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What is the procedure for determining eligibility in Deferred Prosecution after the DA has initially agreed and first interview?

Charlotte, NC |

I have been on a common antidepressant medication millions of Americans take for about 20 years. I decided to change to another, feeling the first was loosing efficacy. Without thinking, I missed a few doses, and ultimately had a very public tantrum in a hospital waiting room that resulted in assault charges against me by hospital guards. I was placed into the hospital mental unit for 8 days. The doctor there wrote a note explaining my outburst was due to meds. That doesn't make it right of course, the fault is still mine, however perhaps it is somewhat mitigated. Nobody was hurt. The charges are, I believe, four misdemeanor counts of assault. The DA preliminarily agreed to Deferred Prosecution. The D.P. interviewer seemed as though there was no chance I wouldn't make it into the program - I have family and long-standing work ties and no recent history of criminal behavior. However, when I was 18 (30 years ago)I was arrested and served time for dealing in stolen property. I was sentenced Youthful Offender (in Florida). I mentioned this briefly to the interviewer and he said that juvenile didn't matter so much. I stopped short of explaining that YOA status isn't necessarily juvenile. The interview went well I think. Now I am waiting three weeks to find out what is likely to happen, and to quell my fear one way or another (and to perhaps reduce my stress-related intake of Xanax) I ask here: Does anyone have any familiarity with who it is and precisely what criteria are involved in making this final determination? Also do any other alternative sentencing alternatives exist in my area? Thank you most kindly for reading this, and for any thoughts you may care to share.

Attorney Answers 3

  1. It appears that this is not an immigration question. I will change the category.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

  2. This question should be directed to a criminal defense thread., rather than the immigration thread.

    Robert Brown LLC
    2530 Meridian Parkway, Suite 3050
    Durham, NC 27713

  3. I agree. IT is not an immigration question.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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