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Questions Answered by Philip J. Clarke III
1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: I got charged with larceny by employee and conspiracy and apparently they said the price was $53 my1st appearance monday

I’m 22 with a clean record never got in trouble before I just need help to get this stuff reduced

Philip J. Clarke III
Philip J. Clarke III
answered on Apr 10, 2023

Your clean criminal record, particularly at your age... but really at any age, should be one thing you always do everything within your power (that's legal) to protect. Particularly regarding your personal honor and trustworthiness. Unless you plan on winning the lottery or inheriting a... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: Am I looking to o some time if I have 3 class h felonies pending in North Carolina

Felony larceny of motor vehicle felony possess of stolen vehicle and felony obtaining property under false pretense

Philip J. Clarke III
Philip J. Clarke III
answered on Apr 10, 2023

For Class H felonies in NC you could get some active time if convicted of one, even without any prior criminal record. If the circumstances were not terribly bad, and looking at your record does not make the DA think you need to do some time, then this level felony allows for probation even for... View More

3 Answers | Asked in Criminal Law for North Carolina on
Q: If I took papers out on someone and decided to drop charges can I do that
Philip J. Clarke III
Philip J. Clarke III
answered on Jan 24, 2023

You should talk with someone at the district attorney's office as soon as possible, and let them know your reasons for not wanting to continue with the charges. Various people could be spending time on the case, so the sooner the better

It sounds like maybe you were the victim in a...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: Can I get charged with drugs if a detective let's me go after he seen I had drugs

The cop said he was a detective but didn't show a badge didn't do anything routine that they are supposed to do he said he works with the police department but not at it

Philip J. Clarke III
Philip J. Clarke III
answered on Dec 6, 2022

Simply, yes, very possibly. You included very few details. Can you get "Charged with drugs"? It sounds to me like you expect to be, or have already been charged with some kind of drug charge. If so, then you have your answer as to "charged". However, it is one thing to... View More

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: 6 FelonyLarceny by Employee. Guilty. No criminal records. Can I still avoid jail time? Can I do programs instead?

Hello. I really need your help and advice. I hope you can help me, please. I’m charged with 6 Felony Larceny by Employee at Walmart on November 21, 2022. Yes, I’m guilty of stealing 6 jackets (total amount around $150). I have no criminal records. I made a terrible human mistakes. I’m... View More

Philip J. Clarke III
Philip J. Clarke III
answered on Nov 28, 2022

Good that you see clearly your mistake. Good that you have no record and are not in jail. Since you are suddenly stealing I guess you are broke, so you need to ask that an attorney be appointed to represent you when you go to court -- an/or you might call a criminal defense attorney as soon as... View More

1 Answer | Asked in Civil Litigation and Contracts for North Carolina on
Q: I need to sue a structural engineer/ architect for breach of contract. The person did not deliver building blueprints.

Structural Engineer we hired agreed via a signed contract to provide building blueprints and specs for our renovation of our home this was to be completed in a specific time frame. We paid him 1750.00 up front and the balance to be paid upon receipt of the drawings. This has not happened. We would... View More

Philip J. Clarke III
Philip J. Clarke III
answered on Nov 28, 2022

I am almost exclusively practicing criminal defense law these days, but I do have prior experience with contracts and civil litigation, so maybe I can get the conversation started. A few questions that come to mind are: Have you spoken with or corresponded with the engineer? Is the engineer... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: What is the max jail time for an intoxicated and disruptive charge
Philip J. Clarke III
Philip J. Clarke III
answered on Feb 14, 2015

Intoxicated and Disruptive is a class 3 misdemeanor. The maximum jail sentence depends on the defendant's prior record level -- if 0 to 3 prior convictions then the max would be a fine only ; if 4 prior convictions then 15 days max., if 5 or more prior convictions then the max would be 20 days.

1 Answer | Asked in Criminal Law for North Carolina on
Q: A DEFENDENT IS GOING TO TRIAL ON CHARGES OF COMMUNICATING THREATS AND ALREADY HAS A PRIOR FELONY 6 MONTHS AGO ASSAULTING

A FEMALE. I AM THE PLANTIF , WHAT SHOULD I EXPECT IN COURT?

Philip J. Clarke III
Philip J. Clarke III
answered on Feb 14, 2015

From the perspective of a defense attorney: You should keep up with the case and make sure that you let the DA's office know in advance if you will not be available for court for some important purpose. You should be prepared to testify and tell the judge what really happened. And you should... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: When a lawyer tells u to bring 1500 and charges will be dropped what should I do when I'm innocent to start with

Also my daughter charged with same was told to bring 1000 hers would be dropped also with have been charged with same thing.

Philip J. Clarke III
Philip J. Clarke III
answered on Feb 14, 2015

I cannot answer for another attorney, but I would expect that most attorneys would make clear that they cannot guarantee the results in a case (as in charges being dropped), as that is something that ultimately requires either the agreement of the District attorney's Office or the ruling of a... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: Is it illegal for company to write checks that have no funds in the account at the time it was drawn

I was fired for not cashing a "Walmart check" a check is written out to us o company check they are then taken to Walmart because the bank they are drawn on won't cash because of lack of funds. We then are supposed to cash check and return cash to owner. Some of these checks have... View More

Philip J. Clarke III
Philip J. Clarke III
answered on Dec 3, 2014

What you describe sounds like it might well be illegal activity that you would be right to not to participate in. If you talk to a criminal defense attorney they might help you to decide what to do next -- like maybe reporting what is being done to police. You also might be implicated in a crime,... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: how is larceny by employee different from embezzlement
Philip J. Clarke III
Philip J. Clarke III
answered on Dec 3, 2014

This is like a law school question, and just like in law school I don't know if there is a good answer to it. As applied in the employee situation I think the two charges could be interchangeable in many, if not all, situations, and cannot tell you a situation where I am sure they... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: I need help with a expungement of a felony charge back in 1993 ?

And with dismissed charges off my record as well

Philip J. Clarke III
Philip J. Clarke III
answered on Dec 3, 2014

There is a possibility of expunging a non-violent felony conviction over 15 years old, but there are several conditions that must be met. There are different kinds of expunctions that may apply to your case. Your 15 year old conviction and your dismissals probably come under two separate... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: Do I need a criminal attorney for alleged theft by employee?

I have been accused of stealing one tablet from my work. No charges have been filed yet. Should I proceed to hire an attorney?

Philip J. Clarke III
Philip J. Clarke III
answered on Dec 3, 2014

Since no charges have been filed, you may not need to hire an attorney just yet, but since many good criminal defense attorneys offer free consultations, there is no reason why you should not at least speak to one or two. There are things worth considering when you know you are a suspect -- like... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: what is the statute for NC that has to do with trespass
Philip J. Clarke III
Philip J. Clarke III
answered on Oct 4, 2014

I would be glad to try and answer this question, but Trespass is a term that is used in a number of different offenses in North Carolina. You can commit trespass against personal property or against real property (land) or against a number of specific entities or on land posted for hunting etc.... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: Can you break this down and tell me what the violation to be charged with this would be?

General Statutes § 14-114. Fraudulent disposal of personal property

Philip J. Clarke III
Philip J. Clarke III
answered on Oct 4, 2014

This is a class 2 misdemeanor (next to the lowest level misdemeanor) and is set up to be quite easy to prove against the person accused.

The offense is for a person who has purchased some item on credit, with the seller or a separate lender having a security interest in the property. In...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: What is the Statute of limitation on communicating a threat
Philip J. Clarke III
Philip J. Clarke III
answered on Oct 4, 2014

Communicating a Threat is a class 1 misdemeanor. The statute of limitations for misdemeanors in North Carolina is two years with certain exceptions -- one being "malicious" misdemeanors. Because the elements of the crime of Communicating Threats do not include the state having to prove... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: I was charged with possession of cocaine, less than a gram 20 yrs ago I went to court was told it would be dropped if

I completed probation. I did everything right . I just found out I have a felony record what can I do

Philip J. Clarke III
Philip J. Clarke III
answered on Sep 22, 2014

Not disputing what you have said, but it is often difficult to remember all the details of something like this that happened 20 years ago. It could be that you did not fully understand how the case was being handled, or it could be that some detail was not attended to with the probation, or a... View More

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