What Happens When You Violate A Deferred Judgment?

Before, we’ve talked about what happens if you’ve successfully completed your deferred sentence. So now you may wonder what happens if you violate a deferred sentence. Continue reading to learn more.

If you have further questions or would like help with your case, contact a criminal defense attorney from McMinn, Logan & Gray.

What’s up, guys? Attorney Derek Gray here at McMinn, Logan & Gray. We are a criminal law firm located here in Winston Salem, North Carolina, and this is our FAQ series.

So today’s topic is actually going to piggyback off of a previous question I had, which dealt with deferred prosecutions, deferred judgments, or deferred sentences. And that question is: what happens if you violate your deferred sentence or your deferred judgment?

Again, we go to the statute that is invoked by these actual conditions or these scenarios, specifically for drugs, 90-96. And for your generalized crimes, it’s going to be 15A-1341 (a4). And so we talked about the types of conditions and what the outcome could be if you successfully complete your deferred judgment or your deferred sentence.

However, on the flip side of that, if you do not successfully complete those conditions, or if you pick up a new criminal charge in the process, then judgment will be entered against you.

This means that you will, in fact, have a criminal record; you’re not going to have an opportunity for trial. Because previously, when you entered into this agreement, you’ve waived that, and you’ve gone ahead and entered an actual guilty plea. And the judge will discharge that plea if you successfully complete it. But if you do not, and you violate, they’ll go ahead and enter judgment.

This means you’ll have a criminal record. If it’s a felony, that was the underlying charge, you will be a convicted felon. And a lot of times, the judge will actually give you the same conditions on your probation that you will have to complete on your deferred sentence.

So for me, as an attorney, my job is to try to get you this opportunity to keep your record clean. It’s going to be up to you to control your own destiny as to whether or not you complete the conditions or not pick up any more criminal charges.

If you yourself have some sort of deferred prosecution violation or you think you may have violated your deferred judgment, please don’t hesitate to reach out to me. I’ve dealt with this situation on numerous occasions. I’d love to talk to you and see if I may be able to help you out. Guys, until then, you take care and be safe.

Have more questions? Need legal representation? Contact a criminal defense attorney from McMinn, Logan & Gray. Call us today to schedule a free case review.

Additional resources:

Author Bio

Derek M. Gray

Derek Gray is a Partner of McMinn, Logan & Gray, a North Carolina criminal defense law firm. With more than 15 years of experience in criminal defense, he has zealously represented clients in various legal matters, including DUIs, misdemeanors, felonies, domestic violence, and other criminal charges.

Derek received his Juris Doctor from the North Carolina Central School of Law in 2007 and is a member of the North Carolina State Bar Association. With his experience as a former Assistant District Attorney, he has represented more than 1,000 criminal defense clients in North Carolina and received more than 100 5-star Google ratings.

Justia | State Bar Association| Google