If you know a juvenile cited for driving after drinking or using drugs, you should know the possible consequences.
Under North Carolina law, the crime of underage DWI is a misdemeanor. A prosecutor can charge a juvenile with both regular DWI and underage DWI simultaneously. You can get jail time up to sixty for a conviction of underage DWI. The court can also order you to pay a fine of up to $1,000. The judge in the case will review all of the circumstances before deciding on the penalty and sentencing.
In addition to a possible criminal conviction, you may face administrative sanctions for an underage DWI from the North Carolina Department of Transportation (NCDOT). You can expect to have your driving privileges suspended for at least 30 days after a citation for underage DWI. The NCDOT can extend this period to a year if you refuse to take a breathalyzer test when an officer asks you to do so. If you get convicted during your criminal trial, you will lose your license for at least one year following the judge’s ruling.
North Carolina is very strict on persons who drive while intoxicated. The law allows no discretion to determine intoxication if an underage driver operates a vehicle with alcohol or drugs in their system.
]]>The new law, which started in North Carolina’s Senate as Bill 207, was signed into law in 2021 to raise the minimum age for children to be required to appear in the juvenile court system. The big change is that children as young as 6 will no longer be made to appear in juvenile court. The minimum age has been increased to 10 years old. In spite of the change, children who are as young as 8 may still be brought into the juvenile court system if they have a prior judgment against them for delinquency or if they have committed a felony ranging from A to G severity.
The new North Carolina law benefits the state itself due to reducing court expenses. Children also benefit as those who are very young no longer have to endure time spent in the court, which can be traumatizing and have long-lasting adverse effects. Another benefit lies in the area of children who are troubled and engaging in crime getting the opportunity to have access to mental health help if they need it.
Some children charged with delinquency may suffer from developmental or intellectual disabilities or mental illness. The new law aims to devise plans to care for those kids so that they can get the help they need. The Care Review Team is in place to do just that. The group will decide on the best course of action for providing help to those children.
Older kids at least 16 years old with class D and higher felony charges against them could be prosecuted in the juvenile court system or referred to superior court. The prosecutors will have the right to determine the route to take for older kids charged with such serious offenses.
]]>Assault and battery is a type of crime that involves the assault of another person. When the victim is a disabled person, the charges are often elevated to aggravated assault, which carries much harsher penalties. Disabled individuals are a protected group of people. If a person knows that the victim is disabled but still carries out the crime, the court views the offense very seriously.
A person is considered disabled when they have a physical or mental impairment or illness that significantly impairs their ability to defend themselves against a perpetrator. Disabilities can include blindness, deafness, mental illness, mental impairment, limited use of limbs such as a person in a wheelchair and more.
People can be arrested and charged with assault and battery against a disabled person if they deliberately committed the offense while knowing the victim had a disability. The crime is classified as a Class F felony. A person can face charges if any of the following applies:
A person convicted of this crime can face 62 months in prison.
If the offense is a simple assault or battery against a disabled person, it’s classified as a Class A1 misdemeanor. A conviction could result in 150 days in jail.
]]>These are some things to be aware of if law enforcement charges your juvenile with a crime in North Carolina.
If an officer charges your child with a criminal offense, concern about how this might affect your child’s reputation is understandable. However, court records for juveniles are confidential, meaning that only people who have a qualified interest in the case have access to the records. In the same vein, a judge can decide to close a court hearing from public view if necessary to protect sensitive information related to the juvenile.
Unlike when an officer arrests an adult, you cannot bail a minor out from a juvenile detention center. In many but not all cases, your will be able to stay at home before the trial anyway.
Although not all counties in North Carolina have this option, family court can be a good alternative if available. Family court judges are especially familiar with juvenile cases, and these courts may offer education programs for parents.
If your minor child has pending legal charges, be sure to familiarize yourself with the juvenile legal system to help ensure a fair outcome for your child.
]]>One reason a defendant may want to plead no contest to a criminal charge is a lack of intent to commit a crime. Individuals can be technically guilty with no reasonable defense to the charge while having no intent to violate any particular code. A nolo contendere plea is effectively an admission that the prosecution has the evidence indicating guilt and the defendant has no response while still claiming innocence.
There are actually situations where pleading no contest can be effective. These cases typically involve civil liability as well as criminal culpability. The burden of proof standard for evaluating civil cases is a preponderance of the evidence instead of the criminal law reasonable doubt standard, and a guilty plea could be an advantage to any opposing party in a civil claim.
It is important to remember that some states do not allow for a no contest or Alford plea. North Carolina is not among those states, so criminal defendants within the state have more options than others when they go to court.
]]>DWI laws in North Carolina make it a punishable offense to drive under the influence of drugs and alcohol. The state changed its definition of being in physical control of the vehicle to include even if not in motion. Like all other states, North Carolina has implied consent laws, which means the driver agrees to chemical tests by having a valid license.
Standard drivers are limited to a blood alcohol level of 0.08 and commercial drivers to 0.04. Drivers under 21 are not permitted to have any amounts of alcohol or controlled substances under the Zero Tolerance law. If the driver has been convicted of a previous DWI, they cannot register above 0.04 on chemical testing.
North Carolina imposes charges ranging from Level 1 to 5, with aggravated Level 1 being the highest offense. A first Level 1 offense includes penalties of up to a $4,000 fine, a minimum 30- to 90-day jail sentence, and a one-year license suspension.
A Level 2 charge may include penalties of a minimum seven-day jail term, a four-year license suspension and up to a $2,000 fine. A 240-hour community service penalty commonly applies to drivers who get a second charge within five years. Some first offenders could qualify for a restricted license to use for only going to school and work.
A conviction or DWI can have serious long-term repercussions. Drivers can’t plea down to a wet reckless charge, but the charges may get reduced to reckless driving or reckless endangerment.
]]>Roundup criminal cases can be problematic for prosecutors because they often do not catch the targeted individual with any physical drugs in their possession. Many times these drug charges are filed based on supplied testimony by third parties who are not necessarily credible or based on someone wearing a wire in making drug purchases. While 32 suspects have been rounded up so far with 9 suspects left to be apprehended, each case must be tried independently. When testimony wavers among cases, charges can be reasonably doubted.
Another common issue with criminal drug cases is obtaining evidence according to legal protocol, which includes executing a search warrant. Search warrants must indicate exactly what the police officers are looking for, and the names and identification of the suspects must be correct as well. Minor inconsistencies cam matter significantly, including being grounds for case dismissal.
Many times cases can be impacted on a wholesale basis even when they are tried individually when the informant is not a designated police officer. Even when the defendant is caught in possession of drugs for resale, cases can be amended to possession or even dismissed when there are arrest improprieties.
]]>Burglary is a type of crime that doesn’t have to involve property actually being taken. It is committed when a person unlawfully breaks into a property such as a home with the intention of committing a second crime while inside. For example, someone might enter another person’s house and plan to steal jewelry from a jewelry box. However, it’s possible to be arrested, charged, and even convicted of burglary even if a person breaks into a property and doesn’t carry out the crime once inside.
Robbery is a type of theft crime that involves property. It is a criminal offense that is committed when a person takes property from another person without their consent. Robbery is also done while using force or at least a threat of force. If the victim is scared and believes their safety is in imminent danger, even if they don’t suffer an actual injury, the perpetrator can be charged with the crime.
Theft is also a property crime but differs from burglary and robbery. A person can commit this crime by taking property that belongs to someone else with the intention of depriving the owner of it. There are two categories of this crime as well: petty theft and grand theft. Petty theft involves property that is worth under $950 while grand theft involves property worth more than $950. The former is classified as a misdemeanor while the latter is considered a felony.
Accusations of committing a property crime should be taken seriously. Protecting your rights is essential if you face any of these charges.
]]>However, certain factors can influence whether the courts will transfer the case to the adult justice system. See below to learn how a minor might face adult charges.
According to the North Carolina Department of Public Safety, individuals who are 17 or 16 used to enter the adult justice system. The Raise the Age initiative changed this in 2019. Now a minor will not face adult charges unless they meet these precedents:
You can always negotiate with courts. Incarceration is not a given if a juvenile commits a crime. Working with prosecutors can often lead to better sentencing for your child if they find themselves on the wrong side of the law.
Unfortunately, the juvenile justice system is not perfect. The punishments your child may face often cause developmental setbacks. It is essential to know what to expect when a minor commits a crime. Arm yourself with a strategy to prevent jail time.
]]>Probation is often used in cases where minors are being charged with criminal activity that could result in jail time if convicted. An effective juvenile defense strategy could be to request probation instead of a jail sentence even in obvious guilt situations for minors when they go before the court in first-offense cases. And beyond a probation agreement, the best type of alternate resolution is a case diversion.
The best result of any criminal charge negotiation is being placed on pretrial diversion. This is a form of probation that actually avoids a criminal conviction of any type when the defendant completes the requirements of the court. It is assuredly the best outcome in any juvenile defense case because there is no need for probation, which is only allowed after a conviction is recorded. Convicted defendants who have a sentence probated will also be required to serve the jail term if they violate conditions of probation. Diversion offers an additional layer of options for minors and the court when trying to avoid establishing a criminal history before reaching adulthood.
Probation is not uncommon for juveniles or even first-offender adults in cases of relatively low criminal intent. North Carolina courts realize that some defendants get caught up in situations when they are not the primary culpable individual.
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