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, 9:09 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.
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 13th 2006, 11:19 am
#3
Guest
Posts: n/a
Re: What's the Difference between Pretrial Intervention and Deferred
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I completely agree with Folinskyinla - get a competent immigration
attorney with experience in criminal matters and analyze your specific
situation. Do it as early as you can, before any court action.
Also be aware that a conviction for immigration purposes may be
different from a conviction in the context of criminal law. Often, an
admission of guilt is considered a conviction for immigration purposes.
You'd have to ask an attorney, but it seems to me that with this rule, a
Prayer for Judgment, Pre-Trial Intervention, Deferred Judgment and
Withheld Adjudication may all count as convictions for immigration law
purposes.
Basically, as a rule of thumb for immigration purposes, in order to be
safe, you'd have to actually be found innocent, rather than merely not
guilty.
n400_j wrote:
> 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.
>
- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.
NOTICE: Due to Presidential Executive Orders, the National Security
Agency may have read this email without warning, warrant, or notice.
They may do this without any judicial or legislative oversight. You
have no recourse nor protection save to call for the impeachment of
the current President.
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I completely agree with Folinskyinla - get a competent immigration
attorney with experience in criminal matters and analyze your specific
situation. Do it as early as you can, before any court action.
Also be aware that a conviction for immigration purposes may be
different from a conviction in the context of criminal law. Often, an
admission of guilt is considered a conviction for immigration purposes.
You'd have to ask an attorney, but it seems to me that with this rule, a
Prayer for Judgment, Pre-Trial Intervention, Deferred Judgment and
Withheld Adjudication may all count as convictions for immigration law
purposes.
Basically, as a rule of thumb for immigration purposes, in order to be
safe, you'd have to actually be found innocent, rather than merely not
guilty.
n400_j wrote:
> 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.
>
- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.
NOTICE: Due to Presidential Executive Orders, the National Security
Agency may have read this email without warning, warrant, or notice.
They may do this without any judicial or legislative oversight. You
have no recourse nor protection save to call for the impeachment of
the current President.
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