Is a deferred prosecution permissible?

Yes. Although a defendant who receives a deferred prosecution may be placed on probation, with conditions, the arrangement is not part of a judgment and sentence, which are deferred. If the defendant violates the terms of the arrangement, the State may resume the prosecution. See G.S. 15A-1341(a1). If the defendant is convicted, the court then would have to sentence the defendant in conformity with the fine-only restrictions in new G.S. 15A-1340.23(d).

Public Officials - Courts and Judicial Administration Roles
Topics - Courts and Judicial Administration