If you are placed on probation for carrying concealed weapon.: If you are placed on probation for carring a concealed weapon. Then you become a ASCONDER.. Now you going to court for carring a concealed gun and misdemeanor probation viol.While on probation you get a DWLR and misdemeanor possess marjuana up to 1/2 oz. He was suppose to be off probation in April of the year but he must have not been reporting to his probation officer. Then he become a asconder for a few months but they finally found him. He has had other charger in the pass such has simple assault/affray in 02 and Misd B&E in 01.. This is his second time on probation. I just want to know what may the out come be.
A. Patrick’s answer:
The judge has discretion regarding the sentence and the outcome will depend on the reason why he became an absconder. In a situation like this, the probation officer typically will recommend revocation, i.e., that his probation is terminated and his suspended sentence is activated. However, the judge could choose to extend the term of his probation or place him on intensive supervision as an alternative to sending him to jail. This might be an option if his attorney can show that he has been an otherwise responsible person (e.g., he has been gainfully employed or cares for a sick or disabled family member).
There are several possible outcomes in a situation like this and he should speak to an attorney as soon as possible.
18 yr old - 81 in 55 MPH Citation issued. What are options?:
Randolph County NC
Citation claims 81 in 55 zone. Have read multiple threads about this being class 2 misdemenor, possible suspension, etc. What is reduction to 9 over a possibility, what about improper equipment? What about PJC? Can/should we talk to the district attorney office before the court date? Driver has no other violations or accidents. Not sure we can afford attny but also can't afford what could be a 95% insurance hike.
A. Patrick’s answer: Whether the charge will be reduced depends on the circumstances surrounding the stop and arguments that your attorney can make on the driver's behalf. The same is true when it comes to the granting of a PJC by the judge. Since the consequences for this charge are serious, you would be well served to spend the money on an experienced traffic attorney.
Sister is 18 and received a citation for underage drinking. Court date in one month. Will this be on her record? Penalty?: My sister is in Chapel Hill this weekend and received a citation for underage drinking. She says that nobody saw her drink but that an officer did a breathalyzer on them all. She says the citation says she blew a .02. What are the penalties for underage drinking and how long will this reflect on her record? Should we hire an attorney?
A. Patrick’s answer: This is a misdemeanor charge that will show up on her record. Unless it is dismissed and expunged, it will appear on her record anytime a background check is conducted. I would suggest you hire an attorney for this matter.