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I found out that a “friend” used my information at a traffic stop for fictious tags, no insurance, no registration and no seatbelt when I started getting legal advertisements in the mail. I have talked to the DA and the Sgt for the SHP Trooper that issued the ticket. The DA office told me that... View More 
answered on May 10, 2018
GREAT INQUIRY. This happens more than you might think.
To be frank, the Trooper bears some responsibility to confirm the identity of the person to whom their issuing a traffic ticket or other criminal charges in NC.
One would expect that to include looking at a North Carolina... View More
We got pulled over and a passenger in my vehicle put a pistol under his seat. When the officer found it, they arrested him but gave me a citation for a misdemeanor concealed carry without a permit. Can I really be charged with this?
answered on May 10, 2018
GREAT QUESTION. That's certainly an interesting legal issue and fact pattern.
Normally Carrying a Concealed Weapon (CCW) in North Carolina involves some ability to access the weapon. Experienced criminal defense lawyers may refer to that as the "ability to control or dispose... View More
answered on Apr 9, 2018
Thanks for the inquiry. Normally DV complaints are filed as soon as possible after an incident.
bill
Does the CR number tell what county it was in or anything about the charges? I have no idea where to look except or the state of NC. Help please!
answered on Apr 7, 2018
Thanks for your inquiry.
CR actually stands for "Criminal Offense" in the Administrative Office of the Courts system. CRS refers to a SUPERIOR COURT criminal matter. IF stands for Infraction and IFS stands for Infraction Superior Court. CV or CVS are for CIVIL COURT matters.... View More
answered on Apr 7, 2018
That's a REALLY good question. It happens all the time in NC.
Taylorsville is in Alexander County. The DA's Office responsible for prosecuting criminal cases in that part of the state is based in Iredell County / Statesville.
Obviously the factual scenario behind the... View More
My fiance was arrested and charged with financial card theft and identity theft, 27 counts..she has no prior criminal record for anything..what kind of punishment is she looking at?
answered on Apr 7, 2018
GREAT QUESTION
Those are serious charges, not only because of the potential criminal court consequences in Stanly County, but also the long-term aspects of a FELONY criminal charge involving theft or dishonestly.
It makes it hard to find and keep a job. Identity theft legal issues... View More
answered on Apr 7, 2018
GREAT QUESTION
Actually, it's more complicated than just insurance issues. If convicted of that speed, North Carolina Department of Transportation / Division of Motor Vehicles (DMV) will SUSPEND the license.
Put simply, that's a big speed. It's a criminal charge... View More
This incident happened in Beaufort NC. Where I will be appearing in court. Husband did tell judge he wanted to drop everything but the judge told him he could not do that and he wanted to see us both back in court April 23.
answered on Mar 24, 2018
Normally one would expect one Costs of Court assessment. There could be additional fines.
Makes sense to talk to a lawyer because, with traffic tickets, there can be options including amendments to non-moving violations and dismissals, depending on the circumstances.
Obviously... View More
..."hands of one hands of all" should the defendent recieve the same sentence if victom testimony is that defendent at trial did not commit the crime?
answered on Mar 22, 2018
GREAT QUESTION.
It's not really up to the attorney to stop the trial. She or he can ask the Judge to stop the trial; but, normally that would be solely for the purpose of withdrawing a "not guilty" plea and possibly pleading guilty.
The State is NOT required to... View More
like if the kid had got expelled from his first school for supposedly saying they were gonna shoot up the school. and then it happened again at his other school.
answered on Mar 21, 2018
Yes.
Frankly, given all the school-related shootings, it's understandable that law enforcement take all threats seriously.
Put simply, it's against the law to Communicate Threats. It is entirely reasonable, if not expected, that an ARREST would be the end-result.... View More
The individual that falsely testified at someone's trial wants to step up with the truth but is afraid of getting charged with anything
answered on Mar 13, 2018
That person needs to speak with an attorney immediately. A lot depends on the facts and circumstances of the testimony.
While a GREAT question, the internet is not the best place to do that.
Thanks for the inquiry!
Bill Powers
North Carolina Criminal Defense
CarolinaAttorneys.com
So the charge is incorrect I believe. My actual speed is not on the ticket. Can I get a dismissal based on the incorrect charge?
answered on Mar 13, 2018
GOOD QUESTION. That depends; but, likely NOT.
Sometimes the speed is on the citation, but it's coded and/or otherwise hard to discern. And even if it's missing, the State could move to amend the citation up to the time of arraignment (and possibly even later in certain... View More
I received a letter in the mail today that my license is being suspended next week for an “out-of-state speeding conviction” I received in November of last year. I paid the speeding ticket in the allotted time at the beginning of December. What do I do?
answered on Mar 13, 2018
Really GREAT question; unfortunately, it's also a really complicated subject.
Under the Interstate Compact, North Carolina will give "full-faith-and-credit" for citations that would have revoked / suspended a license here, had the offense taken place in NC.... View More
answered on Mar 12, 2018
MORE INFO would help. By "DUS" I'm assuming the question refers to Driving Under Suspension. In North Carolina we normally refer to that as Driving While License Revoked or DWLR.
There also really isn't a legal delineation or special charge for DWLR 1st, 2nd or 3rd,... View More
Second court date missed need an attorney for myself and my brother who has a missed court date as well
answered on Mar 12, 2018
Because the inquiry says traffic tickets, additional information would be helpful. In Charlotte, normally there would not be in order for arrest on a simple speeding ticket or something more minor like that.
There is a process in Mecklenburg County for adding cases back on.
Bill... View More
I recently got a copy of a police report dated back in 2009, but it states that a "warrant would be issued." I dont know why the police wrote that on there! In 2009, I called the police for domestic violence and they claimed that I lied when I didn't. They took me to the police... View More
answered on Mar 8, 2018
BEST to talk to an experienced Criminal Defense Lawyer where the Warrant for Arrest has been issued.
These things tend to be a bit complicated.
Many, if not most, defense lawyers in NC give free advice to start. We call that a free, confidential consultation.
GREAT QUESTION... View More
Received a community grant for home repairs. General contractor hired someone to spray my house for termites. This was Oct of 2017 and I have not been able to live in my house since. The chemicals cause me to cough, wheezing, eyes watering, and headaches. Call state in it was determined the wrong... View More
answered on Mar 8, 2018
You need help from a CIVIL LAW attorney, preferably someone experienced handling Breach of Contract and Negligent Performance of a Contract legal issues.
Sorry to hear about your house!
Bill Powers
this is my 3rd charge. The first charge i was placed on deferred prosecution and second one was dismissed because i was innocent. Now this one they are saying if im convicted i could get 39 months of jail time.
answered on Feb 26, 2018
Felony Larceny charges are quite serious in North Carolina. In addition to any sentence imposed by the Court, if convicted, there are possible long-term It’s a quinces.
Crimes of dishonesty, or what lawyers call offenses of “moral turpitude,” can make it very hard to find a job in... View More
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