Need Maximum Penalty Information

wjk3 · Jun 17, 2005

What is the name of your state? North Carolina

I received in the mail a Juror Qualification Questionaire today. As I am reading over it, there is a question that asks "Have you ever been convicted, either by your guilty or nolo contendere plea or by a court or jury trial, of a state or federal crime for which punishment could have been more than one year in prision?"

On the back it states that "One is disqualified from jury service only for criminal offenses punishable by imprisonment for more than one year, but it is the maximum penalty, and not the actual sentence, which controls".

That being said, I have one misdemeanor charge of indecent exposure from 2001 and one other charge (not sure of degree) for public consumption (open beer on street), in 2004.

The question I need answered is do either of these charges fall under the maximum penalty rule? IE: More than one year in prison?

I don't think they would be, but I am no lawyer and have tried to research this information on the internet by searching several ways and sites, and have not found this information.

Further more, if you answer Yes, you have to list the date of the offense, date of the conviction (or date of pending charge), nature of offense, the sentence imposed (if a conviction), and the name of the court. I have this information from a records check for the indecent exposure charge, but have no information from the open container/public consumption charge. What would be the best way to get this information for the 2nd charge?

Oh, and FWIW, I have 10 days to fill this out and send it back. So if at all possible I would appreciate a response as soon as possible.

Thanks very much in advance.

wjk3 · Jun 18, 2005

Why has no one replied?

Does no one have any suggestions as to where I could locate the information I am looking for? The maximum penalties for the offenses? Should I call the DA in the county in which the offense occured? Also, I was told originally that the indecent exposure charge would not be listed on my record because I did a prayer for judgement since it was my first non-traffic offense. But it is still listed on my record to this day that I know of, atleast from October 2003 when I had a criminal report run against me and unknowingly found out it was listed much to my disbelief. I have heard that you can contact the DA of the county in which the offense occurred and ask to have it removed? Is this true? Or should I submit a letter stating my request? I would really like the charge removed from my record if at all possible.

Thanks very much in advance again.

TYRIS · Jun 19, 2005

wjk3 said:
What is the name of your state? North Carolina

I received in the mail a Juror Qualification Questionaire today. As I am reading over it, there is a question that asks "Have you ever been convicted, either by your guilty or nolo contendere plea or by a court or jury trial, of a state or federal crime for which punishment could have been more than one year in prision?"

On the back it states that "One is disqualified from jury service only for criminal offenses punishable by imprisonment for more than one year, but it is the maximum penalty, and not the actual sentence, which controls".

That being said, I have one misdemeanor charge of indecent exposure from 2001 and one other charge (not sure of degree) for public consumption (open beer on street), in 2004.

The question I need answered is do either of these charges fall under the maximum penalty rule? IE: More than one year in prison?

I don't think they would be, but I am no lawyer and have tried to research this information on the internet by searching several ways and sites, and have not found this information.

Further more, if you answer Yes, you have to list the date of the offense, date of the conviction (or date of pending charge), nature of offense, the sentence imposed (if a conviction), and the name of the court. I have this information from a records check for the indecent exposure charge, but have no information from the open container/public consumption charge. What would be the best way to get this information for the 2nd charge?

Oh, and FWIW, I have 10 days to fill this out and send it back. So if at all possible I would appreciate a response as soon as possible.

Thanks very much in advance.

-Your above said charges are misdemeanors. Misdemeanors hold a penalty of one year in county jail. Their asking you if you have ever been convicted of a felony offense which would have a maximum penalty of over one year in a state prison facility.

If you want information, go to the court house where the charges were filed. They will have all the information on file.

Tyris

wjk3 · Jun 19, 2005

Thank you!

Thanks very much for the information. I no longer live in the city/county where the 2001 misdemeanor occurred, and the 2nd one is also out of town so I don't have a way to go to the court house to get the information. That is why I was looking online. I will look up the numbers to the respective courts and call them on Monday to see what can be done about getting them off my record if possible, or when they come off by themselves.

I was thinking they were crimes that were not punishable by prison time, but always better to be safe than sorry. I was just going to check Yes on the box and list them on the back to be safe if I didn't get an answer by the time I needed to send it back.

Thanks.
"Think about it really hard before you just do it."

JETX · Jun 19, 2005

wjk3 said:
I have one misdemeanor charge of indecent exposure from 2001

North Carolina statute:
§ 14‑190.9. Indecent exposure.
(a) Any person who shall willfully expose the private parts of his or her person in any public place and in the presence of any other person or persons, of the opposite sex, or aids or abets in any such act, or who procures another to perform such act; or any person, who as owner, manager, lessee, director, promoter or agent, or in any other capacity knowingly hires, leases or permits the land, building, or premises of which he is owner, lessee or tenant, or over which he has control, to be used for purposes of any such act, shall be guilty of a Class 2 misdemeanor.

and one other charge (not sure of degree) for public consumption (open beer on street), in 2004.

Per NC Statutes:
§ 18B‑301. Possession and consumption of fortified wine and spirituous liquor.
(f) Unlawful Possession or Use. – As illustration, but not limitation, of the general prohibition stated in G.S. 18B‑102(a), it shall be unlawful for:
(1) Any person to consume fortified wine, spirituous liquor, or mixed beverages or to offer such beverages to another person:
a. On the premises of an ABC store, or
b. Upon any property used or occupied by a local board, or
c. On any public road, street, highway, or sidewalk.
Penalty:
§ 18B‑102. Manufacture, sale, etc., forbidden except as expressly authorized.
(b) Violation a Class 1 Misdemeanor. – Unless a different punishment is otherwise expressly stated, any person who violates any provision of this Chapter shall be guilty of a Class 1 misdemeanor.

So, it would appear that the above are Class 1 and Class 2 misdemeanors. So, lets look at the punishment for them:

§ 14‑3. Punishment of misdemeanors, infamous offenses, offenses committed in secrecy and malice, or with deceit and intent to defraud, or with ethnic animosity.
(a) Except as provided in subsections (b) and (c), every person who shall be convicted of any misdemeanor for which no specific classification and no specific punishment is prescribed by statute shall be punishable as a Class 1 misdemeanor. Any misdemeanor that has a specific punishment, but is not assigned a classification by the General Assembly pursuant to law is classified as follows, based on the maximum punishment allowed by law for the offense as it existed on the effective date of Article 81B of Chapter 15A of the General Statutes:
(1) If that maximum punishment is more than six months imprisonment, it is a Class 1 misdemeanor;

(2) If that maximum punishment is more than 30 days but not more than six months imprisonment, it is a Class 2 misdemeanor;
Source: http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-3.html

wjk3 · Jun 21, 2005

Thanks for that information, I did see something about the indecent exposure on one NC site I looked at but it didn't say what class it was. I did find the North Carolina Offender Information web site where you can lookup people in prison and I did a search just for my own sanity and received no results.

(1) If that maximum punishment is more than six months imprisonment, it is a Class 1 misdemeanor;

(2) If that maximum punishment is more than 30 days but not more than six months imprisonment, it is a Class 2 misdemeanor;
Source: http://www.ncleg.net/EnactedLegisla...14/GS_14-3.html

Well I hope that the maximum punishment for the beer incident would be less than one year imprisonment. I did answer No to the question after I read the first reply before I read the second reply. I have not mailed it but was going to mail it today before I read the 2nd reply with the detailed information regarding the charges and imprisonment information.

I just read the link that you posted and based on what happened, I believe the beer incident would be a class 3 according to GS_14-3 because I was not arrested or imprisioned, I was issued a citation with a fine and sent on my merry way. The first misdemeanor I was arrested and put in jail for 3 days.

I will just mail it back anyways since it's already filled out and I signed and dated it.

Need Maximum Penalty Information

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.

wjk3

Junior Member

wjk3

Junior Member

TYRIS

Member

wjk3

Junior Member

JETX

Senior Member

wjk3

Junior Member

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential