What Is A Deferred Finding Under Advisement?

by J.D. Garrett on February 4, 2013

Getting a Deferred Finding In Virginia When someone is charged for the first time with a criminal offense, they naturally become apprehensive and begin to think, “how is this going to affect my future?” Many good people find themselves being charged with a crime when they are otherwise an upstanding member of society – a professional, a military member, a school teacher, a little league coach, a soccer mom. There are many minor criminal offenses that can have drastic effects on ordinary people – reckless driving, DUI, public intoxication, public nudity, possession of marijuana, littering, trespassing, to name a few.

There are some offenses where Virginia law specifically authorizes a judge to evaluate the individual charged, and “withhold the finding of guilt” and allow the person to prove to the court that this was an aberration, an anomaly, a one-time situation not likely to be repeated. Such offenses include trespassing, possession of marijuana or possession of drugs and narcotics, underage possession of alcohol, and domestic violence. The Virginia Supreme Court has also extended this authority to judges in all manner of criminal cases.

When someone is given a deferred finding under advisement, the judge may require the person to perform some community service, attend counseling, pay court costs, or simply not pick up any new charge. After a period of time, the judge will have the person return to court and reevaluate the case. Usually, provided the person successfully completed the assigned tasks, the charges are reduced or even dismissed entirely. This is an incredible opportunity for individuals who are charged with first time offenses to keep their record clean.

Not all cases will qualify for this treatment, and some preparation is advisable before the initial court appearance. If you think you or a family member may qualify for a deferment, contact Garrett Law Group, PLC today. (757) 422-4646. Our Virginia Beach criminal attorneys will work with you to put you in the best position possible for your case.

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