Fill and Sign the Motionagreement and Order to Defer Prosecution Structured Form

1. With approval of the Court and consent of the defendant, prosecution wil\ l be deferred by the prosecutor for the purpose of allowing the defendan\ t 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, C, or D, 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 refere\ nce: (NOTE: Select judgment form appropriate to the date of offense for which prosec\ ution is deferred. ) AOC-CR-603A AOC-CR-603B AOC-CR-603C AOC-CR-603D AOC-CR-604A AOC-CR-604B AOC-CR-604C AOC-CR-604D 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 te\ rm 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: *See attached “Restitution Worksheet, Notice And Order (Initial Sentencing),” AOC-CR-611, which is incorporated by reference. 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 i\ n 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. File No. STATE OF NORTH CAROLINA County Seat Of Court In The General Court Of Justice District Superior Court Division MOTION/AGREEMENT AND ORDER TO DEFER PROSECUTION (STRUCTURED SENTENCING) (For Deferrals Entered On Or After Dec. 1, 2011) G.S. 15A-1341(a1) Name Of Defendant Race Sex Date Of Birth State STATE VERSUS Ct Rptr Initials Attorney For State Drivers License No. Def. Found Def. Waived Not Indigent Attorney Attorney For Defendant Appointed Retained 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): Material opposite unmarked squares is to be disregarded as surplusage. (Over) CONDITIONS OF AGREEMENT TO DEFER PROSECUTION Community Service FeeEHA FeeMiscellaneous Total Amount Due$ $ Restitution* Attorney’s Fees Costs Fine$$ $ $$ $ Off. File No.(s) Offense DateF/MCL. G.S. No. Offense Description AOC-CR-610, Rev. 12/16