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Motion Agreement And Order To Defer Prosecution (After Dec. 1, 2011) CR-610 - North Carolina
| Motion Agreement And Order To Defer Prosecution (After Dec. 1, 2011) Form. This is a North Carolina form and can be used in Criminal Statewide . |
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STATE OF NORTH CAROLINA County NOTE: (Applies to a Class H or I felony or a misdemeanor) File No. Seat Of Court In The General Court Of Justice District Superior Court Division Name Of Defendant Race Drivers License No. Attorney For State STATE VERSUS Sex Date Of Birth State Def. Found Not Indigent (STRUCTURED SENTENCING) (For Deferrals Entered On Or After Dec. 1, 2011) G.S. 15A-1341(a1) Appointed Ct Rptr Initials Retained MOTION/AGREEMENT AND ORDER TO DEFER PROSECUTION Def. Waived Attorney For Defendant Attorney The defendant, attorney for the defendant, and undersigned Prosecutor, request the Court to approve this Agreement to defer prosecution and place the defendant on probation on the following offense(s): File No.(s) Off. Offense Description Offense Date G.S. No. F/M CL. CONDITIONS OF AGREEMENT TO DEFER PROSECUTION 1. With approval of the Court and consent of the defendant, prosecution will be deferred by the prosecutor for the purpose of allowing the defendant to demonstrate good conduct, and subject to the conditions set out below, the defendant is placed on: (check one) unsupervised probation supervised probation for __________ months (max. of 2 years, G.S. 15A-1342(a)), as provided for a (check one) community punishment. intermediate punishment (NOTE: AOC-CR-603A, B or C, Page Two, required; select the form appropriate to the date of offense for which prosecution is deferred.). 2. The Court finds that it is NOT appropriate to delegate to the Section of Community Corrections the authority to impose any of the requirements in G.S. 15A-1343.2(e) for community punishment or G.S. 15A-1343.2(f) for intermediate punishment. 3. The Court finds that a longer shorter period of probation is necessary than that which is specified in G.S. 15A-1343.2(d). 4. The defendant shall comply with the regular conditions of probation applicable to unsupervised or supervised probation, as imposed above, and which are set forth on the following form, incorporated herein by reference: (NOTE: Select judgment form appropriate to the date of offense for which prosecution is deferred.) AOC-CR-603A AOC-CR-603B AOC-CR-603C AOC-CR-604A AOC-CR-604B AOC-CR-604C 5. The defendant shall comply with the following special conditions of probation that are set forth on the form cited in No. 4, above, and incorporated herein by reference: and/or other Special Conditions: 6. The defendant shall complete ______ hours of community service during the first days of the deferral period, as directed by the judicial service coordinator. The fee prescribed by G.S. 143B-708 is (for offenses committed on or after December 1, 2009) not due because it is assessed in a case adjudicated during the same term of court. to be paid pursuant to the schedule set out below. within ______ days of this Order and before beginning service. 7. The defendant shall pay to the Clerk of Superior Court the "Total Amount Due" below, plus the probation supervision fee if placed on supervised probation above, pursuant to a schedule determined by the probation officer. set out by the Court as follows: Costs Fine Restitution* Attorney's Fees $ $ $ $ $ $ $ $ *See attached "Restitution Worksheet, Notice And Order (Initial Sentencing)," AOC-CR-611, which is incorporated by reference. Community Service Fee EHA Fee Miscellaneous Total Amount Due 8. The Court finds just cause to waive costs, as ordered on the attached AOC-CR-618. Other: 9. The admission of responsibility given by me and any stipulation of facts shall be used against me and admitted into evidence without objection in the State's prosecution against me for this offense should prosecution become necessary as a result of these terms and conditions of deferred prosecution. 10. Regular reports will be made on my progress to the prosecutor's office. 11. The prosecutor will a. take a voluntary dismissal with leave upon the Court's approval of this Agreement, and a voluntary dismissal upon the defendant's compliance with this Agreement. b. take a voluntary dismissal upon the defendant's compliance with this Agreement. Material opposite unmarked squares is to be disregarded as surplusage. (Over) American LegalNet, Inc. www.FormsWorkFlow.com . AOC-CR-610, Rev. 12/12 © 2012 Administrative Office of the Courts DEFENDANT'S OATH/AGREEMENT/MOTION The defendant after being duly sworn, states under oath: 1. I have not been previously convicted of any felony or of any misdemeanor involving moral turpitude. 2. I have not been previously placed on probation. 3. I hereby waive all of my rights to a speedy trial under the constitution and laws of the State of North Carolina and the United States of America with regard to the above listed charge(s). 4. I have reviewed a copy of this Motion/Agreement And Order To Defer Prosecution and all of the conditions of my probation and I agree to them, and request the Court to approve the agreement. 5. I understand that no person who supervises me or for whom I work while performing community or reparation service is liable to me for any loss or damage which I may sustain unless my injury is caused by that person's gross negligence or intentional wrongdoing. Date SWORN AND SUBSCRIBED TO BEFORE ME Signature Date Signature Of Defendant (under oath) Deputy CSC District Court Judge Assistant CSC Superior Court Judge Clerk Of Superior Court ATTORNEYS' CERTIFICATION/AGREEMENT/MOTION The undersigned attorneys certify to the Court that 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 and the undersigned request the Court to approve the agreement. Date Signature Of Lawyer For Defendant Signature Of Prosecutor FINDINGS Based upon the foregoing and a review of the record, the Court finds: 1. 2. 3. 4. 5. 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 good conduct. Each known victim of the crime has been notified of the motion to defer prosecution and place the defendant on probation and has been given an opportunity to be heard. The defendant has not been convicted of any felony or of any misdemeanor involving moral turpitude. The defendant has not previously been placed on probation and so states under oath. The defendant is unlikely to commit another offense other than a Class 3 misdemeanor. ORDER THE COURT HAVING CONSIDERED the Motion and
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