Grounds to file a Motion for Appropriate Relief
What charges qualify for a Motion for Appropriate Relief?
Although a Motion for Appropriate Relief can be filed after serious felony convictions this article will focus on MAR by consent which usually involves lower-level crimes such as infractions and misdemeanors. Examples of convictions where the prosecutor may consent to a MAR are:
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
After any accident it is important to immediately notify your insurance company to make sure you comply with any contractual duty or else you may provide your insurance company an opportunity to deny 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:
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.
Although currently illegal, North Carolina seems to propose legislation to make weed legal on an annual basis. The latest attempt is NC Senate Bill 58 that would decriminalize possession of up to 3 ounces of marijuana for personal use. Those convicted in the past would even be eligible to go back and have their record expunged. WSOC TV 9 in Charlotte recently did an interview with NC House Bill 766 legislature sponsors who spoke of the need to unclog the jails with people charged with possession of small amounts of marijuana.
Is Marijuana legal under federal law?
Even though several states including Washington. DC have decriminalized marijuana in some capacity it is still technically illegal under federal law. At the moment the federal government appears to see the writing on the wall and is simply choosing to not interfere with states that have chosen to decriminalize personal use. Because of long standing federal law that could be enforced at any moment many banks refuse to work with pot dispensaries and hence most operate as a cash only business. In fact there is actually bipartisan support for the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act which would essentially allow states to decide the fact of marijuana within their borders. Both President Trump and Attorney General William Barr have signaled support for the legislation. Passage of this may embolden many states to act that were hesitant to openly defy federal law.