Witt Law Firm Blog - Monroe NC Lawyer

NC Certificate of Relief

3/19/2022

In 2011, North Carolina adopted the Certificate of Relief mainly to help relieve individuals from some of the collateral consequences of having a criminal record. Mainly this helps those seeking employment or housing with a criminal record who are otherwise not eligible for expunction. A Certificate of Relief does not remove a conviction from a record like an expunction, but does remove many of the collateral consequences of having a criminal record.

This includes protecting a business from negligently hiring someone who has a criminal record. Shielding private companies from civil liability removes much of the stigma and risk they face by renting to or hiring someone with a record. Essentially you are more likely to get hired or more likely to obtain housing if you have a criminal record after obtaining a Certificate of Relief.

Requirements for Certificate of Relief

No more than 3 Class H or I felony convictions (multiple convictions in the same session of court only count as 1 conviction)
Must wait at least 12 months from when sentence completed including probation
No pending charges

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Coronavirus and NC Courts

4/4/2020

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Updated 12/16/2020

The Chief Justice of the North Carolina Court system has essentially postponed most normal court activity until June 1, 2020. Although the courthouse is technically open and court documents can still be filed as normal most deadlines and court dates for most cases have been continued. The main exception to this rule is Domestic Violence cases and certain ex-parte emergency child custody actions. Nobody knows for certain when the Covid-19 crisis will subside in NC or the country, but with a current lock down order in place for NC there is a strong likelihood that normal court business may not resume for months as effective social distancing inside the courthouse would be difficult to impossible.

The main points of the order issued April 2, 2020 are as follows:

Postpones court proceedings for a second time to June 1, 2020
Continues to direct clerks of court to post notices, such as the attached poster, at court facilities discouraging entry by those infected with COVID-19
Authorizes court proceedings to be conducted by remote audio and video transmissions
Directs attorneys and others without business before the court to avoid court facilities
Allows use of a sworn statement under penalty of perjury rather than notarization for court filings and oaths
Allows service of court documents by email
Extends the deadline for payment of most fines and fees by 90 days and directs clerks not to report failures to pay court debt to the DMV.

December 14, 2020 update

Chief Justice Cheri Beasley issued an order extending Emergency Directives 2–5, 8–15, 18, and 20–22 in response to the public health threat posed by the COVID-19 outbreak. North Carolina Courts will postpone non-essential, in-person court proceedings for 30 days, beginning Monday, December 14.

May 21, 2020 update

Chief Beasley issued a new Order dated May 21, 2020. Some of the main points are as follows:

Filing deadlines for criminal matters are extended until July 31.
Filings due pursuant to statutes of limitation or repose are extended until July 31.
Filings and actions due in civil matters that had been previously extended are due June 1.
No session of court may be scheduled if it would result in the public being crowded into courtrooms or waiting in close proximity without social distancing.
Senior Resident Superior Court Judges are directed to have courtroom seating and all areas where lines form marked with six-foot intervals.
They must also ensure that public areas of the courthouse are cleaned throughout the day and that hand sanitizer is provided at every entrance and exit.
Jury trials are postponed through at least the end of July.
Senior Resident Superior Court Judges are also directed to assess local court facilities to determine whether juries can be convened with social distancing. If not, they must secure alternate facilities for jury trials.

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Lawsuit Extension

1/20/2020

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Have you just been served by the sheriff or certified mail with a lawsuit in North Carolina and are freaking out about only having 30 days to file a written answer at the courthouse? Keep calm and realize you have the right to request a 30 day extension allowing you up to 60 days to file a written Answer to the Complaint with the Court.

The process is rather straightforward and no attorney in required to request an extension pro-se or without hiring an attorney. Many counties in NC have local forms, but a generic example in Microsoft Word format is provided below for your review that can be edited to match the caption and case number for your particular case along with a certificate of service.

How much does it cost to file an extension of time?

There is no filing fee to file a Motion and Order to extend time to Answer a lawsuit in North Carolina. This makes it a good practice to go ahead and file an extension of time in every lawsuit, but especially for credit card lawsuits as negotiating a settlement usually takes longer than 30 days and you certainly do not want to miss a deadline to file an Answer and lose by default!

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Car accident ticket in NC

10/7/2019

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A car accident in North Carolina often results in one or both drivers receiving a ticket for a moving violation. This can occur even though the officer was not witness to the wreck. A police report is generally not even admissible in court without the officer being present in court due to the hearsay rule. It is important to realize that pleading guilty to an accident ticket in NC is akin to admitting fault for the accident. With North Carolina being a contributory negligence State that mistake can preclude any opportunity to sue for your own damages even if the other driver was at fault.

After any accident it is important to immediately notify your insurance company to make sure you comply with your contractual duty or else you may provide your insurance company an opportunity to deny your coverage. Most DA’s are willing to dismiss the ticket after your insurance company provides a letter accepting liability and paying for any damages incurred by the other driver.

Can you get a ticket after a car wreck in NC?

At fault drivers often receive a traffic citation for an accident adding insult to injury. Some of the following are the most common tickets issued as a result of an accident:

Failure to reduce speed
Failure to yield
Driving left of center
Unsafe movement
Red light violation
Exceeding safe speed
Reckless driving
Failure to report accident
Hit and Run

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Under 21 DWI in NC

9/8/2019

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Updated 3/14/2021

The Blood Alcohol Concentration or “BAC” limit for drivers under 21 in North Carolina is 0.00. This “zero tolerance” for underage drinking and driving is deterrence to the extreme. To further this end, a conviction of “driving after consuming” under NCGS 138.3 will result in a one year license revocation just like a DWI. This means a 20 year old who only had 1 sip of beer and blew a 0.01 can lose his or her license for a year. If the underage driver is suspected of being impaired they will also be charged with DWI as well.

DWI vs Driving after Consuming in NC

The "Driving after Consuming" charge only applies to those under age 21, and does not require any actual impairment due to alcohol. In fact any BAC of 0.01 or above can result in the charge. Someone under age 21 can be charged with both DWI and driving after consuming if they were in fact impaired. A DWI charge is basically automatic for a BAC of 0.08 or above. Each charge for first time offenders is a misdemeanor with similar consequences despite DWI having its own special sentencing guidelines.

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