For example,
with worthless checks it gives the defendant a chance to pay the check
before being charged.
Pre-Trial Intervention - Non-conviction: A program the defendant is
placed in before going to trial. If the defendant complies prior to
trial time, the trial will not be held for the charge and the defendant
is not convicted.
Deferred Judgment - Non-conviction: The defendant has no finding of
guilt. The judgment is set-aside for a deferred amount of time and the
defendant must comply with any conditions give to him/her. The case can
be dismissed depending on the county/state if defendant completes all
requirements.
Adjudication Withheld - Non-conviction: The court does not give a final
judgment regarding the case. The defendant is given probation, a
program or community service in which they have a specified amount of
time to complete. If the defendant complies, the case may be dismissed,
depending on the county/state. If they do not dismiss in that
particular county/state, then the disposition remains adjudication
withheld and the case is closed. However, if the defendant is found in
violation, the case disposition may be changed and the defendant can be
found in guilt.
BTW, in re-reading your question, you live out the crucial question -- what happens if you don't comply with the conditions imposed by the court?
Feb 12th 2006, 11:50 pm
#4
Guest
Posts: n/a
Re: What's the Difference between Pretrial Intervention and Deferred Judgment
I didn't add that because I did comply with the all conditions and
complete my change program within 6 months and got case dismissed
complete my change program within 6 months and got case dismissed
Feb 13th 2006, 4:58 am
#5
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: What's the Difference between Pretrial Intervention and Deferred Judgment
Originally Posted by N400_j
I didn't add that because I did comply with the all conditions and
complete my change program within 6 months and got case dismissed
complete my change program within 6 months and got case dismissed
OK, you have now explained WHY you didn't give that information. But what is the answer to the question posed? What would have happened if you had NOT complied with the condtitions? Do you even know?
You have to consult with an attorney on this and be as forthcoming as you can with the facts.
