And didnt take it away
answered on Jun 5, 2018
Too complicated for a general answer on Justia. Talk to an experienced criminal defense attorney.
Most lawyers in NC provide a free intitial consultation.
Bill Powers
CarolinaAttorneys.com
answered on Jun 4, 2018
It's hard to imagine an instance where a lawyer wouldn't help, especially if there is already a suspension or revocation.
Put simply, talk to an attorney.
Many, if not most, criminal defense lawyers offer free consultations. As such, it doesn't cost anything to call... View More 
When I was 19 I was charged with a felony 90-95(a)(3) offense, completed the 90-96(a) program and the charge was dismissed. Now I am filing form AOC-CR-266 for an expungment. There are three options I need to choose from, pursuant to 15A-145.2(a), 15A-145.2(b), or 15A-145.2(c). After reading these... View More
answered on May 30, 2018
Filling out legal documents is what lawyers do. Best bet: Retain an attorney.
answered on May 29, 2018
That SEEMS to be a South Carolina statute: https://www.scstatehouse.gov/code/t17c025.php
No one can quote a legal fee without knowing more about the case and the services to be provided.
More info needed
Bill Powers
Charlotte Criminal Defense Lawyer
I signed the penalty assessment. I am 54 years old and have had a clean record for years. How can I contest this ticket? I even called the NM DMV but got no where with them.
answered on May 29, 2018
You'd probably be best served talking to an attorney in New Mexico who has substantial experience handling citations. If you paid the citation, it may be difficult to set aside. Obviously, each case is different, so it makes sense to retain counsel immediately.
The bigger questions,... View More
The cops came to my house looking for brother asking a statement from him. They said they dont have a warrant but if he doesnt talk to them they will get one. This is about a shooting. What are his rights (hes 17) ? Is this a trick to take him to jail?
answered on May 23, 2018
Lawyer up. They can't get a warrant to force a statement. They can get a Warrant for Arrest, if there is probable cause and it's issued by a proper judicial official. They may also get a Search Warrant, again with proper grounds (normally via oath or affidavit) to search for something.... View More
My Probation Officer has been changed 7 times & my PD had a deal worked out with the others. I have a new probation officer now who wishes to send me to prison. Now that the circumstances have changed I’d like to hire a private attorney.
answered on May 22, 2018
Clearly you can ask for more time, the question is whether s/he will grant a Motion to Continue.
It would be better to have private counsel retained and in place BEFORE court.
Best bet: Retain legal representation without delay.
Good question! Best of luck to you.... View More
My roommate on probation I carry a gun her p.o requires her to move I'm disabled and need the help she provides can I get such an order for her to live in a house where some one else is armed ,
answered on May 21, 2018
More information is likely necessary to answer the question. It SEEMS like the inquiry is whether the Probation Officer can require the person on probation to live somewhere where there aren't guns.
That's certainly an interesting fact-scenario, especially nowadays, when... View More
I have only 1 other ticket which was in York County SC for running a stop sign. I need my car for work and cant afford to lose my license. If i am able to use a PJC how would I use it?
answered on May 21, 2018
Gaston County is a pretty conservative judicial district. That's a speed where, if convicted, there would be a license suspension.
Frankly, a PJC may not be the best way to go and one should not assume a judge in Gastonia would enter a prayer for judgment in their discretion.... View More
answered on May 16, 2018
That's serious and deserves the careful attention of an experienced attorney. There are both criminal and family court ramifications that could potentially involve a DSS / Child Protective Services investigation.
While JUSTIA is a great forum to get general information, given the... View More
I was pulled over for not having my turn signal on. Cop was following too close was honking at me and finally stops. He pulls me over doesn’t tell me who he was except that he’s an investigator since he was in an undercover car. He ask for my information i didn’t have my
License on... View More
answered on May 15, 2018
Well, gracious. That certainly is problematic.
Those are serious allegations that could have long-term consequences to your license and insurance premiums.
Best Bet: Retain legal counsel. Based on the inquiry, there are likely some legal options available.
Bill Powers... View More
answered on May 15, 2018
Interesting question. Probably need more info to answer.
The idea of a "first appearance" normally applies to new charges, not an Order for Arrest or Order for Forfeiture. Indeed, when missing court in North Carolina, it's not usual for the Judge to change the conditions of... View More
My federal probation officer searched my house and found keys to my cousin car in my bedroom. My cousin lives with me by the way but was not home at the time. They took the keys and searched the car and found ammunition in the trunk of the car. He violated my probation and had a warrant issued for... View More
answered on May 14, 2018
GREAT QUESTION.
It frankly deserves the careful attention of a FEDERAL CRIMINAL DEFENSE LAWYER. That is a complex area of law.
Probation officers, both in Federal Court and State Court are given BROAD discretion. Probation and 4th Amendment Search and Seizure Rights don't... View More
answered on May 14, 2018
Possession of a firearm by a felon is a SERIOUS crime. If this involves an IMMIGRATION matter, makes sense to consult with an immigration attorney immediately.
It may also involve FEDERAL CHARGES, specifically relating to the ACCA or Armed Career Criminal Act, which is a federal... View More
Shop has had my truck since January. Been back and forth between shop and insurance about getting supplement filed. Insurance never sent adjuster to look at truck and never sent one to the shop the entire time. Now that the shop has finished all repair work and was finalizing supplement, now... View More
answered on May 14, 2018
That's clearly a sticky issue. Probably best to contact someone in management, advising them of your problems.
Maybe the shop can help works thing out, especially if the adjustor said they were covering the costs.
answered on May 14, 2018
This seems like it might involve more than possession of a firearm or maybe even carrying a concealed weapon in North Carolina.
That's because the words "violent crime" or a "crime of violence" occasionally has meaning outside the criminal courts. Most notably,... View More
answered on May 14, 2018
GREAT QUESTION.
That sounds like a misdemeanor, either "unlawful concealment" or "shoplifting" case.
BUT, if it involved an alleged larceny by an employee, that technically would be EMBEZZLEMENT, which is a felony criminal charge in North Carolina.... View More
Over the week I was involved in a car accident. The other person involved is 100% responsible. I ended up calling her insurance company to file a claim. Now I have her insurance company contacting me to give them permission to release my car to them. Should I speak with a lawyer first & let... View More
answered on May 14, 2018
GOOD QUESTION
Talking to a lawyer, at least to get general information about how to proceed, is a good idea. Many, if not most, "personal injury" lawyers in NC give a FREE CONSULTATION. I put "personal injury" in quotes because an important consideration is whether... View More
we owned this vehicle for several years then gave it to my niece and she had it for about 6 months before the accident. Somehow control of the vehicle was lost and flipped over down into a ditch and exploded into flames. My niece's body was burned so bad they had to take dental records to... View More
answered on May 14, 2018
First, sorry for your loss. That’s such a terrible tragedy.
Product Recall and the associated liability cases are NOTORIOUSLY COMPLEX. There may be important statute of limitation issues involved.
As such, BEST thing to do is contact an attorney immediately.
Agai,... View More
answered on May 13, 2018
GREAT QUESTION, as speeding tickets and traffic citations in North Carolina deserve a careful analysis into insurance and DMV issues.
A clean record certainly helps; but, one needs to also consider "at fault wrecks" and prior tickets and accidents of other motorists on the... View More
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