Blog

Private Warrants: aka Citizen Initiated Criminal Process

Private Warrants Often, my clients are shocked to find out that any private citizen can go before a magistrate and swear out a private warrant for criminal charges against anyone else, at any time.  This is common practice in North Carolina and can create some difficulties.  Typical private warrants involve verbal and physical assault related [..]

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90-96 Conditional Discharge NC Court of Appeals update

90-96 Conditional Drug Discharges NC Court of Appeals update The North Carolina Court of Appeals recently held that 90-96 conditional discharges must be granted unless both the District Attorney and the Judge object to the Defendant’s eligibility to it. Furthermore, the State bears the burden of showing the Defendant is ineligible for the 90-96 conditional [..]

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Learner’s Permits

Learner’s Permits in North Carolina North Carolina requires that new driver’s take thirty (30) hours of classroom instruction outside of school hours.   The new driver must be at least fourteen and a half (14.5) years old before they are allowed to register for this course.  After they complete this course, they will be permitted to [..]

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Removal from the Sex Offender Registry?

Is it possible to be removed from the Sex Offender registry? I get asked this question all of the time. The answer is “yes”, but it is very difficult. I have recently successfully petitioned the Courts for removal from the Sex Offender Registry on behalf of a client in Mecklenburg County.  There are many factors [..]

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Misdemeanors and Consecutive Sentences

It could be very difficult to try and figure out what the maximum sentence a client can be exposed to when being convicted of multiple misdemeanors. NCGS 15A-1340.22(a) sets out the two rules one must follow in order to calculate the maximum exposure for a client. Basically, if the court imposes a consecutive sentence for [..]

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