FOR IMMEDIATE RELEASE Monday, 29 January 2018 Wilmington, North Carolina; Rocky Mount, North Carolina; Raleigh, North Carolina On 29 January 2018, Knolly Brown of Rocky Mount, North Carolina, was awarded statutory damages for being wrongfully convicted. On 14 October 2009, Mr. Brown pled no contest and was convicted of Second Degree Forcible Rape and spent 3 years,…
What is a no Contest Plea? First, let’s take a step back and look at what a guilty plea actually is. When you plead guilty, you (1) admit to committing the crime, (2) admit that you have no defenses to your actions, (3) give up your right to contest the charges in a trial and…
The legislature enacted several significant changes to DWI sentencing guidelines for offenses committed on or after December 1, 2011. These changes, known as Laura’s Law, can have a serious effect on defendants charged with driving under the influence in NC. We have previously discussed Changes in North Carolina Sentencing and Probation laws that affect you. Today, we turn our attention to changes in North Carolina laws that took effect for offenses committed after December 1, 2011.
House Bill 324 remains in the North Carolina House of Representatives and provides that the possession of small amounts of Marijuana be reclassified from a misdemeanor to an infraction.
Much attention has been placed on the West Memphis 3 in recent years. Recently, an Arkansas judge allowed the three men to enter a plea agreement, known as an Alford Plea, whereby they essentially plead guilty but may still maintain their innocence. How does this work exactly? The Alford Plea arises out of a US Supreme Court Case that originated in North Carolina in 1970. What effect does an Alford plea have on you or your case?
In what is easily the largest set of sweeping changes to Structured Sentencing in NC since it was implemented in 1994, the legislature last year passed the Justice Reinvestment Act of 2011.
In this two part series, we will discuss what impact this new piece of legislation will have on you and your case. We will first discuss the Act’s impact on probation violation cases. Next time, we will see what impact the Act has on sentencing in your case.
You can read the first part of our post on DUI punishments here where we discussed Sentencing Guidelines in DUI Cases.
In addition to jail and/or fines, you can expect some other consequences to a DWI conviction.
- Community Services
- Community service may be available for Level 3, 4 or 5 offenders and is at the discretion of the court for Level 1 and 2 offenders. If you are ordered to serve community service, xpect between 24 and 72 hours which must be completed within a specified time frame.
So, you’ve been charged with DWI in North Carolina and you are wondering what your sentence will be? NCGS §20-179 lays out the sentencing guidelines judges follow in determining aggravating and mitigating factors in DWI sentences. From these factors, judges will determine the Level at which you will be charge. As always, if you need help in your criminal matter in New Hanover, Pender or Brunswick Counties, contact us. At The Nettleman Law Firm, our attorney are always focused on your rights.
Stopped by a police officer? Our clients often make mistakes in dealing with the police that have a seriously negative impact on their case. These mistakes don’t only happen after they are given their Miranda Warning. The following are our top suggestions for dealing with law enforcement: