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Forms and Motions

Week in Review: Apr 12-16

April 16, 2021

Welcome to the Weekend Readers! This week OJD was busy with meetings and discussions while also planning some new material to share with you all. We’d love to hear some of your thoughts, needs and wants to better assist you in your day to day work in Juvenile Justice. No idea is a bad one and you can contact anyone in the office! TIP OF THE WEEK When Should I Receive the Disposition Report? You should try to receive the disposition report prior to the dispositional hearing to review with your c

Week in Review: Apr 5-9

April 9, 2021

Happy Friday Readers! First week of April down and it’s getting warmer outside. Not to mention, time for pollen. We hope you’re stocked up on allergy cures for Spring. Well, it’s time for another Week in Review, let’s get started! Tip of the Week Prior Record Level Matters If your client’s prior record places him/her in a position for the judge to enter a level 1 OR 2 dispositional level, ALWAYS argue for a level 1 disposition. You can find a copy of the disposition chart here. Make sure to chec

Week in Review: March 15-19

March 19, 2021

Happy Friday Readers! Short and sweet Week in Review for you today. We’re at the middle of the month and who doesn’t love getting to the weekend faster? Tip of the Week Transcript of Admission Filling out a transcript of admission on any admission of a new offense is important for several reasons. It memorializes the record of admission in writing if subject to an appeal. Reviewing the transcript with your client helps your client better understand the admission and the rights s/he is assertin

From a Lawyer’s View: Youthful Offenders – What to Do When Clients Want to Be Transferred

March 12, 2021

Who are youthful offenders? In the jurisdiction where I practice, we refer to 16-17 year-old clients who are subject to potential mandatory transfer to superior court as youthful offenders. This age group has its own special needs and challenges. One challenge is when your client either refuses an offer that will allow him/her to stay in juvenile court and/or requests transfer to superior court. We know from science that adolescent brains are not fully developed until approximately between the a

Week in Review: March 1-5

March 5, 2021

Happy March Readers! Can you believe we are 3 months into 2021 already? How is time flying so fast!? Well with each new month comes new opportunities and OJD is always here to help however we can. Let’s get you to your weekend with your Week in Review, Tip & some recaps! Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender Suppression motions and contested adjudicatory hearings – If the suppression motion is denied, object when the evidence is admitted at the adj

Week in Review: Feb 22-26

February 26, 2021

Happy Friday Readers! We’ve conquered the last week of February and ready to start new challenges on Monday, March 1, right? Right! A Monday and first of the month? Please! Just a little humor to get us going but as always, here’s to your week in review. Tip of the Week – Discovery The Juvenile Code has similar discovery rules to those followed in adult criminal court. Though Juvenile Court is in District Court, most jurisdictions understand that discovery transfer is a practice for both misd

Week in Review: Feb 15-19

February 19, 2021

Happy Friday Readers! We finally made it to the weekend, how good does it feel? Not to keep you waiting, let’s get right to it. Tip of the Week – Before You Plea Talk to your client about the impacts of an adjudication. While not as public as adult criminal convictions, juvenile adjudications may impact the following: immigration status, educational placement, housing conditions, eligibility to play sports, placement on a sex offender registry (in N.C. or other states) and others. Always cons

Week in Review: Feb 1-5

February 5, 2021

Happy Friday Readers! February is the shortest month in our calendar but what some like to call, “the real start to the new year, January is a test run.” February also brings Black History Month and we have some great shares coming your way this month, so keep an eye out on our socials! ANNOUCEMENT In a a week or two, OJD will be undergoing a bit of a makeover. Our website is getting a whole new look and feel to better fit the needs of a growing and changing audience. Please bear with us du

Week in Review: Jan 25-29

January 29, 2021

Happy Friday Readers!! It feels like January is taking forever to move on into February but hey! We’ll take it. This week was pretty quiet so let’s recap some of what happened. Tip of The Week Suppression motions aren’t often used in the District Court setting (outside DWI cases), however juvenile court offers many opportunities for suppression. The juvenile code outlines the procedure for filing a motion to suppress (§7B-2408.5) and it may be made either in writing before the adjudicatory heari

From A Lawyer’s View: The Kitchen Sink

January 22, 2021

Over the past several months, attorneys at the Office of the Juvenile Defender, the Wake County Public Defender’s Office, and my office (the Office of the Appellate Defender) have been strategizing on how to challenge automatic transfer from juvenile court to superior court. One other attorney – Katie Kerr – served as both scribe and generator-of-ideas. Katie helped move this process along and deserves a great deal of credit for pulling us over the finish line. The finish line, of course, are

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PO BOX 2448

Raleigh NC 27602

(919) 890-1650

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