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  1. #1
    Join Date
    Jun 2007
    Posts
    2

    Unhappy What Is A Guilty Plea With PJC Comeback?

    I have a disorderly conduct charge against me. What would entering a plea of guilty with a PJC comeback mean(in NC)? Can I enter a guilty plea and have the case later dismissed if I comply with the court's conditions which may include alcohol counseling and or treatment, fines, court costs, etc. Can a case be dismissed if I enter a guilty plea w/PJC comeback? I thought if you enter a guilty plea then you can't get an expungement or dismissal. Can a police officier later come back and charge me with other offenses for same night if they did not charge me that night? like resisting arrest, cursing, etc. They implied they might do that. I feel that I was raped/sexually assualted. I went to the hospital - had a rape kit done, now the cops say I was just partying and having a good time and won't further investigate the sexual assault case. The cop could have done the assault. I can't remember very much of what happened but according to the area of my body that was bruised - it was rape. So, because I am not pointing a finger to joe brown then there is no suspect - no case. It seemed like I was dreaming when the arrest and other events of that night happened. I'm worried if they do find any drugs in the test/samples they got from me they will say I did them willingly. Can they charge me for having drugs in my system? I'm really upset about this and can think of nothing else. please help. I am thinking I was drugged and that caused me to behave so extremely out of character - completely incoherent. So because I was victimized by a citizen I am also getting victimized by the police. Any suggestions?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: What Is A Guilty Plea With PJC Comeback?

    You got extremely intoxicated, engaged in a sex act, don't remember any of the circumstances, ended up being picked up for disorderly conduct by the police, were taken to the hospital where a "rape kit" was done, and now you not only can't recall the circumstances of the supposed sexual assault but are going so far as to accuse the police of possibly being the perpetrators? It is not the fault of the police that there is not presently a viable case to prosecute under those facts. If you can demonstrate that your intoxication was involuntary and it is possible to figure out who drugged you, there may be a case.

    A PJC is a "Prayer for Judgment Continued", which is a finding of guilt without the entry of a judgment. If that plea is accepted and you stay out of trouble for the specified period (and comply with the other terms and conditions imposed by the court) your conviction is not entered. If that happens, for most purposes you would not be regarded as having been convicted of the underlying offense.

  3. #3
    Join Date
    Jun 2007
    Posts
    2

    Default Re: What Is A Guilty Plea With PJC Comeback?

    Well, I know myself - it was not voluntary. And yes - people I did not know bought me drinks. I think I was set up. The bartender would not serve me any water when asked. He kept a tab open when I asked for my card back. Getting a witness - that is the hard part. I was thinking if there was date rape drug in my system the court would be more understanding as to the displayed behavior.

    as for the PJC -
    What do you mean by most purposes you would not be regarded as having been convicted of the underlying offense
    When would I be regarded as convicted of it?

    Would I have to answer yes If asked "“Have you entered a plea of guilty, a plea of no contest, or have you received a deferred prosecution or prayer for judgment continued to a criminal charge? If yes, please explain. " should the PJC for this misdeamnor was done and expungment processed? I keep seeing how if you do an expungement it still shows up somehow.

    Also, can other charges be brought up against me at a later date in relations to that night ?

    Thanks so much!

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Is A Guilty Plea With PJC Comeback?

    You would be regarded as convicted for whatever purposes your state legislature permits, at present or in the future.

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