BRIEFLY outline what are the steps (trial division, appeals processes, etc.) by which a
misdemeanor goes from original charge to disposition in the North Carolina Courts?
2. Same question for a felony.
3. A police officer activates her blue light and pulls over a motorist who is leaving a
convenience store parking lot at 3am. The store is closed but the pumps are open for
credit card purchases 24/7. After the motorist is stopped, it is clear that he is impaired.
The officer testifies that she activated her blue light because there had been a break-in
at that store four months ago.
Spot the issue and do a brief IRAC.
4. Your client is charged with Felony Breaking or Entering and misdemeanor possession of
less than one-half ounce of marijuana. His prior record is as follows.
Offense date Conviction date Conviction offense
12/15/2010 3/24/2011 Possession of less than one-half ounce Marijuana
2/20/2011 5/25/2011 Felony Breaking or Entering
5/10/2012 6/16/2012 Felony Breaking or Entering, Common Law Robbery
12/22/2015 5/14/2016 Driving While License Revoked non-impaired
Explain in detail into which sentencing box your client falls for each of the pending
charges, detailing how you came to that conclusion.
5. Briefly explain the sentencing process for Driving While Impaired in North Carolina.
ANSWER
In North Carolina, a misdemeanor goes through the following steps, namely;
arraignment, pre-trial motions and hearings, and lastly trial. The initial step is arrest and
arraignment, which depends on the arrest date. Secondly, the accused person and the attorney
prepare their evidence, which takes about 45 or 30 days during the pre-trial motions. The last
step is trial and the accused and the attorney must have a strong defense against the prosecution,
and during this time, the prosecution also tables its evidence.
Question 2
In North Carolina, a felony goes through different steps, namely, arraignment,
preliminary hearing, arraignment (again), pre-trial motions and hearing, and lastly, trial. First, if
it is a severe crime, under the North Carolina law, the accused must be arraigned with 48 hours
exclusive of non-business days. Secondly, the judge uses the preliminary hearing to ascertain if
the provided evidence is sufficient. Thirdly, if the judge determines that the evidence is adequate,
the accused is once more arraigned. Fourth, the accused lawyer table solid evidence to prove the
innocence of the accused and, lastly, after the pre-trial hearings and motions, the accused and the
court agree for a trial date, and appeals happen at this stage.
Surname: 2
Question 3
The issue is suspected theft and driving while impaired. However, a brief IRAC will
entail stating the legal matters, stating the pertinent facts and case laws, the next one is applying
the relevant rules to the facts that created the issue, and lastly is stating the probable conclusions
using the application section logic.
Question 4
The client may face $200 to $500 for possessing less than one-half ounce marijuana.
Secondly, the client can be sentenced for four or twenty-five months in felony breaking or
entering offense, and common law robbery. Lastly, driving with a revoked license has a penalty
of $200, and the client can be jailed for twenty days and, the rationale to select these sentence
boxes is because, they are stated in the North Carolina laws.
Question 5
In North Carolina, driving while impaired is a demeanor, and the sentencing court can
reflect on any evidence of any critical issues argued by the defense, which can be determined by
the judge or a jury. Thus, Sentencing can be separate or it can be included when the trial ends,
and in, either way, a judge or a jury can reflect on the evidence provided for sentencing.