I was placed on deferral (deferred prosecution). Can I end the period early if I complete everything?

My son is on a deferral program where he must complete 75 hours of community service and a 15 hours of drug classes. If everything is completed early, can the program be ended early?

In some counties if someone is placed on deferral, it’s done through probation. The short answer is that one of the requirements of the deferral program is that you complete the entire period without a new criminal offense. And so while getting all the requirements out of the way early is a good thing, it doesn’t necessarily mean probation or the deferral period will be shortened.

You should talk to the attorney you hired to determine whether the program can be ended early. The attorney will need to talk to the District Attorney who handled the case to try to shorten the deferral period. If the DA does not agree to end the program early, you must make sure your son stays out of trouble until the entire period passes so that he can have all the charges dismissed as originally planned.

Damon Chetson

Damon Chetson is a Board Certified Specialist in State and Federal Criminal Law. He represents people charged with serious and minor offenses in Raleigh, Wake County, and the Eastern District of North Carolina. Call (919) 352-9411.