Typically, dismissed without leave indicates that your case has been discharged by the court and cannot be reopened for that particular set of circumstances.
Tomorrow I meet with a detective and DA in NC. I'm going to be charged with breaking and entering (a grocery store) and larceny after the fact. It was a stupid mistake made out of desperation and I'll be returning the money during the meeting. I have no record and haven't done... Read more »
You need to immediately contact a criminal defense attorney in the county where this occurred - in fact, I recommend that you do so prior to any meeting with the detective and DA. The meeting itself is probably not the best idea. You will likely be arrested at this meeting. I highly doubt there is... Read more »
GOOD QUESTION
If dismissed, a copy of the Dismissal will ordinarily be in the official court file. In Charlotte, defense lawyers may call that the "shuck."
Indeed, the dismissal itself is often written on the front of the citation by the prosecuting attorney (the... Read more »
However, I was never read my Miranda rights when first arrested and never was until I was in front of the judge for my very first ever court date... a day later. I’m not sure what to do as this is my first ever run in with the law.
You should retain a criminal defense attorney. He or she may be able to make all the difference. Do not face this alone! Once the case is resolved, you could probably expunge it. Good luck!
A friend exchanged nudes on fb with 18yo girl then they stopped talking. The next day her "dad" calls and says she damaged his stuff because of the guy and she is really 16. He is demanding money via cash app biweekly now. What should be done?
block the "dad" and delete the photos.
They were on electronic monitoring when they left state and cut it off, there was no injury to property or person with the DUI but it was their 2nd offense.
Yes... Extradition for a Misdemeanor is lawful, but alot of States do not pursue them as a matter of policy. About the only defense in NC is identity.
My child works full time, is currently 17 years old, and I've been paying support for him his whole life. His mother and I separated when he was 2. We have a great relationship and will continue to but as he gets older he looks just like my former best friend. I will continue to be apart of... Read more »
The only legitimate reason to do at DNA test now at this incredibly late date would be simply to know the truth. If the child is 17 and you plan to be a part of the child's life regardless of the result, then logically speaking, doing a DNA test now is likely a bad idea and just a waste of... Read more »
I need to know what i do next to prevent myself from going to jail and also making my insurance go up to $500 .
The short answer is to hire a local traffic attorney in the area where you got the ticket. There may be something you can do yourself such as requesting a PJC or attending a Safe Driving Class for a reduction but these options can have unforeseen consequences based on your prior driving record and... Read more »
Stop posting what can be seen as admissions on public forums, and hope that they do not press charges if they do get an experienced defense attorney.
Stepson still rental last night wrecked it and totaled it don’t have renters insurance
A North Carolina attorney could advise best, but your question remains open for four weeks. It might be a longshot, as you were not the operator, but if you rented through a credit card, you could look into whether the card offered any type of protection. If you have a vehicle, you could look into... Read more »
No, but should you be charged with the crime, and the search is found it may be used against you as evidence.
My husband and I are legally separated and working toward a divorce. He is an illegal alien and has no driver's license. He is in possession of a 98 Toyota Corolla that is in my name, but he is the one that paid for it (while we were married). He claims it is his because he bought it, but... Read more »
Of course not - this is a civil domestic issue not a criminal one - police will likely not assist you. However, if you have a key and can get to it without breaching the peace, you can go get it yourself. You have as much right (likely more right since it is in your name) than he does. The fact... Read more »
my nephew was in a car accident, he is 18 and was scared. he got tboned on driver side then on right side then got hit in rear end and flipped. My nephew ran to a bulding close by but went back to scene and turned himself in before cops ever got done investigating it. He was charged with felony... Read more »
This is a subjective question. To normal average people - it not only looks incredibly bad and will likely ruin your life if convicted - it is in fact objectively bad as well. To other criminals or young people who don't know any better, it may look like you earned some badge of glory. You... Read more »
Frankly, yes I want his arrest to be a problem for him. We're fighting for custody so isn't that the game we're playing? "I'm better fit than you" No blame-game here (I made the decisions that led me here) but he is painting a inaccurate picture. Simply put - in the... Read more »
If he was charged but not found guilty, that isn't really a problem for him. Courts care about convictions, and sometimes about pending charges, but don't care about charges which were dismissed or where the person was found not guilty.
A judge isn't going to care about... Read more »
My son's father alleges that I am "on probation for felony conviction" and that is true. However, that is misleading (in my opinion) because he was actually charged with the same crime and arrested with me - just I was convicted and he was not (I was on probation so I was in a bad... Read more »
Essentially want you are saying is you want his arrest to be a problem for him when it is convenient or beneficial for you - this is likely not gonna fly with the Court. Another way to think of it is, regardless of what you believe to be true, do you really want to present evidence in court that... Read more »
The person working the desk also the owner said he wasn't offering the posted weekly rates that are taped in the office window due to covid-19 which should have been $225. Instead he said I would have to pay the nightly rate and charged me $45 per night for 7 nights which totaled $315. He is... Read more »
A North Carolina attorney could advise best, but your post remains open for two weeks. It might not necessarily be false advertising - it's possible it could be an oversight resulting from changes in day-to-day operations that the pandemic has forced upon small business owners. There could be... Read more »
I shouldn't even have this out on me but because I found out my wife was cheating on me and I told her I didn't want to get back with her she took my kids and went and put a restraining order on me. I did not realize the punishment if you did not show up to the court date but I was not in... Read more »
I am answering this question as it pertain to NC law, even though you appear to be from VA. Yes, it is possible to get a Domestic Violence Protective Order (DVPO) "continued," although I don't think this is what you are really trying to answer.
To get a DVPO, the plaintiff... Read more »
21 U.S.C. Sec. 846 the section of the United States Code (U.S.C. or federal law) that defines a drug conspiracy and the penalties associated with a drug conspiracy. It says: "Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same... Read more »
The driver of the car did have weed on him which I had NO IDEA about bc he was just giving me a ride
Unlikely. Possession of Marijuana Paraphernalia in North Carolina is a class 3 misdemeanor which is punishable by court costs and a fine for most people. People who have very significant misdemeanor (5 or more prior convictions) criminal records are eligible for active sentences of up to 20 days... Read more »
You seem to be referencing your "discovery." Discovery is the material provided to you (through your lawyer) by the prosecutor's office in the state or federal system. The Motion for Discovery is the method by which the lawyer requests that discovery be provided. People often... Read more »
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