how to ask for a pjc in nc wwithout a lawyer

How do I obtain a PJC in North Carolina?

Depending on the facts of your case, our traffic lawyers can negotiate with the District Attorney's office in North Carolina, seeking to obtain a PJC on your behalf. If the DA's office is agreeable, requests for a PJC are then made directly to the sitting Judge after entering a plea of guilty/responsible to the original charge.

What does PJC mean in court in NC?

"Prayer for Judgment Continued" What is a PJC in NC? A PJC in North Carolina stands for Prayer for Judgment Continued. A "PJC" means a Judge continues judgment so that no finding of guilt is entered into the Court record.

Can a PJC be granted by a district attorney?

Not all States have PJC or something similar as an option, so it will be treated by another State may vary. Only a Judge may grant a PJC, not the District Attorney. This does not mean that DA in Court has no input as they can either recommend or oppose you obtaining a PJC in Court.

Can a judge Grant a PJC for DWI in North Carolina?

A Judge may not grant a PJC for DWI in North Carolina pursuant to statute. A Judge may grant a PJC for driving after consuming, which is basically someone charged with drinking and driving under age 21, who did not blow a 0.8 or above and therefore was not legally intoxicated.

When can you ask for Prayer for Judgement?

How Does a Prayer for Judgement Work? If you've received a traffic citation for a violation such as speeding, running a red light, or some other minor offense, you can plead guilty and ask the judge for a Prayer for Judgement Continued.

How does Prayer for Judgement work in North Carolina?

Unique to North Carolina, a Prayer for Judgment Continued (PJC) is often used in traffic violations. It allows someone to plead guilty and ask for a “Prayer for Judgement,” meaning the offense isn't entered against you. For example, you plead guilty to a speeding ticket, then ask for Prayer for Judgement.

How long does a Prayer for Judgement last in NC?

The North Carolina Division of Motor Vehicles allows two PJC's every five years for DMV purposes. Therefore if a third PJC is granted within five years it would be treated as a conviction.

Can you get a Prayer for Judgement for reckless driving in NC?

A Prayer for Judgement, or PJC, is something that is unique to North Carolina that only a judge can grant. Basically, this allows you to plead guilty to a crime, without having the plea entered against you, and you will only have to pay the costs of court, no other fines or fees.

How do I request a PJC?

The only way to get a PJC is to plead guilty or be found guilty and by that point the judge could deny your PJC request and simply find you guilty. Be careful you fully understand the consequence of accepting a PJC as it does appear on your criminal record despite what many are led to believe by their attorney.

How long does a PJC last in NC?

The North Carolina Department of Motor Vehicles only allows two PJCs every five years.

Is a prayer for judgment a conviction in NC?

In North Carolina, a PJC is generally considered a conviction for most purposes but not for all. And, although a judgment has not been entered, theoretically a judgment could be entered and punishment imposed if prohibited conduct is discovered by the court after the judgment is continued.

Can you expunge a PJC in NC?

Before you abandon hope it is sometimes possible to expunge a PJC. A Prayer for Judgement is treated just like a conviction for expunction purposes, so if you are eligible to expunge the charge as a conviction then you can proceed immediately with an expunction.

What is a prayer amount in a court case?

A special prayer is a particular relief that the plaintiff claims to be entitled to, such as actual damages, punitive damages, injunctive relief, and attorneys' fees.

How many times can you use a prayer for Judgement in NC?

An individual can use a PJC once every three years to offset insurance points and two PJCs every five years to avoid DMV points. In certain situations, you can use a PJC to avoid the consequences of a traffic offense, aside from the court costs.

What is the penalty for reckless driving in North Carolina?

Unfortunately, reckless driving is not the same as a traffic violation in our state. It is a Class 2 misdemeanor, and the penalties if convicted include a jail sentence of up to 60 days, fine of up to $1,000, driver's license suspension, and points on your driving record.

How many PJC are in North Carolina?

In North Carolina, you are only allowed 1 PJC every 3 years per insurance policy. Meaning that if someone else that is on the same auto insurance policy as you has used a PJC in the last 3 years, then you are not eligible for a PJC.

What is a PJC in North Carolina?

In North Carolina a prayer for judgment continued (PJC), is an option that is available with guilty pleas for certain crimes or infractions. A PJC can be granted by a magistrate (in some cases) or a judge. It Is available for traffic infractions and some misdemeanors. It is given at the Court’s discretion.

What to do if you get a traffic ticket in North Carolina?

Many times they are not even your second or third best options. If you get a traffic ticket in North Carolina, contact a traffic lawyer.

How much does a PJC cost in North Carolina?

While it may seem burdensome to hire an attorney in an effort to obtain a PJC, court costs and fines for a PJC are usually less than your original ticket, and range from $190.00-210.00. If you have any further questions about if a Prayer for Judgement Continued is possible in your North Carolina speeding ticket case, please call our traffic attorneys today so that we can seek to give you back your peace of mind. With offices all over the state and an innovative online process, we aim to be your go to solution, no matter where you are. iTicket.law - bringing the legal industry into the 21st century.

What is PJC in North Carolina?

If you have received a speeding ticket or a traffic citation in North Carolina, North Carolina, a Prayer for Judgment Continued or "PJC" may be a beneficial option to consider. Mostly unheard of outside of North Carolina, the Prayer for Judgement Continued is an antiquated concept found in North Carolina law that can be a used to resolve certain ...

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How often can you get out of jail in North Carolina?

Under the North Caroline Department of Insurance regulations, NC license holders are eligible to use this "get out of jail free card" once every three years.

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What is a PJC in North Carolina?

A PJC is a tool that North Carolina judges can use, as a matter of judicial mercy, to reduce the impact of a conviction.

How many mph can you go over the speed limit in North Carolina?

Notably, North Carolina law generally precludes an insurer from increasing your premiums for a single speeding ticket for less than 10 mph over the limit received in a three year period.

What is a PJC?

A PJC is primarily only available in cases of traffic and misdemeanor charges. It is useful whenever a person facing charges does not have, or chooses not to assert, a viable defense to the charges, but still wishes to avoid fines, assessment of points (license or insurance), probation, or any jail sentence.

Can a PJC be counted as a prior conviction?

While not technically a conviction, a PJC may still show up in a criminal background check and will likely still be counted as a prior conviction for purposes of determining your criminal history for any subsequent criminal convictions.

Can you use a PJC for DWI?

A PJC cannot be used for charges of Driving While Impaired (DWI), passing a stopped school bus, speeding more than 25 mph in excess of the limit, or by those holding a Commercial Driver’s License (CDL).

Have You Been Charged with a Traffic Offense in Raleigh?

If you’re facing an expensive speeding ticket or other moving violation, and you’re not sure if you should fight the ticket or petition for a PJC, reach out to our team today for a consultation and learn more about your options. Call us at 919-615-2473 or fill out the form below to get started.

What happens if you get a speeding ticket for driving 15 mph?

If you receive a speeding ticket for driving 15 mph over the speed limit in a school zone, you’re facing a $250 fine as well as court costs, points on your license, and a spike in your insurance rates. You can appear before the judge and petition for a PJC, and if granted, the fines aren’t imposed and there won’t be points on your license or insurance. You will, however, be required to pay court costs.

How often can you use a PJC?

They will only accept one PJC every three years per insurance policy. This means that if you, your partner, and your child are all on an insurance policy, only one of you can use a PJC during this period. If you have been granted a PJC, and your partner gets a ticket, they may not want to use a PJC because the insurance points from ...

What is a PJC?

A PJC is a legal device used in some misdemeanors and traffic violations where the Court does not enter a final ruling or conviction in a case, even after the individual has been found guilty or pled guilty.

What happens if you petition for PJC?

It’s important to understand that if you choose to petition for a PJC, you are essentially pleading guilty to your traffic violation and the judge may or may not grant you the prayer for judgement continued.

How fast can you go over the speed limit?

Excess speeding: You are found to be speeding more than 25 mph over the posted limit.

Do you have to pay a fine for a PJC?

Instead, if you have a PJC and receive an additional ticket or driving offense, you won’t have to pay the fine or receive license points from your previous ticket, even if a second prayer for judgement continued isn’t granted.

How long can a PJC be?

15A-1331.2. Under that law, the court shall not dispose of any Class B1–E felony by ordering a PJC that exceeds 12 months.

What is PJC in North Carolina?

A prayer for judgment continued (PJC) can serve different purposes.

Can a PJC be dispositional?

This relatively new rule obviously precludes a dispositional PJC for any serious felony. That’s not something you hear about very often in any event, but it used to happen from time to time.

What is the speed limit for PJC?

Under G.S. 20-141 (p), a driver charged with speeding in excess of 25 miles per hour shall be ineligible for a PJC.

Is a dispositional PJC mandatory in North Carolina?

In one important circumstance, a dispositional PJC is prohibited by case law. As Shea discusses in The Law of Impaired Driving and Related Implied Consent Offenses in North Carolina (p. 145–46), our the appellate courts have interpreted the sentencing provisions for impaired driving in G.S. 20-179 to be a “mandatory” sentencing regime that prohibits dispositional PJCs in DWI cases. In re Greene, 297 N.C. 305 (1979) (“We hold that the Courts at North Carolina do not have an ‘inherent’ power to continue prayer for judgment on conditions or to suspend sentence where the sentence is made mandatory by the General Assembly.”). Now, one could argue that all of North Carolina’s sentencing laws, not just G.S. 20-179, are “mandatory,” but cases like Van Trusell show that the Greene rule has been limited to impaired driving.

Is the Greene rule mandatory in North Carolina?

Now, one could ar gue that all of North Carolina’s sentencing laws, not just G.S. 20-179, are “mandatory,” but cases like Van Trusell show that the Greene rule has been limited to impaired driving. In 2012, the General Assembly enacted a final statutory limit on PJCs in G.S. 15A-1331.2.

Can a PJC be expunged?

A PJC is treated just like a guilty verdict for expunction purposes. This means sometimes it is eligible "as is" depending on the severity of the charge, the age of the defendant at the time of the offense, and and how many years it has been since the case has been closed.

How to expunge a PJC that is not eligible "as is"

Have your attorney speak with the DA about agreeing to dismiss the case.