Eventually, he did find housing and was awarded custody of his 5-year-old daughter. This year alone, notes Bailey, more than people will be released from state prison in Buncombe County. Hensley, meanwhile, paints a darker picture. The comments section is here to provide a platform for civil dialogue on the issues we face together as a local community. Xpress is committed to offering this platform for all voices, but when the tone of the discussion gets nasty or strays off topic, we believe many people choose not to participate.
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Last Name Dennis. These Websites are Where you can Watch Anime! What is the New Mexico employment law: Get to know the New Mexico employment laws and find out your rights! Perform a Background Check for Anyone in Asheville. And although it's not typical, we can sometimes get tickets dismissed entirely, meaning that you will not even be required to pay court costs. Your Valentine's Day plans probably did not involve dealing with a traffic ticket; luckily they don't have to if you call us!
Contact our Buncombe County traffic ticket attorney this week February for a free case evaluation and a sweet deal on speeding tickets and other traffic infractions. And make sure to show some love to our Asheville friends participating in Go Local Week! This month, I had the privilege of serving as Editor of Trial Briefs Magazine, a magazine published by the North Carolina Advocates for Justice and written by trial lawyers for trial lawyers.
In this issue, a staggeringly talented array of authors provide insight and analysis on practice areas under the broader topic of LGBTQ civil rights issues. I invite you to read this piece and comment here. Thanks for visiting! How many NC expungements can I get?
Asheville criminal defense attorney Meghann Burke New expungement laws in North Carolina have given more Asheville residents an opportunity for a clean slate. The new laws, which took effect in December , are complex at first glance. One major change is in the number of expungements people can get in North Carolina. Expunging multiple convictions at once is generally possible if the charges in question were disposed of in the same term of court or in the same month period. This is only true of non-violent offenses. Therefore, if you were convicted of a nonviolent misdemeanor in December and of a nonviolent felony in June , it is possible that you could have both of these charges expunged from your record because they were disposed of in the same month period.
If you were convicted of both of these charges in December during the same term of court, you would also be eligible to have them expunged. People who have felony convictions must wait for 10 years before they can file for an expunction.
Misdemeanor convictions carry a 5-year waiting period before they are eligible for expunction. This contrasts with North Carolina expungement laws prior to December , when only one expunction was allowed in most cases, even when the charges in question were dismissed. This rule only applies if you have not been convicted of a felony since the charge s you want to expunge were dismissed. There may be some post-conviction relief available to you even in cases like this. Without the advice and skills of an experienced attorney, the expunction petition you file could bar you from seeking this relief in the future.
Contact our firm today or use the form below to discuss your criminal record with one of our attorneys. Tell us about your Asheville criminal charges for a free case evaluation. Asheville criminal defense lawyer Meghann Burke Thousands of Buncombe County residents have been able to clean up their criminal records by expunging dismissed charges or old convictions.
These shortfalls left many people struggling to find and keep a job or an apartment after their criminal case had been resolved. Many of these people found it hard to make positive change in their lives with old charges hanging over them. These changes have the potential to help thousands of people move on with their lives after being charged with a crime.
Here are the highlights of the new expungement legislation:.
The waiting period to expunge first-time nonviolent misdemeanor convictions has been reduced from 15 years to 5 years. This means that people who want to expunge misdemeanor larceny, drug possession, or other nonviolent larcenies still have a significant waiting period before they can have their charges expunged, but the wait is not as burdensome as it once was. Only non-violent misdemeanors that are unrelated to domestic violence can be expunged.
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The waiting period for first-time nonviolent felonies has also been reduced. The new waiting period is 10 years, as opposed to 15 years. Those who want to expunge felony convictions still must wait a long time; however, many people with felony drug convictions from or earlier could seek an expunction once the revised law goes into effect. People who have multiple dismissed charges or charges that resulted in a not-guilty verdict can now seek more than one expungement in their lifetime. Previous versions of the expunction law only allowed people to seek one expunction in their lifetime.
Even if the petitioner sought only to expunge dismissed charges, they were barred from doing so if they had already used their one expunction. Some of the old limits of the law still apply. For instance, people can only seek an expunction if they have not previously been convicted of a felony.
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Only nonviolent charges that were unrelated to domestic violence can be expunged. Special rules apply to expunging DWI charges. Sometimes there are other ways of asking the courts to order that old charges be erased from your record. For more information about the expungement process in North Carolina and how an attorney can help, contact us through the form on this page or call our Asheville law office at Tell us about your Asheville criminal case for a free case evaluation. Enter the type of charge, county, and anything else you'd like us to know.
How can I avoid getting arrested at a protest? Asheville criminal defense attorney Meghann K. Burke has been a turbulent year for North Carolina. Unfortunately, many people find themselves handcuffed and detained in jail when they participate in protests. You may have found yourself ticketed for disorderly conduct and hoping your disorderly conduct charge could be dropped.
Like other Asheville residents, you may find yourself questioning how you could be arrested for exercising your Constitutional rights. Not exactly. While every American has the right to peaceful assembly, this right is not without its terms and conditions. For example, the U.
If you are arrested at a protest, it will probably be for misdemeanor offenses like this, such as: First- or second-degree trespass Failure to disperse on command Impeding traffic Disorderly conduct Rioting Inciting to riot Unlawful assembly. Getting arrested is often a planned outcome of this type of protest. However, most people who show up to protests simply want to exercise their First Amendment rights without ending up in handcuffs or zip-ties. Some things to keep in mind if you want to avoid getting arrested at a protest: Keep back from entrances and exits of buildings Do not block hallways or corridors if you are protesting inside a building Do not damage any property.
This includes acts like marking or defacing buildings. Protests in these areas do not require a permit, whereas protests in streets do. Police can and often will remove protesters from government buildings. On July 1, a couple of new and notable laws came into effect. First of all, mopeds are now required to carry liability insurance. Roughly 28, North Carolinians rely on mopeds to get to and from work and school.
You still do not need a motorcycle endorsement on your license to drive a moped with an engine under 50 cc's. Yours truly enjoyed a cc Genuine Buddy for several years, and I can personally attest that the annual insurance premium is well worth coverage for damage and theft. If you currently have a moped under 50 cc's usually 49 cc's , be sure to contact the NC DMV to provide proof of coverage.
You'll receive an updated registration card in the mail. Also, a new late fee has gone into effect for people who forget to update their registration on time. Smart phone and online calendars are a reliable way to set a reminder so that you don't miss the renewal period. You can renew your plate up to 90 days before it expires online here.