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North Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Employment Law and Federal Crimes for North Carolina on
Q: I’m facing a larceny by employee class h larceny felony, I have no criminal record at all, was told there was video

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.

Ina Shtukar
Ina Shtukar answered on Feb 24, 2021

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!

1 Answer | Asked in Criminal Law for North Carolina on
Q: Fb pic exchange and possibly scam

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?

Ben Corcoran
Ben Corcoran answered on Feb 10, 2021

block the "dad" and delete the photos.

1 Answer | Asked in DUI / DWI and Criminal Law for North Carolina on
Q: Can police or constable from PA come to NC to arrest someone who skipped state for DUI charge?

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.

Anthony M. Avery
Anthony M. Avery answered on Feb 5, 2021

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.

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for North Carolina on
Q: Paternity established in virginia, child lives in maryland, 17, He may not be my biological child. Maryland? or Virgina

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 »

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 27, 2020

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 »

1 Answer | Asked in Criminal Law, Federal Crimes and Traffic Tickets for North Carolina on
Q: i got a traffic violation , I took the class driving class last year , and im also on probation . any steps to take ?

I need to know what i do next to prevent myself from going to jail and also making my insurance go up to $500 .

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 28, 2020

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 »

1 Answer | Asked in Criminal Law for North Carolina on
Q: There is a video of me shoplifting. They know who I . I have a felony larceny conviction from 2017. What do I do
Ben Corcoran
Ben Corcoran answered on Oct 27, 2020

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.

1 Answer | Asked in Car Accidents, Contracts, Criminal Law and Federal Crimes for North Carolina on
Q: What to do if rental car was stolen and totaled and didn’t think you needed insurance on it

Stepson still rental last night wrecked it and totaled it don’t have renters insurance

Tim Akpinar
Tim Akpinar answered on Oct 13, 2020

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 »

1 Answer | Asked in Criminal Law for North Carolina on
Q: Is it illegal to google what the punishment will be for a crime?
Ben Corcoran
Ben Corcoran answered on Oct 8, 2020

No, but should you be charged with the crime, and the search is found it may be used against you as evidence.

1 Answer | Asked in Criminal Law, Divorce and Family Law for North Carolina on
Q: If my ex has my car (car in my name) in his possession and won't give it back, can I have it reported stolen and towed?

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 »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 23, 2020

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 »

1 Answer | Asked in Criminal Law, Traffic Tickets and Car Accidents for North Carolina on
Q: how bad does it look getting felony of meth charge at 18 first drug charge ever

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 »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 14, 2020

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 »

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for North Carolina on
Q: *REPLYING TO HOUSER* I should provide more info. I don't understand your basis, or maybe I don't understand the courts

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 »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 10, 2020

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 »

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for North Carolina on
Q: Can I use someone else's warrants for arrest as evidence?

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 »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 8, 2020

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 »

1 Answer | Asked in Consumer Law, Small Claims, Criminal Law and Personal Injury for North Carolina on
Q: A hotel I am living at is false advertising I have filed a complaint with the doj is there anything I can else I can do?

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 »

Tim Akpinar
Tim Akpinar answered on Aug 10, 2020

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 »

1 Answer | Asked in Criminal Law and Domestic Violence for North Carolina on
Q: Can I get a continuance on a domestic violence order protection violation?

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 »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 10, 2020

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 »

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: What does case number 21ucs846
Mr. Damon Chetson
Mr. Damon Chetson answered on Jul 22, 2020

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 »

1 Answer | Asked in Criminal Law for North Carolina on
Q: NC Resident : Will I go to jail for having possession of an empty grinder? Officer said it was a ticket

The driver of the car did have weed on him which I had NO IDEA about bc he was just giving me a ride

Mr. Damon Chetson
Mr. Damon Chetson answered on Jul 22, 2020

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 »

1 Answer | Asked in Criminal Law for North Carolina on
Q: Is my criminal history supposed to be in my motion
Mr. Damon Chetson
Mr. Damon Chetson answered on Jul 22, 2020

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 »

1 Answer | Asked in Criminal Law for North Carolina on
Q: In a criminal case what does the original guilty or not guilty plea weigh on your judgement
Mr. Damon Chetson
Mr. Damon Chetson answered on Jul 22, 2020

Your question is a bit unclear. Your original plea doesn't officially affect your judgment, but would be reflected on the judgment to indicate how you pled.

But certainly the fact that you pled guilty can be taken into account by a sentencing judge in fashioning an appropriate...
Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: Can I find out the conditions of my parole (post-release) ?
Mr. Damon Chetson
Mr. Damon Chetson answered on Jul 22, 2020

Prior to your release from the North Carolina Division of Adult Corrections (formerly the DOC), your parole officer (also called a probation officer) should meet with you to go over any standard terms of post-release supervision, including any special conditions. These generally include the... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: I’m a victim of domestic violence. I was charged with a misdemeanor for protecting myself. How can I resolve this?

I don’t want this to hold me back from finding employment.

Mr. Damon Chetson
Mr. Damon Chetson answered on Jul 22, 2020

On occasion, when police respond to a call relating to a domestic violence dispute, they will mistakenly arrest the true victim of the crime, believing that that person committed a crime and the aggressor did not. You still need to defend the case by hiring (or asking for a court appointed) lawyer... Read more »

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