When Performance Matters...
Get a Former State Prosecutor working on your side
The Conner Law Office is committed to providing top quality legal services and professional advice to the people, organizations, and businesses of Cabarrus County, North Carolina, and surrounding areas. We welcome the opportunity to talk with you and to discuss how we may be of service. To make an appointment, please call 704-720-0595 today.
Pending Class I or H felony? Wait till December.
Why wait? The NC legislators signed a biill into law last week, S.L. 2014-119 (H 369), that broadened 90-96 laws and took things even further, authorizing conditional discharge for anymisdemeanor or Class H or I felony that would be eligible for a deferred prosecution. This broad conditional discharge authorization is set out in new G.S. 15A-1341(a4). As under the existing statutory deferred prosecution law, a defendant is eligible for a conditional discharge only when the court finds that (1) all victims have been notified, (2) the defendant has not been convicted of any felony or any misdemeanor involving moral turpitude, (3) the defendant has not previously been placed on probation, and (4) the defendant is unlikely to commit another offense other than a Class 3 misdemeanor. New G.S. 15A-1341(a5) grants similar authorization for defendants eligible for drug treatment court. The new law is effective December 1, 2014, and apparently may be applied to any conviction before the court on or after that date, regardless of the date of offense. While this means that if you have a possession of cocaine charge or felony breaking or entering, you can potentially now get a dismissal after successfully completing up to 2 years probation, it isuncertain whether the law will apply to charges such as DWI and low level drug trafficking Personally, I don't think it will apply to DWI's, but legislators didn't exclude those from this statute and I'm not sure what was their intent was in drafting this legislation other than to give second chances and drum up more money for the court system.