North Carolina PJC Firearm Law
My cousin who lives in North Carolina was 18 at the time and was charged with Larceny of a firearm. He was given a Prayer for judgement continunence. It has been almost two years now since he recieved the PJC. He never recieved any papers or anything, he just had to pay court costs. The lawyer told him he was not convicted of anything. He said it was a felony but he was not convicted of anything. He purchased a gun almost a year after he recieved the PJC. I read online that a person that recieved a PJC that is a felony could not purchase a firearm. My cousin is scared now and doesn't know the laws about it or anything. What is a PJC? Can he still buy long guns if he has a PJC? And do PJC ever go away or can be dismissed?
Re: North Carolina PJC Firearm Law
Quote:
A Prayer for Judgment Continued, or PJC, is a possible disposition in criminal cases in North Carolina. A PJC is an adjudication of guilt by the court, without an entry of judgment. Therefore, a PJC is technically not a conviction because no final judgment has been entered, because in the traditional sense, a conviction is an adjudication of guilt accompanied by
an entry of judgment. However, in certain contexts, a PJC can be treated as a conviction. Whether or not a PJC may be treated as a conviction in a particular context is subject to change. There have been cases where a trial court has not treated a PJC as a conviction, and upheld by the court of appeals, only to be reversed by the Supreme Court.
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In most cases, other than the imposition of court costs, there is no penalty imposed. A PJC is usually obtained after a plea of guilty but sometimes a judge may enter a PJC after a not guilty plea after a finding of guilt in a trail. In North Carolina, a PJC is generally considered a conviction for most purposes but not for all. And, although a judgment has not been entered, theoretically a judgment could be entered and punishment imposed if prohibited conduct is discovered by the court after the judgment is continued. However, this rarely happens.
http://www.attorneydavidcollins.com/Article_PJC.html
the article goes on to explain that sometimes a PJC for Dismissal is given, with a new court date set for a year later. If during that time the defendant violates no other laws, the PJC is dismissed.
It is unclear what your cousin has, he should consult an attorney regarding his firearms rights.