Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Philip J. Clarke III

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 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 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 be... Read 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 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 judge... Read 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 been over... Read more »

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,... Read more »

1 Answer | Asked in Criminal Law for North Carolina on

Q: how is larceny by employee different from embezzlement

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 couldn't.... Read 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 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... Read 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 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... Read 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 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.... Read 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 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...
Read more »

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 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 malice, I... Read 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 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... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.