Legal Question in Criminal Law in North Carolina

In 2005 I was put on deferred prosecution probation for 12 months. About 3 months in my po violated me and i was arrested and released.I Was not given a court date,no hearing,no nothing.Skip ahead 10 yrs....the charges from the deferred prosecution are still pending on my record.I know through my research that the state of nc has lost jurisdiction in my case.(the deferred prosecution is expired,the probation is expired,there is no vop on file) My question is can i have the pending charges put back on the docket and have them dismissed? Will the state dismiss and will they need to use form AOC-622?


Asked on 3/18/16, 12:49 pm

1 Answer from Attorneys

This sounds like an administrative error - if so, your research is likely wrong based on the information you provided. If you were violated, the deferred prosecution / probation likely was or should have been revoked, if so it didn't 'expire'. Which means the original sentence should have been activated. If you have not done the original sentence, that doesn't expire and North Carolina's jurisdiction would still be pretty much in your face to make you complete that original sentence. As to your question, no you can not have the issue put back on the docket or dismissed - only an DA or ADA has that authority nor would a form AOC-622 likely be applicable if the deferred prosecution / probation was in fact revoked. However, again an AOC-622 is an official administrative from not for public use You should hire an experienced criminal attorney in the county this is in and have it resolved properly. It is possible the state may just dismiss everything but if you go poking about yourself - you could end up serving that original sentence.

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Answered on 3/19/16, 9:05 am


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