Expunctions, how do they work? What is a PJC?

Contrary to common belief, a PJC (Prayer for Judgment Continued) does not solve every problem.  They are not a silver bullet.  They are very helpful with certain kinds of traffic tickets, but they also indefinitely postpone a final judgment in a criminal case.  This can really hurt your future.  Without a final judgment, there cannot be an expunction. You should know that opportunities to expunge a criminal record in North Carolina are relatively rare. Instead, criminal records eligible for expunction in North Carolina are generally limited to the following three categories:
  • A first-time, nonviolent offense committed more than 15 years ago
  • A first-time offense committed under age 18/22
  • A charge that was dismissed or disposed “not guilty”
A CRIMINAL RECORD often gives rise to significant barriers to gainful employment, affordable housing, family unification, and a variety of other benefits and opportunities essential to productive citizenship. In North Carolina, an expunction is the destruction of a criminal record by court order. An expunction (also called an “expungement”) of a criminal record restores the individual, in the view of the law, to the status he or she occupied before the criminal record existed. With rare exception, when an individual is granted an expunction, he or she may truthfully and without committing perjury or false statement deny or refuse to acknowledge that the criminal incident occurred. The primary exception to this is for purposes of federal immigration. Please see North Carolina General Statutes §15A-151 for other exceptions. This summary provides details of the following twelve expunction statutes:
  • Juvenile Record………………………………… NCGS §7B-3200
  • Misdemeanor Under Age 18…………………… NCGS §15A-145
  • Gang Offense Under Age 18…………………… NCGS §15A-145.1
  • Controlled Substance Under Age 22 …………… NCGS §15A-145.2
  • Toxic Vapors Under Age 22……………............. NCGS §15A-145.3
  • Nonviolent Felony Under Age 18……….……… NCGS §15A-145.4
  • Nonviolent Offense…………………………...... NCGS §15A-145.5
  • Prostitution Offense………………………......... NCGS §15A-145.6
  • Charge Resulting in Dismissal or Not Guilty ….. NCGS §15A-146
  • Identity Theft………………………………….... NCGS §15A-147
  • DNA Records………………………………....... NCGS §15A-148
  • Pardon of Innocence……………………………. NCGS §15A-149
In addition, this summary provides the following information and resources:
  • Certificates of Relief……………………………. NCGS §15A-173
  • Indigent Fee Waiver
  • Steps to Submitting a Petition for Expunction
  • How to Read an ACIS Criminal Record Report
  • Petition for Expunction of Nonviolent Offense, Sample
  • Petition for Expunction of Dismissed Charges, Sample
  • Petitioner’s Affidavit, Worksheet
  • Affidavit of Good Character, Worksheet
  • Affidavit of Good Character
More information and source material. Questions?  Contact us and the attorneys at David R. Payne law firm would be happy to speak with you. Read more "Expunctions, how do they work? What is a PJC?"

Should you give breath sample? 3 of3

Part 3 of 3 DWIs are tough,  but you don’t have to face it alone.  Call us after hours at 828-393-3000 for a consultation. Driving Related DWI Itemized Costs and Suspensions.   Pretrial Limited Driving Privilege
  • $100.00 Paid 10 Days After Charge To: Clerk of Court
  • Purpose: If license is revoked for 30 days, the pretrial limited driving privilege allows for limited purposes for the final 20 days of the civil revocation.
30 Day Civil Restoration Fee
  • $100.00 Paid 30 Days After Charge to: Clerk of Court
  • Purpose: To Get License Back 30 Days After DWI Charge
Post-trial Limited Driving Privilege
  • $100.00 upon  Conviction or When Eligible to: Clerk of Court
  • Purpose: Allows driving for specific limited purposes during the period your license is revoked for the DWI conviction
Ignition Interlock System
  • Installation Cost: Approximately $75.00 Monthly Cost: Approximately $75.00 to: Installation Company
  • Purpose: Driving may only be allowed with an interlock system
License Restoration Fees
  • $50.00-$100.00 Upon Restoration of Driver’s License (Following Revocation for Refusal or DWI Conviction) to: NC DMV
  • Purpose: Restore Driver’s License
Court Fees Fine & DWI Fee
  • When you plead guilty or are found guilty of DWI Fine Allowed by Statute: Up to $10,000.00 Typical DWI Cost: $200.00 – $500.00
  • Payable to: Clerk of Court
Court Costs
  • When you plead guilty or are found guilty of DWI Cost: $190.00
  • Payable to: Clerk of Court
Jail Fee
  • When you plead guilty or are found guilty of DWI you must pay jail fees Cost: $40.00 Per Day in Jail
  • Payable to: Clerk of Court
Community Service Fee
  • When you plead guilty or are found guilty of DWI Cost: $250.00
  • Payable to: Clerk of Court
Lab Fees for Blood Cases
  • When you plead guilty or are found guilty of DWI Cost: $600.00
  • Payable to: Clerk of Court
Supervised Probation Fees
  • Schedule Determined by Probation Set-up Cost: $40.00
  • Monthly Fee: $40.00
  • Payable to: Clerk of Court
Alcohol Assessment and Treatment Assessment:
  •  At Assessment Cost: $100.00
  • Payable to: Agency Performing Assessment
Treatment:
  • Time of Payment: Determined by Agency
  • Typical Cost: $160.00 – $800.00
  • Payable to: Agency Conducting Treatment
  High Risk Insurance after you plead guilty or are found guilty of DWI is expensive.  Your insurance cost will increase by as much as 340% for example, if you pay $300 now, you will pay $1320 afterwards.  Collision, comprehensive coverage may be difficult to find, and it may cost more than outlined by the department of insurance.  DWI is a 12 point offense that results in your automatically losing your license for one year.  It is possible to get a limited privilege to drive after you plead guilty or are found guilty of DWI, but that requires a court order, and you must carry that order also known as a “paper license” with you when you drive.       Read more "Should you give breath sample? 3 of3"

New Good Samaritan Law may be tested.

 Man drops off body at mission hospital.  His lips were blue. Every day in the United States, 113 people die as a result of drug overdose, and another 6,748 are treated in emergency departments (ED) for the misuse or abuse of drugs.[i] The State of North Carolina has recognized that sometimes the only people to witness an overdose are themselves using illegal drugs, and they may be afraid to call for help because they may get in trouble.  That is changing.  Good Samaritans have some legal protection in drug and alcohol overdose cases under a new law, as of April 2013 in North Carolina[ii].  If you witness someone experiencing an overdose from cocaine, heroin, or alcohol, and they need medical attention, call 911 for help and stay with them.  A new law that is designed to save lives, give protection to someone who acts in good faith to get medical treatment for someone experiencing a "drug-related overdose" meaning an acute condition, including mania, hysteria, extreme physical illness, coma, or death or conditions that a layperson would reasonably believe need immediate medical assistance.  The Good Samaritan shall not be prosecuted[iii] for misdemeanor drug possession, misdemeanor drug paraphernalia, felony possession of up to one gram of heroin or 1 gram of cocaine.  The same scheme applies to underage drinkers. When someone overdoses on opiates, including heroin, they may turn blue in their lips and nails, become unresponsive to screaming and shaking, stop breathing, have seizures and even die.[iv]  Sometimes they can be saved with an injection of Naloxone Hydrochloride, a fast acting opiate antagonist.  This law grants limited immunity to “anyone in a position to assist” who in good faith does assist by providing Naloxone to a person who overdoses on opiates. The related laws for underage drinking grant similar protections for underage drinkers who call for help for a friend who has drank too much, and needs medical help.  If you call for medical help under the good faith exception, you shall not be prosecuted for underage possession or consumption of alcohol. Bottom line, if someone needs immediate medical help, call for help.  When you call 911 for an ambulance, the police may come too.  The police may seize things they see in plain view that are contraband or illegal to possess, but at the end of the day, if you are a Good Samaritan acting in good faith to save someone from an overdose of heroin, cocaine or alcohol, you will not be prosecuted under the new laws.  Please tell your kids about this, they are the ones who are in real danger. Note: this is not blanket immunity from prosecution of all crimes.  The police will still do their job.  This new law gives limited immunity from some but not all drug crimes.  If you have questions, call us.  We are here to help. [i] http://www.cdc.gov/homeandrecreationalsafety/overdose/facts.html [ii] § 90-96.2 (possession of 1 gram or less of heroin, cocaine or related drug paraphernalia ) and§ 18B-302.2 (underage alcohol possession/consumption) [iii] http://www.ncleg.net/Sessions/2013/Bills/Senate/PDF/S20v7.pdf [iv] Wikipedia Opioid Overdose Contact us. [contact-form subject='blog contact'][contact-field label='Name' type='name' required='1'/][contact-field label='Email' type='email' required='1'/][contact-field label='Comment' type='textarea' required='1'/][/contact-form] Read more "New Good Samaritan Law may be tested."