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Prayer for Judgement?

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dyer

Junior Member
What is the name of your state? North Carolina

I was recently given a citation that charges me with "...willfully GIVE MALT BEVERAGE TO A PERSON WHO AT THE TIME WAS LESS THAN 21 YEARS OLD. (G.S. 18B-302(A)(1)"

Here are the URL's to the relevant laws on the NC General Assembly website:
http://www.ncga.state.nc.us/enactedlegislation/statutes/pdf/bysection/chapter_18b/gs_18b-302.pdf
http://www.ncga.state.nc.us/enactedlegislation/statutes/pdf/bysection/chapter_18b/gs_18b-302.1.pdf

The sections that obviously pertain to my charge are the following:

§ 18B-302.1. Penalties for certain offenses related to underage persons.
(a) A violation of G.S. 18B-302(a) or (a1) is a Class 1 misdemeanor.
Notwithstanding the provisions of G.S. 15A-1340.23, if the court imposes a sentence
that does not include an active punishment, the court must include among the conditions
of probation a requirement that the person pay a fine of at least two hundred fifty dollars
($250.00) as authorized by G.S. 15A-1343(b)(9) and a requirement that the person
complete at least 25 hours of community service, as authorized by G.S.
15A-1343(b1)(6).

and

...(g) Conviction Report Sent to Division of Motor Vehicles. – The court shall file a
conviction report with the Division of Motor Vehicles indicating the name of the person
convicted and any other information requested by the Division if the person is convicted
of any of the following:......(4) A violation of subsection (a1) of this section.
Upon receipt of a conviction report, the Division shall revoke the person's license as
required by G.S. 20-17.3.

Based on the above information, I have deduced that upon pleading guilty to this offense, I will most likely be sentenced to a $250 fine, at least 25 hours of community service, and will have my driver license revoked.

My questions are:

1. If I have 2 previous non-traffic misdemeanor charges, is it likely that I will be allowed to use a Prayer for Judgment?

2. If not, are my deductions about the penalties for pleading guilty accurate? What is the common outcome of a case like this in NC?

Any information would be greatly appreciated.
 
Last edited:


FlyingRon

Senior Member
Have you ever used the prayer for judgment continued before?
Since you have to plead guilty for PJC and it will count as a conviction in many cases, I would suggest strongly you consult a lawyer familiar with the court you will be tried in.

The standard first offense is 45 days probation, $250+costs, and 25 hours of community service. Subsequent offenses can get you 45 days in jail (and the fines and cs go up).
 

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