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North Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for North Carolina on
Q: I walk away and a female grabs my hair from behind and attack me. Why did I get charge when I defended myself?

The female slaps me four times and I walk away. Four blocks later she's still following me. I keep walking but yells for her to leave me alone. She grabs my hair from behind as I'm walking and attacks me from behind. I felt threatened for my life as she assaulted me four times already, so I... Read more »

Gary Kollin
Gary Kollin answered on Sep 30, 2019

How would I or any attorney be able to answer that when we have no more information than you do?

1 Answer | Asked in Criminal Law for North Carolina on
Q: How do you find out what the probable cause for issuing an arrest warrant is?

A friend was arrested for 1st degree burglary and attempted larceny in Harrnett County, NC. The complainant gave a statement that he broke into her house through the front door and she caught him with her TV in his hand. When she asked what he was doing, he said he wasnt sure and put the TV back in... Read more »

Gary Kollin
Gary Kollin answered on Sep 16, 2019

There is an affidavit submitted with the warrant

1 Answer | Asked in Criminal Law for North Carolina on
Q: I got in a fight last year and I pressed charges on the person and they just now having court now this years is it any

Way I can get the charges dropped

Gary Kollin
Gary Kollin answered on Aug 14, 2019

You can contact the prosecutor and ask

1 Answer | Asked in Criminal Law for North Carolina on
Q: I live in NC and got an underage alcohol ticket at the 500. How do I avoid my court appearance and clear my record?

I am 20 years old with a clean record and don't want to drive from NC to Indiana to go to court.

Ralph Behr
Ralph Behr answered on Aug 1, 2019

Look at the ticket or Notice to Appear. File a written plea of not guilty in the case and you will get a court date. Next, file a motion for a plea in absentia and to appear pro se (without an attorney). You can go online and find a pleading to enter but only after the judge approves your motion... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: I have an warrent for and indicment charger (drug charge) never been in trouble the charges make no sense what do I do

The say it was one time and it makes no sense

Gary Kollin
Gary Kollin answered on Jul 31, 2019

Let's try to get it right.

I have a warrant and indictment for a drug charge

I suggest you get an attorney.

Lot less expensive than spending time in jail

1 Answer | Asked in Criminal Law for North Carolina on
Q: How do i find my court papers when i lost them
William Jaksa
William Jaksa answered on Jul 24, 2019

In most jurisdictions, you can attend the courthouse and request second copies of documents from the Clerks' office. There may be a small fee.

2 Answers | Asked in Criminal Law and Immigration Law for North Carolina on
Q: Will my crime record affect getting a green card?

Hey! Im an European citizen, my fiancé is a marine and I’m 6 months pregnant. I got tickets to the USA in July to get married and start our family together and apply for green card and use parole in place to stay there.

I’ve committed a crime ( shoplifting) and I will have to pay a... Read more »

Denise Anderson
Denise Anderson answered on May 19, 2019

Shoplifting is often termed as a petty offense. The fact that you committed a petty crime does not bar you from obtaining a green card; you may still be admissible to the United States. The decisive factor is whether you have committed shoplifting on more than one occasion, and whether you entered... Read more »

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1 Answer | Asked in Criminal Law, Family Law and Legal Malpractice for North Carolina on
Q: When I was an adolescent my mother did therapy with me in our living room. Is it possible to sue for this?

My mother changed careers when I was a pre-teen, and she was a fairly inexperienced counselor. I came to her with normal teen problems, i.e. concerns about not fitting in in high school and she offered to do counseling with me in our house. I didn't know better so I accepted. In hindsight, this... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 18, 2019

You not only want to blame talks you had with your mommy as a pre-teen for the problems you have as a 30 year old adult but want to sue her for it as well? There is no circumstance I can think of where legal action for something like that should have even crossed your mind let alone be something... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: What can I do to have my father arrested for committing a serious crime against my wife?

We have the investigation report showing he completed the crime and him admitting it. But he has people to do things for him (his words) and it is a serious crime. A judicial official in Durham NC helped him and I believe that’s why nothing is being done. He has stalked her, chased her all... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 14, 2019

Your story just doesn't add up. If he has stalked her - just go to your local magistrate and swear out a warrant. If you can't get a warrant, odds are it didn't amount to stalking rather than mysterious 'official forces' are conspiring against you. Also, describe events clearly and accurately -... Read more »

1 Answer | Asked in Criminal Law and Banking for North Carolina on
Q: Can an authorized user on a checking account go in and cash to the owners checks and make changes

The authorized user on my grandmother's account has been cashing her checks and not giving them to her and also making serious changes to the account without the account owner's presence is this legal

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 5, 2019

There is a very common belief that there is a difference between an "authorized user" of a personal bank account and a "co-owner" of a personal bank account. While there are several different kinds of bank accounts, access to each type of bank account is either defined in the contract sometimes... Read more »

2 Answers | Asked in Criminal Law and Traffic Tickets for North Carolina on
Q: Received my first citation ever officer said he clocked me at 97 in 65 limit . i was charged with speeding and reckless

I was behind 3 cars the entire way and car displayed 87 not 97 . i also have improper equipment due to my check engine light displaying my car has multiple issues with lost body control malfunction . left speed sensor malfunction and lost communication with panel cluster. Dealing with speed... Read more »

Gary Kollin
Gary Kollin answered on Feb 15, 2019

Then consult with a lawyer who can review all the documents in person

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1 Answer | Asked in Criminal Law for North Carolina on
Q: How would my son correct an incorrect statute on his record? He's attempting to get his record expunged.

The charge (in Mar 2007) was "Resisting Public Officer" (Statute 14-223), the Statute on his record is 14-277 (A) (4) NC which is "Impersonation of Law Enforcement or Public Officer"

Kelli Y Allen
Kelli Y Allen answered on Feb 7, 2019

He will need to retain the services of a criminal defense attorney.

1 Answer | Asked in Criminal Law and Elder Law for North Carolina on
Q: Can an estranged adult child be charged with a crime for taking money from a non legally defined disabled parent.

Estranged daughter plays on sympathy of early dementia patient (mother). Other sibling is paying bills...finds out after the fact the check was written Raleigh NC not Mathews NC

Kelli Y Allen
Kelli Y Allen answered on Jan 18, 2019

Probably not an actual crime. However, protections need to be put in place. Is there a durable power of attorney? An agent under a durable power of attorney would be able to offer some protection in this type of situation. This needs to be done before the dementia progresses.

1 Answer | Asked in Criminal Law and Domestic Violence for North Carolina on
Q: My friend messaged the girl who has a restraining order out on me. Can I get in trouble and if so what do I need to do?
Kelli Y Allen
Kelli Y Allen answered on Jan 18, 2019

If he messaged her at your instruction, yes, that could cause a problem for you. You are not allowed to have contact even through a third party.

1 Answer | Asked in Criminal Law for North Carolina on
Q: A judge says my husband has several FTA's but he does not.

Good afternoon. My spouse was arrested and during his first appearance the judge stated he had several FTA's and would not reduce his bond. He attempted to explain that they were looking at the wrong inmate information because he doesn't have any FTA's, but the judge stated he didn't want to hear... Read more »

Kelli Y Allen
Kelli Y Allen answered on Jan 9, 2019

Most likely you will need to hire a criminal defense attorney who can pull your husband's record and provide that information to the judge.

1 Answer | Asked in Criminal Law for North Carolina on
Q: What does a gs 14-72a less than 100.00 taken what will happen to me
Wendy Smith
Wendy Smith answered on Jan 3, 2019

The taking of property valued at less than $1,000, or receiving property valued at less than $1,000 is a class 1 misdemeanor in North Carolina. A class 1 misdemeanor carries a maximum punishment of 120 days in jail if you have five or more prior convictions (other than infractions). With no prior... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: Will the death penalty be abolished in Raleigh NC soon? If so when?
Bill Powers
Bill Powers answered on Dec 11, 2018

The last person executed in North Carolina was Samuel Flippen, put to death Aug. 18, 2006, for the murder.

It's possible Flippen forever will remain the last person executed in North Carolina. Capital punishment in North Carolina, while it remains on the books, is rarely enforced....
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1 Answer | Asked in Criminal Law, DUI / DWI and Personal Injury for North Carolina on
Q: My husband was hit by a lady in Bunc. Co NC, 3-25-17. Her ins wants us to sign papers releasing her for future probs.

My hubby saw "CAP" arrested@ scene but wasn't asked if he wanted to press charges & he wasn't notified of her court date. Her ins Co conceded the max of 30k BUT wants us to sign a "Release of ALL Claims NOT TO ENFORCE JUDGMENT" against the driver "CAP" & the man holding the policy, "CB". I found... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 6, 2018

What can you do? Really? You need an attorney and you likely have the type of case that personal injury attorney's would likely take on a contingent basis. So go shop around and hire an attorney before this gets mucked up any more than it may already be.

1 Answer | Asked in Criminal Law and Traffic Tickets for North Carolina on
Q: I recently got a speeding ticket of going 95 in a 60 as well as a misdemeanor charge of reckless driving.

This is my 2nd ticket, my past ticket was for not wearing a seatbelt and it was over a year ago. What should I do and what kind of fines/punishments am I facing? I am in North Carolina.

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 19, 2018

Actually both charges are misdemeanors. If convicted as charged, your license will be suspended if you are licensed in NC and if not, your privilege to drive in NC will be suspended and likely your home state DMV notified and they will likely suspend you, your insurance will likely go up -... Read more »

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