When charged with a certain criminal or traffic offense, the accused may have the option to request, from the judge, a "Prayer for Judgment Continued". When requesting a Prayer for Judgment Continued (PJC), the accused is doing so after having pleaded guilty (misdemeanor or felony) or responsible (infraction). The legal significance of obtaining a Prayer for Judgement Continued (PJC), is that the resulting plea of guilty or responsible is not actually entered against the defendant.
The judge has the ultimate say in whether to grant the prayer for judgment or not. The assistant district attorney (prosecutor) can oppose, support, or have no stance on whether the judge should grant the PJC or not. In general, if the assistant district attorney is going to support the PJC, it would be highly unlikely for the judge to deny the PJC.
However, regardless of the judgment not being entered against the criminal defendant, the outcome does go on the defendant's criminal and or driving record. In the case of traffic citations, there are restrictions as to who can use a Prayer for Judgment Continued (PJC) and how many one can receive.
For example, individuals with commercial driver's licenses or who are driving commercial vehicles at the time of the offense are not eligible to receive PJCs. Even if the judge grants a Prayer for Judgment Continued, the Division of Motor Vehicles (DMV) will not recognize it. PJC's are null and void any time they are granted to someone who possesses a valid CDL at the time of offense. Some offenses, such as passing a stopped school bus or driving while impaired, are also not eligible for PJCs.
Additionally, for DMV purposes, an individual is only eligible for two (2) PJCs every five years. For insurance purposes, individuals in a "household" may only receiver one Prayer for Judgment Continued (PJC) every three years without receiving insurance points. Receiving insurance points is the primary way, in North Carolina, that causes an individual's insurance premiums to rise.
Prayer for Judgment Continued's are unique to North Carolina Law. While some other States may have similar outcomes, how out-of-state jurisdictions will treat a PJC is something that should be considered and evaluated by Non-North Carolina licensees before assuming that a Prayer For Judgment Continued (PJC) is appropriate.
For misdemeanor and felony sentencing purposes, PJC's do count as convictions. Thus, even if one received a Prayer For Judgment Continued (PJC) for a misdemeanor larceny or driving while license revoked, those pleas of guilty count as convictions for sentencing purposes under both the felony and misdemeanor sentencing chart.
Although Prayer For Judgments (PJC) are usually used for minor traffic offenses, PJCs are sometimes used for certain misdemeanors. Prayer for judgments are generally unavailable for felonies.