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Watauga County District Attorney Jerry Wilson sat down with
the Watauga Democrat to offer a better understanding of the
judgments and dismissals handed down in district court.
District Attorney Jerry
Wilson |
Wilson explained that a prayer for judgment continued is a
creation of the court system, typically reserved for traffic
violations. The defendant pleads guilty to the charge, though
a judgment, or sentence, is not handed down.
A prayer for judgment continued affects vehicle insurance rates,
Wilson said. Insurance companies do not raise rates if this
decision is entered. Individual companies determine the number
of prayer for judgment continued decisions a person may have
in a time period, meaning the frequency of use by a single person
is not determined by the district attorney’s office.
There two types of deferral agreements utilized in district
court. A community service deferral is the most common. Wilson
explains this decision is often used for first-time offenders
and those charged with small drug quantities.
A defendant is assigned community service and, once completed,
the charge is dismissed.
The second deferral agreement is known as a good behavior deferral.
A person is required to complete a program appropriate to the
charge, such as substance abuse treatment or anger management.
The agreement lasts from six months to one year during which
the defendant must not violate any other laws. If the conditions
are met, the charge is dismissed.
Wilson said these diversionary programs are used in district
court only. Serious violations and felonies are handled in superior
court. A defendant will have only two chances to use a deferral
program. On the third time, the person is prosecuted.
“Most of the time the perpetrator is a young person, many
times a college student, and more often than not a first-time
offender,” he said. “It seems to me counter-productive
to put a [minor] drug conviction on a young person’s record
when they are just getting started in life.”
There is also a diversionary judgment that is at the judge’s
discretion only. This deferral is for more serious drug possessions,
such as larger quantities of marijuana and more serious substances,
i.e. cocaine or methamphetamine. The judge can require a defendant,
first-time offenders, to complete drug treatment, community
service and/or probation. At the end of the probationary period
the charges may be dismissed.
“People have been unaware of the diversionary programs
in Watauga,” he said. “The program diverts people
into treatment. Prosecution alone isn’t going to solve
the drug problems.”
Wilson also addressed a few other common reasons for dismissals.
When a person is charged with a traffic violation as a result
of an auto accident, the defendant can bring in a letter from
their insurance company stating the damage to the other vehicle
involved was repaired. The traffic violation can then be dismissed.
“I do this because the only way to prosecute this case
is to bring the driver of the other car into court to testify,”
Wilson said.
“In my 26 years of prosecuting I have learned that once
their car is repaired, these folks don’t want to spend
several hours in court waiting to testify.”
Charges for worthless checks are very similar. If the defendant
has paid the business or person the amount owed, the case is
dismissed. People charged with registration violations, equipment
failure or expired inspection sticker can also be dismissed
if the problem is corrected in a timely manner.
The Watauga County courts system also participates in a mediation
program. Through mediation, the parties involved in a case sit
together with a trained counselor to resolve the issues between
them.
“My experience has shown me that are some cases that prosecution
only makes the problem worse,” Wilson said, referring to
instances of disagreements between neighbors leading to minor
charges against one or both. Prosecution does not resolve the
underlying issue. A session with a counselor is offering a solution,
rather than a sentence.
If the counselor feels the parties have come to an understanding,
they recommend dismissal to the court.
Wilson explained that domestic violence cases can account for
a large number of district court dismissals.
“Over the years, this has become increasingly troublesome
to me. It is my belief that many of these victims are not coming
forward because they are being threatened or fear being putting
out on the street with no way to support themselves or their
children,” he said. “Plus it was very embarrassing
to me to stand in front of the court and dismiss case after
case involving domestic violence because I had either no witness
or an uncooperative one.”
To address this problem, Wilson requested and received a grant
to establish a domestic violence team approximately one year
ago. The cases are now being handled by a single prosecutor
and a victim-witness assistant. Wilson said he has thus far
been pleased with the results.
Another assistant district attorney position was created in
2006 to address the backlog of driving while impaired cases.
The DWI court has made a difference. Wilson said prior to the
establishment of the separate court, the office was handling
the cases at a 90 percent filing rate, meaning 10 percent were
adding up to a backlog. Currently the DWI court is handling
cases at a 104 percent filing rate.
“It is happening slowly, but we are making headway into
the backlog of DWI cases,” he said.
In addressing the issues related to dismissals, Wilson also
spoke of the problem with multiple continuances on cases.
“Yes, it is a problem, all across the 24th District,”
he said. “There are so many cases we can’t reach them
all.”
The problem of continuances occurs primarily in district court
and with DWI cases. Wilson said his office is trying to design
a solution, thought it is a difficult quandary to clear-up.
He said the prosecution can present evidence in a DWI case in
an average of 15 minutes. A single trial may last 45 minutes
or longer, depending on the defense lawyer. An appeal of a driving
while impaired case is heard in superior court and may last
one to two days.
“It is important to understand that 90 percent of the people
who come through district court are not criminals,” Wilson
said.
“They are normal citizens like you and me who have let
their tag expire or drove a little faster that the speed limit
or are having domestic problems in the home or with friends
and neighbors or young people who have made a mistake in judgment.
“It has been my experience that cases in this court should
be handled differently than the serious felonies in superior
court.”
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