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Current 2014 Bedget Act changes reporting requirements on Court Cost Waivers

The Administrative Office of the Courts has new reporting requirements under the new state budget which is headed to the Governor’s desk.

ANNUAL REPORT ON CRIMINAL COURT COST WAIVERS

SECTION 18B.2.  Section 15.10(b) of S.L. 2011‑145 reads as rewritten:

SECTION 15.10.(b)  The Administrative Office of the Courts shall make the necessary modifications to its information systems to maintain records of all cases in which the judge makes a finding of just cause to grant a waiver of criminal court costs under G.S. 7A‑304(a) and shall report on those waivers to the Joint Legislative Commission on Governmental Operations by October 1  Chairs of the Senate Appropriations Committee on Justice and Public Safety, the Chairs of the House Appropriations Subcommittee on Justice and Public Safety, and the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by February 1 of each year. The report shall aggregate the waivers by the district in which the waiver or waivers were granted and by the name of each judge granting a waiver or waivers.

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On the Road, On the Water, Don’t Drink and Drive Campaign Results

The North Carolina State Highway Patrol along with the Division of Law Enforcement Wildlife Resources Commission released the totals for On the Road, On the Water, Don’t Drink and Drive campaign for the period of Friday, May 23 through Monday, May 26.

On the Road, On the Water, Don’t Drink and Drive campaign is a multi-agency initiative that is designed to combine law enforcement resources to ensure that all motorists can safely travel on highway and waterways during the summer months.

The totals are reflective of each agency’s collaborative enforcement efforts:

Highway Patrol:

  • Driving While Impaired:                     172
  • Provisional License Violation:            15
  • Other Implied Consent Violation:      45
  • Drug Violations:                                    25
  • Drug Paraphernalia:                              9
  • Seatbelt Violations:                         1,398
  • Child Restraint Violations:               133
  • Equipment Violations:                      372
  • Driver License Violation:                  931
  • Registration Violation:                      912
  • Other Violations:                             3,485

Total Violations:                                       7,497

Wildlife Resources Commission:

  • Operate While Impaired:                     23
  • Boating Citations Issued:                  529
  • Boating Warnings Issued:                 841
  • Boats Checked:                                6,727

Total Violations:                                         1,393

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NC Public Safety Launches Litter Free NC Campaign

At a press conference, Department of Public Safety Secretary Frank Perry kicked off the Litter Free NC campaign, and asked, “How many times have you swerved to avoid inanimate objects in the road such as broken car parts and shredded tires, or seen trash and debris flying out of an unsecured truck bed? At least one accident a day is caused by litter in the road.

Fst. Sgt. Jeff Gordon and Trooper Michael Baker have been on radio talk shows across the state telling listeners about the Litter Free NC campaign and reminding them to secure trash in their cars and truck beds, and to dispose of litter properly.  “People may think litter is a victimless crime, but it impacts people’s safety, security and well-being, as well as their pocketbook,” Gordon said. “Millions of taxpayer dollars are spent each year to pick up and remove roadside litter.”

In 2012, the State of North Carolina spent more than $16 million cleaning up roadside trash that filled more than 325,000 garbage bags, equaling seven million pounds.

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Davidson

Davidson County Criminal Defense Attorney

J.D. Byers is a Winston-Salem-based criminal defense attorney that represents clients across the Piedmont and North Carolina.  He represents clients in District Court and Superior Court in Davidson County at the Main Courthouse in Lexington and the Thomasville Courthouse.   If you have a pending case, you can contact us to arrange for a consultation.  You can also click here to confirm your court date through the state system.

In Randolph County, J.D. handles cases involving traffic offenses, misdemeanors, and felonies.  Potential misdemeanor charges for which you could require legal representation include:

  • Larceny
  • Assault and Assault on a Female
  • Possession of Marijuana
  • Possession of drug paraphernalia
  • Shoplifting/Concealment of Goods
  • Driving with revoked license
  • Failure to return rental property
  • Trespass
  • 50B Violations
  • Resisting a Police/Law Enforcement Officer
  • Communicating Threats
  • Possession of Stolen Goods
  • Prostitution

Potential felony charges for which you could require legal representation include:

Potential traffic infractions for which you could require legal representation include:

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Changes to NC Failure to Return Rental Property Law

The 2013-14 Budget Act makes a change to the North Carolina statute on failure to return rental property.  Before this change, it was a Class 2 misdemeanor to fail to return rental property to the rightful owner if the property was rented pursuant to a rental agreement with an option to purchase the property.  After this change, it is now a Class 3 misdemeanor to commit such a crime.

The pertinent bill section is:

SECTION 18B.14.(e)  G.S. 14‑168.4(a) reads as rewritten:

“(a)       It shall be a Class 2 misdemeanorClass 3 misdemeanor for any person to fail to return rented property with intent to defeat the rights of the owner, which is rented pursuant to a written rental agreement in which there is an option to purchase the property, after the date of termination provided in the agreement has occurred or, if the termination date is the occurrence of a specified event, then that such event has in fact occurred.”

To read the entire bill, go to http://ncleg.net/Sessions/2013/Bills/Senate/HTML/S402v7.html