Legal Question in Criminal Law in West Virginia

Re: Deffered Prosicution removal with out hearing or due process??

You need to refer these questions to your own attorney first, since he knows your case better than anyone. As a general matter, however, deferred prosecution agreements are a great blessing for the defendant and only rarely used by the government. They recognize that the defendant to whom they are offered is essentially a good person and not deserving of the rough treatment often administered by our justice system for the act(s) in question. Persons with mental illness often fit into this category, since the illness sometimes interferes with their judgment and ability to tell right from wrong and similar problems can easily be avoided through compliance with medications and counseling prescribed by the doctor or psychologist. DPA's avoid the expense and trouble of defending a case in court where your freedom is literally at stake, to say nothing of extreme stress and life changing impact of a criminal conviction. The term "agreement" means that they are voluntary for both sides--nobody can be forced to accept one, including you. You can always opt to take your chances through the formal justice system in court by rejecting the agreement. However, our justice system is far from perfect, even if well intended; and there is always a risk of wrongful conviction. Innocent persons are routinely convicted and punished and, in some states, even put to death. Justice (or, more correctly, our best attempt at justice), is sometimes administered by an overburdened system which may essentially held together by not much more than "staples and bubblegum" in some locations.