In North Carolina state court, a deferral agreement is an agreement with the State to defer prosecuting you with the intent to dismiss the charges upon completion of a certain set of conditions.
Deferral agreements are not available for all charges. For example, a person charged with driving while intoxicated is not eligible to enter into an deferral agreement. However, a person who has been charged for the first time with possessing less than a half ounce of marijuana will likely be eligible to enter into the 90-96 program.
The 90-96 program allows a defendant to take a series of classes to earn a dismissal. Upon successful completion of the program and payment of fees, the assistant district attorney will dismiss the charge.
In Wake County, the First Offender’s Program allows defendants accused of certain offenses to complete a set amount of community service to earn a dismissal. Upon successful completion of the community service hours, the State will dismiss the charge.
As aforementioned, not all charges qualify for the 90-96 or First Offender’s Program. Also, if you have previous convictions, charges, or pending charges, you may not be eligible. Your defense lawyer will guide you further on your eligibility.
The criminal defense lawyers at Guirguis Law can advise you on whether you are eligible for a deferral program. Contact us at (919) 832-0500 for a free consultation on your misdemeanor charge in Raleigh or Durham.