Forms and Motions

Happy Friday Readers! Another week down in 2020 and we’re still all trying to figure it out. But no worries, OJD is here to help along the way. Before we get started, we take a moment to recognize the importance of today, and remember those lives lost and the heroes from September 11, 2001. 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

Hello September! Who else is ready for sweater weather? Fall is approaching and all we can think about is hot coffee and comfy socks, of course while we continue working :D. Tip of the Week – What’s an Alford Plea? A plea under State v. Alford is where an accused will admit to responsibility in court, not because they believe they are guilty, but because they believe it is in their best legal interest to do so. While Alford is not explicitly afforded in the Juvenile Code, the Court of Appeals u

Happy Friday and the last weekend of August! Only 4 more months left in the year, how will you make them great? TIP OF THE WEEK Defenders – you have a statutory right to discovery in all of your juvenile cases (§7B-2300-2303). Don’t be afraid to use it! Some jurisdictions provide it without a motion, but it’s never bad practice to file your motion regardless. You can find a sample discovery motion and order here on our website. September CLE Friday September 25, 2020, 2:30-3:30 PM OJD is hosting

Another Friday in the books! Thanks for stopping by to read up on OJD’s week! And stay tuned next week for a brand new A Lawyer’s View installment! First, an Announcement from AOC: NCAOC’s Office of General Counsel (OGC) has provided legal advice and guidance to court officials around the State regarding remote juvenile hearings and confidentiality of exhibits. This is a brief FAQ regarding technology, sharing screens and other topics surrounding WebEx hearings in juvenile court. Please read the

Happy Friday Readers! As the meme above says, another good week done! Thank you for all that you do in these times with our youth and in your daily lives. We know things are a bit crazy and harder than normal for everyone. You rock! TIP OF THE WEEK Transcript of Admission Tips 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 cl

Good morning readers! It’s the last week in July, can you believe it? Is time flying by or is it just us? Let’s start your weekend off with a new OJD blog. Raise the Age Tip of the Week How Do I Know the State Will be Seeking the Gang Enhancement Against My Juvenile? Under current law, there is no process for notice to the juvenile and the juvenile’s attorney that the state is seeking the gang enhancement. As the juvenile’s attorney, you should consider the following: 1. Get a copy of the gang

Happy Friday Readers! Can you believe it’s the middle of the month already? Well, here’s to another week down with a tip, a couple announcements and an opportunity! TIP OF THE WEEK! If you have a client being held on a secure custody order – remember it’s the STATE’s burden to prove to the court, by clear and convincing evidence, that the juvenile should remain in custody AND no less intrusive alternative will suffice (§7B-1906(d)). That means it’s not the court counselor’s role! Ask the court

Happy Friday Readers! 2nd week in July done and over, but was plenty busy for OJD. Webinars, meetings, court, you name it! So here’s your weekly recap plus a great tip. Tip of the Week: Tip of the Week – My Client is in Detention… How Do I Find Them? There are currently eight detention centers in North Carolina: 1. Alexander Juvenile Detention Center in Taylorsville2. Cabarrus Regional Juvenile Detention Center in Concord3. Cumberland Regional Juvenile Detention Center in Fayetteville4. New Ha