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Tag: Judgement

Prayer for Judgement in North Carolina

If you’ve ever been in a North Carolina court, you may have heard of something called a Prayer for Judgment Continued (PJC).  When a PJC is granted by the judge, it is a small act of “mercy” from a conviction and resulting fines, but it is not a release without any possible adverse effects.

What is a Prayer for Judgement?

A PJC can be used by a North Carolina resident to reduce the impacts of a traffic violation.  Essentially, when a defendant driver uses a PJC, it means that he or she pleads guilty, with the understanding that the conviction is not considered “final” but is continued until an undetermined time.  This can be a “win” situation for the driver; however, there are restrictions and consequences to take into consideration when using a PJC.

When Can You Use a Prayer for Judgement?


A PJC can be used when trying to avoid points being added to your driving record or insurance record and sometimes to keep a “moving violation” plea from revoking your driver’s license.  It is typically used when a driver does not have a viable defense but wants to avoid some of the consequences of the charges.  However, if you have to pay a fine in addition to court costs the PJC has no effect and is treated as a conviction.

In North Carolina, the DMV can recognize two PJCs within five years without any points being added to your driving record.  Although you are not convicted of the crime, it will still appear on your criminal history, and most employers treat a PJC as a conviction.  

Insurance companies will allow one PJC every three years per household (all drivers on the same insurance policy) without any increase in premiums.

When Can’t You Use a PJC?

A PJC cannot be used for any charge against a driver with a commercial license or by any driver charged with DWI, passing a stopped school bus, or speeding in excess of 25 mph over the speed limit.

Additionally, if you are granted a third PJC within your five-year time frame, DMV will not consider the PJC and it will be a plea of guilty.

Is a PJC right for you?

Because of the limitations and possible consequences of a PJC, you should consult with an attorney before deciding whether it’s your best action.  It may be wise not to use all of your PJCs within the given time frame or to use in a case where no PJC was needed.  In most cases, an attorney can negotiate your traffic ticket to a lesser plea even when using a PJC.  

Contact us if you would like a free consultation regarding your traffic case.

Look for These Five Traits When Choosing a Lawyer

Whether it’s a minor traffic violation, real estate transaction, a will, or something more serious, there will likely be a time in your life when you will need to hire a lawyer. Having a great lawyer on your side is crucial to your case because they will be the ones primarily talking to the judge and persuading him or her to favor your side of the case as much as possible. Here are some qualities you should look for in a lawyer to best represent your case:

Strong Speaker

Your lawyer’s main objective is to communicate your case to the judge, jury, and your opposition clearly and favorably. To do this, he or she must communicate with you before the hearing to get the most relevant information about your case and the possible approaches to use, and how much will be required of you in the hearing. Lawyers must know how to articulate well and become comfortable talking in a hearing to prevent the court from believing there are any lapses or inconsistencies in your case.

Great Listener

A great speaker can only be so great if they don’t know how to listen well. Communication is “the imparting or interchange of thoughts, opinions or information.” To speak well, your lawyer must know exactly what to communicate. Good listening helps your lawyer understand your side of the case that he represents, answer any question the judge might have during a hearing, and possibly find faults in your opposition that could strengthen your case. When you’re interviewing lawyers for representation, there are a few indicators you can watch for: the attorney is responding and engaging with you during your conversation, they aren’t lost in their notes or distracted by their phone, and they are asking probing questions to get more information.

Relevant Experience

Because legal issues cover almost any subject where two or more parties exist, some lawyers might not be versed in your certain situation and may not be very helpful to you. Research to see if the lawyer you are considering has covered cases in the past that are similar to yours because their experience could greatly help you as they enter a familiar field with you and will relate to your case more. Like with any business, read reviews from past clients or rely on recommendations from people you trust when seeking a lawyer.

Good Judgement

It is very likely that your case will have something unexpected come up no matter how much you and your lawyer prepared. Court dates are moved, new evidence is found, and other instabilities happen all the time in the justice system. It is times like these that you should trust your lawyer to have good judgment on what to do when long-term preparation is no longer an option. Your lawyer might even change their approach entirely in a very short period of time and very little preparation when circumstances change.

Dedication

The legal process can take a considerable amount of time to run its course; you want a lawyer that will represent you to the best of their abilities every step of the way. Depending on the severity, you and your lawyer might have to create an elaborate case for your side. Such circumstances require both you and the lawyer to be extremely dedicated to building the best case you can. Your lawyer should work to get as much information as possible to form a strong case for his or her client: you.

In the market for a dedicated lawyer to assist in your case? Contact the Kelly & West team today.