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Questions Answered by John D. Pritchard
1 Answer | Asked in Criminal Law and Juvenile Law for North Carolina on
Q: ln NC State will you go to jail for this. A 24 year old dating a 17 year old, both females and had sexual relation.

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John D. Pritchard
John D. Pritchard
answered on Nov 7, 2024

Probably not.

The age of consent in North Carolina is 16, so a 17 year old is considered legally able to consent to sexual activity.

There are always exceptions. For instance, if the 24 year old were a teacher or coach at a school and the 17 year old was a student at the same...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: Can I be charged with drugs found in a drug raid but the house is not in my name or was not found on my person
John D. Pritchard
John D. Pritchard
answered on Oct 17, 2024

The short answer is yes.

To charge someone, the police only need probable cause, which is the same standard the State needs when it seeks an indictment from a grand jury. Simply put, probable cause means something is more likely than not. It's not the same as the beyond a reasonable...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: I have a misdemeaner larceny charge. The cameras have me putting stuff back before I took again. Can that show borrowing

So I went and got their pressure washer then put it back for a day and took wheel barrow. Then came and got pressure washer next day. Can the fact I put it back for a day help argue I was borrowing it and it was stolen from me

John D. Pritchard
John D. Pritchard
answered on Jun 7, 2024

Maybe so. Larceny is the crime of someone:

1) Taking

2) Personal property

3) That is in the possession of another

4) Carrying it away

5) Without consent

6) With the intent to deprive the possessor of it permanently

7) With the knowledge that...
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1 Answer | Asked in Criminal Law, DUI / DWI and Native American Law for North Carolina on
Q: MY SON IS GOING TO COURT FOR HIS 2ND PROBATION VIOLATION IN NC. DO U KNOW THE AMOUNT OTF TIME THAT ENTAILS. HIS FIRST

VIOLATION HE RECIEVED 3 DAYS. THE CODE FOR HIS CHARGE IS 5083 15A-1345. HE HAS ANOTHER CHARGE IN CHEROKEE NC ON TRIBAL LANDS HE HAS 2 DUI CHARGES THERE AND ONE OF THEM THAT HE WAS CHARGED WITH HE WAS OUTSIDE THE VEHICLE WHEN THER OFFICER ARRIVED AND HE GOT CHARGED ANYWAY. ANY ADVICE IN THIS... View More

John D. Pritchard
John D. Pritchard
answered on Jun 7, 2024

If your son's probation violation is for absconding (running away and not allowing himself to be supervised) or for committing a new crime, it is possible his entire sentence could be activated and he would have to serve it. If it is for anything else (not paying money, positive drug tests,... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: If I have an attorney representing me in my case, can I hire a different lawyer in NC just for a Bond Reduction Hearing
John D. Pritchard
John D. Pritchard
answered on May 21, 2024

The short answer is yes, although it perhaps would be frowned upon and could affect one's ability to continue to argue that he/she is indigent. But there was an ethics question in 2022 about this specific issue, and the Ethics Committee specifically stated that such an arrangement is ethical... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: was driving I get pulled over the passenger had drug's on her but they charged her an I bouth with scl2 can I beat

I had nothing on me but they changed me to it was her but she try saying it was my I think

John D. Pritchard
John D. Pritchard
answered on May 20, 2024

The short answer is yes, you can definitely beat these charges. But it's not a slam dunk and you should get competent legal representation.

"Possession" has multiple meanings in the law. There is actual possession, meaning you had something in your hand or pocket....
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1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for North Carolina on
Q: If a person has been convicted of a federal felony, served their time but was wrongfully convicted. What can he do?
John D. Pritchard
John D. Pritchard
answered on May 20, 2024

There are three broad ways that a person can challenge a federal conviction, but none of those may apply to this situation.

First is the most common and widely understood--the person may appeal his/her conviction to the Court of Appeals. (And in rare circumstances, may appeal from there to...
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