Children and the Law
Criminal Law

How do you defer a minor in possession charge?



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Assuming what is meant by "defer" is a pre-trial diversion, which is the recommendation of the prosecutor with agreement from the court (judge) to place the accused a conditional probationary period. If the accused person completes the agreement as set out by the court, there is no trial and the charge(s) is dismissed. The defense counsel can request the action, but the decision belongs the presiding judge based on the circumstances of the case. A person who has previous criminal convictions will not qualify for a PTD.