Motion/Agreement and Order to Defer Prosecution (Structured Sentencing): This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.
Charlotte North Carolina Motion — Agreement and Order to Defer Prosecution — Structured Sentencing is a legal process used in the criminal justice system. It refers to a specific agreement and court order in Charlotte, North Carolina, that allows certain individuals charged with criminal offenses to defer their prosecution and potentially avoid a criminal conviction. This motion is typically applicable to non-violent offenders, particularly those charged with first-time offenses, where the prosecution and the defendant enter into an agreement. The objective of this arrangement is to provide the defendant an opportunity to rehabilitate themselves and avoid a permanent criminal record. The process begins with the defendant and their attorney submitting a motion to the court, requesting the court's approval to defer the prosecution. The defendant must fulfill certain eligibility criteria, including having no prior criminal record, the offense being non-violent, and the willingness to admit guilt. The court will assess the motion based on factors such as the seriousness of the offense, the defendant's criminal history, and whether deferring prosecution is in the best interest of justice. If the court approves the motion, the defendant and the prosecution will negotiate and submit an Agreement to Defer Prosecution. This agreement outlines specific conditions that the defendant must adhere to during the deferral period, which typically lasts for a predetermined period, such as six months or a year. The conditions may include participating in mandatory counseling or treatment programs, paying restitution, maintaining employment or education, and refraining from further criminal activity. Once the defendant and the prosecution reach an agreement and submit it to the court, the court will issue an Order to Defer Prosecution, officially deferring the criminal case. This Order serves as a contract between the defendant and the court, outlining the terms and conditions of the deferral. The defendant must strictly comply with these terms; any violation may result in the termination of the deferral agreement, leading to the prosecution of the original charges. Structured Sentencing is an essential component of this motion, referring to a specific method of determining a defendant's punishment based on the severity of the offense committed and the defendant's criminal history. It involves a predetermined range of sentencing options, including probation, community service, restitution, treatment programs, and sometimes even incarceration for more serious offenses or repeated violations of the deferral agreement. It is crucial to note that there may be different types or variations of this motion within the Charlotte North Carolina legal system. However, the overall objective remains the same, promoting rehabilitation, and giving non-violent first-time offenders a chance to rectify their actions and avoid a permanent criminal record.
