Will pending misdemeanor charges for possession of weed, concealed carry without a permit and reckless driving prohibit me from obtaining my concealed carry handgun permit in NC?
GREAT QUESTION
The Concealed Carry Permit in North Carolina is largely controlled by NC Criminal Law Chapter 14-415.11 and N.C.G.S. 14-415.12.
In addition to certain conditions precedent regarding attending and passing coursework, some level of discretion is given to the Local... Read more »
I have a clean criminal background.
GREAT QUESTION
N.C.G.S. § 14-74 covers Larceny by Employee charges in North Carolina.
Ordinarily, that is a Class H felony. BUT, that is dependent on the amount at issue.
If the value of the money, goods, or other items that are illegally taken is $100,000 or more, the... Read more »
Good Question!
Larceny is a Class 1 Misdemeanor under NCGS 14-72. The maximum punishment for this offense for a person with no prior record is 45 days of Community Punishment. This means that you are probably not facing jail time, and at worst, will receive a fine and unsupervised... Read more »
16 year old bounced check warrant in NC. I live in another state right now. I just found out about the warrant. I hired a lawyer. He now has a court date for me. Being i now have a court date, does that nullify the warrant til court date? Also isnt there a statute of limitations on this. All also... Read more »
If you have already hired an attorney, the logical thing for you to do would be to call the attorney you hired. Asking questions on a public forum like this kinda defeats the purpose of having hired an attorney. As to whether the warrant is still active - sometimes they are stricken prior to the... Read more »
-conviction. Is there a way to have the outcome retracted, and original charges dropped? State of NC
GREAT QUESTION
The NC Criminal Laws have changed substantially over the last few years, giving some people the opportunity to clear their record.
In North Carolina we call that an "expunction" or "expungement."
There are limitations, expungements are not automatic in every... Read more »
If you don't transfer title within 28 days after sale of vehicle, NC G.S. 20-73 seems to indicate you are guilty of a class 2 misdemeanor. Does that mean if I go to the DMV and transfer the title now (including paying the DMV's late penalty fee) that I will have a class 2 misdemeanor on my record?... Read more »
No, you do not just 'magically' get a class 2 misdemeanor tacked onto your record. You'd have to be formally charged and then convicted and most DA's aren't interested in prosecuting someone who didn't realize they need to do a title transfer. If you go take care of your business the way you... Read more »
She repeatedly slapped my daughter in the face she had her by the throat. My daughter want to know if they will report her to dad she has to children that I believe may have seen it she is worried about the kids but that she will get in trouble for hitting her back
If daughter was not the aggressor and didnt start the altercation, and if she has injuries, then go to the magistrates office and take out assault charges. Nothing prevents aunt from doing the same thing.
Clearly this is an unhealthy family relationship, and I would sever contact until it... Read more »
Reported vehicle was stolen and filed false police report but the vehicle wasn't stolen
GREAT QUESTION
There are both felony and misdemeanor "false police report" charges in North Carolina, see:
https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-225.html
§ 14-225. False reports to law enforcement agencies or officers.... Read more »
Simple affray was the chosen charge for assailant. What legal options do I have
There are two different interactions with the law in this situation. The first is the criminal side which you mentioned. The state is in control of what charges to bring and the prosecution. It does seem like thet may have undercharged given then information provided.
There is also the... Read more »
I'm disabled on medications phenobarbital, synthroid, Fetzima, Latuda, Lanisapryl Armidiinil, sudafed, guaifenesin. Was sick with sinusitis. 1 concussion 7 months earlier caused by Rowan County sheriff's deputies and their supervisor. I was giving sobriety for over 1 hour. I have phenobarbital,... Read more »
If you were charged with DWi, your case is not really complex - you either drove while impaired or you did not. If you are asking can prescription drugs be the basis for the impairment, the answer is yes. You should consult with a local DWI attorney ASAP. Best of luck.
what can I say or do to help him when I am at court, can I say that I do not want to testify against him on grounds that I want to get back to together with him and do not want to compromise and happy home or do I pled the 5th . Also we have kids together he pays child support for child care is... Read more »
You need to be very careful and consider why, after what presum8is a short period of time, you are changing your position from seeking court protection from him because of your statements under oath of your fear of him, to expressing the exact opposite. You were either fabricating your statements... Read more »
I am 19 he is 21 we are parents of a 3 month old with a ton of bills and in process of buying a house I slapped him and he went to stay at his dads . My neighbor in apartment called cops I admitted to slapping him and I got a charge! I’ve never been in trouble how do we get this dropped!!
Speaking to law enforcement and admitting to a crime was a complete and total mistake. At this point, you need to hire a local criminal law attorney ASAP before you make matters worse than you already have. If you stop trying to handle this yourself and follow your attorneys advice and if your... Read more »
Her reason for the ungovernable charge was that I am disrespectful and I do what I want when I want. About ten days ago. She slapped me, so hard I couldn’t hear out of my ear. That entire side of my face went numb. Then I yelled at her that I hated her and hit her arm. When she called the police,... Read more »
You have a right to an attorney and one should be appointed to you.
Can someone other then her parent or guardian bail her out?
Anyone can post the bail money for a person. But be careful interjecting in this situation. If your sister is a minor, its unlikely they would hold her on much of a bond unless the charges were serious.
I am 18, I paid for my laptop 100% myself. We got into a disagreement, not for any disciplinary or responsibility issues. So she took my phone and laptop, I honestly need both for college and work. I have a project due this monday and if I can't access them my college grade will fail, I don't have... Read more »
Even though you may be able to do something, doesnt always mean you should. Part of being an adult is dealing with things maturely, even when others around you dont.
Why dont you try to have a calm nature discussion with your mother about what happened that lead her to " take" your laptop... Read more »
My ex inlaw told me I have 2 for failure to pay child support. How can I find out for sure & can I get rid of them without going to jail?
Hire an attorney.
There is generally a $175 court fee to file for an expunction. The fee for an attorney's assistance is going to range depending on whether you're entitled to statutory relief (will automatically happen depending on your age at the time a crime was committed and the age and nature of the offense)... Read more »
You can and should call the police. Who will find her and bring her back for you to discipline (unless you are an unfit parent - in which case, DSS will likely get involved). Whether or not charges are brought is not up to you. If charges are brought and she is convicted, a Judge will decide if... Read more »
Depends on the circumstances and facts surrounding the allegations. How bad was the assault? Was it on going? Were there long-lasting injuries? Were the kids present? Was a weapon used? Were alcohol or drugs a factor?
Only if you are served with it.
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