What does Dismissal- Defferred Prosecution?
Full Question:
Answer:
The following are North Carolina statutes:
§ 14-90. Embezzlement of property received by virtue of office or
employment.
If any person exercising a public trust or holding a public office, or
any guardian, administrator, executor, trustee, or any receiver, or any
other fiduciary, or any officer or agent of a corporation, or any agent,
consignee, clerk, bailee or servant, except persons under the age of 16
years, of any person, shall embezzle or fraudulently or knowingly and
willfully misapply or convert to his own use, or shall take, make away
with or secrete, with intent to embezzle or fraudulently or knowingly and
willfully misapply or convert to his own use any money, goods or other
chattels, bank note, check or order for the payment of money issued by or
drawn on any bank or other corporation, or any treasury warrant, treasury
note, bond or obligation for the payment of money issued by the United
States or by any state, or any other valuable security whatsoever
belonging to any other person or corporation, unincorporated association
or organization which shall have come into his possession or under his
care, he shall be guilty of a felony. If the value of the property is one
hundred thousand dollars ($100,000) or more, the person is guilty of a
Class C felony. If the value of the property is less than one hundred
thousand dollars ($100,000), the person is guilty of a Class H felony.
§ 15A-1341. Probation generally.
(a) Use of Probation. — Unless specifically prohibited, a person who
has been convicted of any criminal offense may be placed on probation as
provided by this Article if the class of offense of which the person is
convicted and the person's prior record or conviction level under Article
81B of this Chapter authorizes a community or intermediate punishment as
a type of sentence disposition or if the person is convicted of impaired
driving under G.S. 20-138.1.
(a1) Deferred Prosecution. — A person who has been charged with a Class
H or I felony or a misdemeanor may be placed on probation as provided in
this Article on motion of the defendant and the prosecutor if the court
finds each of the following facts:
(1) Prosecution has been deferred by the prosecutor pursuant to written
agreement with the defendant, with the approval of the court, for the
purpose of allowing the defendant to demonstrate his good conduct.
(2) Each known victim of the crime has been notified of the motion for
probation by subpoena or certified mail and has been given an opportunity
to be heard.
(3) The defendant has not been convicted of any felony or of any
misdemeanor involving moral turpitude.
(4) The defendant has not previously been placed on probation and so
states under oath.
(5) The defendant is unlikely to commit another offense other than a
Class 3 misdemeanor.
(a2) Deferred Prosecution for Purpose of Drug Treatment Court Program.
— A defendant eligible for a Drug Treatment Court Program pursuant to
Article 62 of Chapter 7A of the General Statutes may be placed on
probation if the court finds that prosecution has been deferred by the
prosecutor, with the approval of the court, pursuant to a written
agreement with the defendant, for the purpose of allowing the defendant
to participate in and successfully complete the Drug Treatment Court
Program.
(b) Supervised and Unsupervised Probation. — The court may place a
person on supervised or unsupervised probation. A person on unsupervised
probation is subject to all incidents of probation except supervision by
or assignment to a probation officer.
(c) Repealed by Session Laws 1995, c. 429, s. 1.
(d) Search of Sex Offender Registration Information Required When
Placing a Defendant on Probation. — When the court places a defendant on
probation, the probation officer assigned to the defendant shall conduct a
search of the defendant's name or other identifying information against
the registration information regarding sex offenders compiled by the
Division of Criminal Statistics of the Department of Justice in
accordance with Article 27A of Chapter 14 of the General Statutes. The
probation officer may conduct the search using the Internet site
maintained by the Division of Criminal Statistics.
§ 15A-932. Dismissal with leave when defendant fails to appear and cannot
be readily found or pursuant to a deferred prosecution agreement.
(a) The prosecutor may enter a dismissal with leave for nonappearance
when a defendant:
(1) Cannot be readily found to be served with an order for arrest after
the grand jury had indicted him; or
(2) Fails to appear at a criminal proceeding at which his attendance is
required, and the prosecutor believes the defendant cannot be readily
found.
(a1) The prosecutor may enter a dismissal with leave pursuant to a
deferred prosecution agreement entered into in accordance with the
provisions of Article 82 of this Chapter.
(b) Dismissal with leave for nonappearance or pursuant to a deferred
prosecution agreement results in removal of the case from the docket of
the court, but all process outstanding retains its validity, and all
necessary actions to apprehend the defendant, investigate the case, or
otherwise further its prosecution may be taken, including the issuance of
nontestimonial identification orders, search warrants, new process,
initiation of extradition proceedings, and the like.
(c) The prosecutor may enter the dismissal with leave for nonappearance
or pursuant to a deferred prosecution agreement orally in open court or
by filing the dismissal in writing with the clerk. If the dismissal for
nonappearance or pursuant to a deferred prosecution agreement is entered
orally, the clerk must note the nature of the dismissal in the case
records.
(d) Upon apprehension of the defendant, or in the discretion of the
prosecutor when he believes apprehension is imminent, the prosecutor may
reinstitute the proceedings by filing written notice with the clerk.
(e) If the defendant fails to comply with the terms of a deferred
prosecution agreement, the prosecutor may reinstitute the proceedings by
filing written notice with the clerk.
§ 15A-931. Voluntary dismissal of criminal charges by the State.
(a) Except as provided in G.S. 20-138.4, the prosecutor may dismiss any
charges stated in a criminal pleading including those deferred for
prosecution by entering an oral dismissal in open court before or during
the trial, or by filing a written dismissal with the clerk at any time.
The clerk must record the dismissal entered by the prosecutor and note in
the case file whether a jury has been impaneled or evidence has been
introduced.
(a1) Unless the defendant or the defendant's attorney has been notified
otherwise by the prosecutor, a written dismissal of the charges against
the defendant filed by the prosecutor shall be served in the same manner
prescribed for motions under G.S. 15A-951. In addition, the written
dismissal shall also be served on the chief officer of the custodial
facility when the record reflects that the defendant is in custody.
(b) No statute of limitations is tolled by charges which have been
dismissed pursuant to this section.
The following are North Carolina statutes:
§ 14-90. Embezzlement of property received by virtue of office or
employment.
If any person exercising a public trust or holding a public office, or
any guardian, administrator, executor, trustee, or any receiver, or any
other fiduciary, or any officer or agent of a corporation, or any agent,
consignee, clerk, bailee or servant, except persons under the age of 16
years, of any person, shall embezzle or fraudulently or knowingly and
willfully misapply or convert to his own use, or shall take, make away
with or secrete, with intent to embezzle or fraudulently or knowingly and
willfully misapply or convert to his own use any money, goods or other
chattels, bank note, check or order for the payment of money issued by or
drawn on any bank or other corporation, or any treasury warrant, treasury
note, bond or obligation for the payment of money issued by the United
States or by any state, or any other valuable security whatsoever
belonging to any other person or corporation, unincorporated association
or organization which shall have come into his possession or under his
care, he shall be guilty of a felony. If the value of the property is one
hundred thousand dollars ($100,000) or more, the person is guilty of a
Class C felony. If the value of the property is less than one hundred
thousand dollars ($100,000), the person is guilty of a Class H felony.
§ 15A-1341. Probation generally.
(a) Use of Probation. — Unless specifically prohibited, a person who
has been convicted of any criminal offense may be placed on probation as
provided by this Article if the class of offense of which the person is
convicted and the person's prior record or conviction level under Article
81B of this Chapter authorizes a community or intermediate punishment as
a type of sentence disposition or if the person is convicted of impaired
driving under G.S. 20-138.1.
(a1) Deferred Prosecution. — A person who has been charged with a Class
H or I felony or a misdemeanor may be placed on probation as provided in
this Article on motion of the defendant and the prosecutor if the court
finds each of the following facts:
(1) Prosecution has been deferred by the prosecutor pursuant to written
agreement with the defendant, with the approval of the court, for the
purpose of allowing the defendant to demonstrate his good conduct.
.(2) Each known victim of the crime has been notified of the motion for
probation by subpoena or certified mail and has been given an opportunity
to be heard
(3) The defendant has not been convicted of any felony or of any
misdemeanor involving moral turpitude.
(4) The defendant has not previously been placed on probation and so
states under oath.
(5) The defendant is unlikely to commit another offense other than a
Class 3 misdemeanor.
(a2) Deferred Prosecution for Purpose of Drug Treatment Court Program.
— A defendant eligible for a Drug Treatment Court Program pursuant to
Article 62 of Chapter 7A of the General Statutes may be placed on
probation if the court finds that prosecution has been deferred by the
prosecutor, with the approval of the court, pursuant to a written
agreement with the defendant, for the purpose of allowing the defendant
to participate in and successfully complete the Drug Treatment Court
Program.
(b) Supervised and Unsupervised Probation. — The court may place a
person on supervised or unsupervised probation. A person on unsupervised
probation is subject to all incidents of probation except supervision by
or assignment to a probation officer.
(c) Repealed by Session Laws 1995, c. 429, s. 1.
(d) Search of Sex Offender Registration Information Required When
Placing a Defendant on Probation. — When the court places a defendant on
probation, the probation officer assigned to the defendant shall conduct a
search of the defendant's name or other identifying information against
the registration information regarding sex offenders compiled by the
Division of Criminal Statistics of the Department of Justice in
accordance with Article 27A of Chapter 14 of the General Statutes. The
probation officer may conduct the search using the Internet site
maintained by the Division of Criminal Statistics.
§ 15A-932. Dismissal with leave when defendant fails to appear and cannot
be readily found or pursuant to a deferred prosecution agreement.
(a) The prosecutor may enter a dismissal with leave for nonappearance
when a defendant:
(1) Cannot be readily found to be served with an order for arrest after
the grand jury had indicted him; or
(2) Fails to appear at a criminal proceeding at which his attendance is
required, and the prosecutor believes the defendant cannot be readily
found.
(a1) The prosecutor may enter a dismissal with leave pursuant to a
deferred prosecution agreement entered into in accordance with the
provisions of Article 82 of this Chapter.
(b) Dismissal with leave for nonappearance or pursuant to a deferred
prosecution agreement results in removal of the case from the docket of
the court, but all process outstanding retains its validity, and all
necessary actions to apprehend the defendant, investigate the case, or
otherwise further its prosecution may be taken, including the issuance of
nontestimonial identification orders, search warrants, new process,
initiation of extradition proceedings, and the like.
(c) The prosecutor may enter the dismissal with leave for nonappearance
or pursuant to a deferred prosecution agreement orally in open court or
by filing the dismissal in writing with the clerk. If the dismissal for
nonappearance or pursuant to a deferred prosecution agreement is entered
orally, the clerk must note the nature of the dismissal in the case
records.
(d) Upon apprehension of the defendant, or in the discretion of the
prosecutor when he believes apprehension is imminent, the prosecutor may
reinstitute the proceedings by filing written notice with the clerk.
(e) If the defendant fails to comply with the terms of a deferred
prosecution agreement, the prosecutor may reinstitute the proceedings by
filing written notice with the clerk.
§ 15A-931. Voluntary dismissal of criminal charges by the State.
(a) Except as provided in G.S. 20-138.4, the prosecutor may dismiss any
charges stated in a criminal pleading including those deferred for
prosecution by entering an oral dismissal in open court before or during
the trial, or by filing a written dismissal with the clerk at any time.
The clerk must record the dismissal entered by the prosecutor and note in
the case file whether a jury has been impaneled or evidence has been
introduced.
(a1) Unless the defendant or the defendant's attorney has been notified
otherwise by the prosecutor, a written dismissal of the charges against
the defendant filed by the prosecutor shall be served in the same manner
prescribed for motions under G.S. 15A-951. In addition, the written
dismissal shall also be served on the chief officer of the custodial
facility when the record reflects that the defendant is in custody.
(b) No statute of limitations is tolled by charges which have been.
dismissed pursuant to this section.