Maybe, but if you are asking this question, you probably are not going to jail. If you charged with a crime serious enough to land you jail time, you probably already know there’s a chance you may spend some time incarcerated.
What Can I Go To Jail For?
If you are a first time offender in North Carolina and you are arrested for a misdemeanor, you can go to jail if you are convicted of:
2. A1 Misdemeanors, such as Assault on Female or Assault on a Government Official
3. Felonies, Level H and above
What Can’t I Go To Jail For?
Basic speeding tickets (although very high speeds you could), a first time marijuana possession conviction, driving while license revoked non-impaired, shoplifting, littering, and other Class 3 misdemeanors if you are a first-time offender.
What If I Have Been Convicted Before?
You then want to refer to the NC misdemeanor sentencing chart and felony sentencing chart. It is possible for the court to convict you of multiple things in one day, such as possession of marijuana and possession of marijuana paraphernalia and only receive one sentencing point. If you have multiple misdemeanor charges stemming from more than one situation, your defense attorney may try to “globalize” the charges by combining them all into one courtroom so you only get one sentencing point. However, this requires consent from the assistant district attorney, requires you plea to something, and the judge must approve the plea agreement.
Can I Get Probation?
Maybe. It depends on many factors, such as the deal worked out with the assistant district attorney, the judge, and the facts and circumstances of the crime committed. Some convictions require probation even if they do not appear to on the sentencing chart.
Will I Go To Jail For A DWI?
Again, maybe. It depends on how bad the DWI was, meaning how high was your blood alcohol concentrate, was there an accident, were there injuries or property damage, and how many times you have been convicted before. For low level DWIs, you can generally do community service in place of jail time.
What Is Jail Like?
It entirely depends on the county. For the most part, the food sucks (although Johnston County’s jail food is apparently relatively fairly decent; Wake’s is not). Some counties do not allow inmates to go outside simply because they do not have an area for it (Johnston County). Some counties have brand new jails that are fairly clean (Wayne County). If you are facing jail time, your criminal defense attorney will prepare you the best he or she can for what it’s like.
So Am I Going To Jail Or What?
Call me and we will look at your criminal history (if one exists) and your current charges and I will let you know what North Carolina law says about it. I have handled a multitude of cases where the defendant faced jail time;I have also made more pre-conviction jail visits than I can possibly ever count. You can reach me quickest at (919) 880-2124.