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A basic definition of a "Prayer for Judgement" is a plea that can be entered in a courtroom and is neither an admission of guilt nor a plea of innocence. If the plea is accepted by the judge the charge against the accused is dismissed though the judge usually has conditions for the violation to not go on the person's record.

The conditions normally include that if within a certain time period the accused repeats the crime or a similar one he/will face both charges. However if the accused stays clean for the time period the record is expunged and the accused will face no trial or punishment for the alleged offense. In North Carolina the probationary time period is typically three years.

In NC for automobile insurance purposes, one can have up to one PJC per household every three years that will not cause insurance premium increases. For driver's license purposes, a driver can have up to two PJCs within a five year period which will not result in driver's license points nor have any effect on the driving record of the person receiving the PJC.

For criminal defendants in federal court, a prayer for judgment may be considered a conviction for the determination of the sentencing level upon conviction of a federal crime.

So a PJC is like a deferred prosecution. After a plea of guilty, the judge can make a finding of guilt without entering judgment and set a new court date, usually a year later, at which time if the defendant has met the conditions set out by the judge, then the charge can be dismissed.

Chapter 23, Title 17, Code of Laws of South Carolina (Section 17-23-85) states that notwithstanding any other provision of law, a circuit judge, magistrate, or municipal judge has the authority to suspend the imposition of a sentence for a criminal offense for a specified period and with or without conditions attached. The suspension of the imposition of a sentence is known as a 'prayer for judgment continued'.

The prayer for judgment continued upon payment of costs, without more, does not constitute the entry of judgment. If the judge sets no conditions, the consent of the defendants is not required for prayer for judgment continued. A prayer for judgment continued without any conditions does not constitute a judgment, conviction, or sentence and is not a prior conviction for purposes of sentencing. An unconditional prayer for judgment continued postpones sentencing by the judge, either to a future date specified by the judge, or indefinitely if no date is set.

If the judge sets conditions such as a fine or imprisonment, the order is a final judgment and the court may not impose additional punishment. If the defendant violates the conditions of a prayer for judgment continued at any time after it is imposed, the state may file a motion that the court imposes a sentence. A prayer for judgment is not probation since it does not involve a conviction or a suspended sentence.

Receiving a prayer for judgment continued is completely up to the discretion of the court in either state. If you have used the Prayer for Judgment plea for a traffic offense or other type of violation of the law in NC or SC then you should have been advised of what your conditions are that you must follow. If the conditions include no criminal action but you are unsure if this means in an automobile, as in a traffic offense, or if it means any type of criminal offense then you should check with the court that allowed the PJC for clarification.

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Q: What is a prayer of judgment?
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Related questions

Is a prayer for judgment or an improper equipment better?

Prayer to forgive is the best. :)


Do you have to pay for the ticket with a prayer of judgment?

No


Why is the legal prayer for remedy or relief called a prayer?

For a great resource on prayer for judgment check out: http://prayerforjudgment.com


Does a prayer for judgment count on insurance?

you need or you will get in jail


Prayer for judgment in VA?

Decision without trial


Can a prayer for judgment be used for DUI?

A Prayer for Judgment Continued (PJC) is a finding of guilt without an entry of judgment for a criminal or traffic offense. A Prayer for Judgment Continued is a judge-granted remedy that is unique to North Carolina and may not be recognized by other states. However, a judge is not authorized to grant a PJC for a Driving While Impaired (DWI).


Can prayer for judgment be used in the case of tailgating traffic violation?

You can pray about anything. If you are guilty I doubt your prayer will be answered to your satisfaction.


When will a prayer of judgment be dismissed?

After 3 years, it will not be in effect and you can use it again if needed.


How will a Prayer for judgment Continued in NC affect Virginia points and insurance?

It shouldn't affect it at all... for nowIt shouldn't at all. According to North Carolina law, a "prayer for judgment continued" is not a conviction. http://www.scstatehouse.net/sess113_1999-2000/bills/5155.htmFor a great resource on prayer for judgment check out: http://prayerforjudgment.comFind out when your judgment will be dismissed and under what conditions. A second offense in North Carolina could cause both to be convictions.


Is a prayer judgment the same as a conviction?

In the context in which the question is asked, probably yes. A "prayer" in the legal context, refers to the specific amount asked for as damages at the end of a complaint or petition. A prayer gives the judge an idea of what is being sought by the plaintiff, and if the defendant fails to answer, they may have a default judgment entered against him/her for the amount that was "prayed" for.


What can you use in place of prayer of judgment in state of Virginia?

I believe that you are confusing the word "prayer" and its usage in a religious contrext with the legal terminology "pray for" which is strictly a legal term which loosely means, "to ask for."


Can you get prayer for judgment in a federal arson case?

As phrased, this question does not make much sense. In a civil case satisfying the jurisdictional requirements of a federal district court, a litigant may sue for an award of money damages which is the usual connotation of "judgment." It makes no difference what the underlying dispute is (arson, breach of contract, personal injury), a money judgment is the most typical object of civil litigation. "Prayer for judgment" is an increasingly archaic phrase describing how relief requested in a particular lawsuit.