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WNB

I have a question for people on here who are either lawyers or have close contact with the legal profession.

Do you know if a single marijuana possession arrest, which resulted in a deferred judgement, could affect a person's eligability to take the bar exam? The arrest will have been six years before I take the exam.

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sterbo

If your hearing has resulted in, among other things, a designated period in which the record shall be expunged then you might have your answer. I don't know if entering into law as a profession is subject to a more stringent set of standards...That said, I offer you this to chew on -
In a deferred prosecution, the proceedings in a criminal case are put off for a period of time, say one year, subject to certain conditions. The typical condition is that the defendant not be charged or convicted of other crimes during this period. At the end of the time period, if all conditions have been complied with, the charges are dismissed. No plea of guilty or judgment of conviction is entered. If the defendant fails to comply with the conditions of the deferred prosecution, the prosecution of the case would be reinstated and the defendant could either plead guilty or proceed to trial.
When criminal charges are resolved by a deferred judgment as opposed to a deferred prosecution, the defendant must enter a plea of guilty. Again, the case is set over for a period of time subject to certain conditions, the primary one of which is that the defendant not be convicted of another crime. If the defendant abides by the conditions, at the end of the term, the guilty plea is considered withdrawn, and no judgment of conviction or sentence is entered. While the defendant is free to say he has never been convicted of the crime, the guilty plea could have possible future ramifications. For example, deferred judgments are counted in computing a defendant's criminal history score under the Federal Sentencing Guidelines.
In addition, if the defendant is found to have violated the terms of her deferred judgment, her guilty plea is binding and the court will proceed to sentencing, without a trial. In the deferred prosecution situation, the defendant would still have the right to a trial before being convicted and sentenced.
Obviously, from a defense standpoint, a deferred prosecution is preferable to a deferred judgment. It is also far less frequently offered by the prosecutor.

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