Does delegated authority apply in deferred prosecution and G.S. 90-96 cases?

Probably not. Because an offender must, under G.S. 15A-1343.2(e) and (f), be sentenced to a community or intermediate punishment for delegated authority to apply, it is questionable whether a probation officer may exercise delegated authority in deferred prosecution or G.S. 90-96 cases. In those cases, the defendant has not yet been sentenced and thus has not yet received a community or intermediate punishment—a classification necessary for determining which delegated authority conditions would be permissible under G.S. 15A-1343.2(e) (community) or (f) (intermediate).

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