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North Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for North Carolina on
Q: What possible reasons could a nonviolent offender be denied Bond in Raleigh North Carolina.

The offender does have an extensive criminal record (non-violent). He is a felon and was charged with firearm by felon along with other drug charges last year. He still does not have a bond.

Scott Lippert
Scott Lippert answered on Mar 28, 2022

Without all the details it is hard to know. There are provisions in NC state law that allow for a "no-bond" to be set for defendants charged with drug trafficking, especially if there are multiple drug trafficking offenses pending against the defendant. In most instances, no-bond is a... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: My wife was charged with obstruction of Justice for not telling law enforcement where a relative was at he wasn't at her

House. Can she be charged with a felony or a misdemeanor

Richard W. Noel
Richard W. Noel answered on Feb 20, 2022

The short answer is anyone can be charged at any time for nearly anything as long as there's probable cause. The better question is can she be convicted of the crime for which she's being charged. That depends on the evidence that's available. An attorney needs to review the case and... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: If a incarcerated person has completed their parole time and has not been released, what are the next steps?

What is needed for the person to be released

Jason Aycoth
Jason Aycoth answered on Feb 5, 2022

I would reach out to combined records in North Carolina. Their department can look into a credit calculation and if it shows he’s past his sentence, they’ll release him.

1 Answer | Asked in Criminal Law for North Carolina on
Q: Do law enforcement need a warrant to place GPS on vehicle?
Richard W. Noel
Richard W. Noel answered on Feb 3, 2022

Yes. The U.S. Supreme Court ruled a long time ago that a warrant is required for police to place a G.P.S. tracker on a person's vehicle.

1 Answer | Asked in Criminal Law, Family Law, Child Support and Juvenile Law for North Carolina on
Q: Can I be forced to continue financially and legally supporting my 18 year old if he's still in high school?

Long story short: He sexually abused my daughter, threatened to kill me over a misunderstanding, has been convicted (juvenile), is on probation in a sex-offender treatment facility for the last year and a half, and will turn 18 March 24th of this year. He already told me he will most likely... Read more »

Angela L. Haas
Angela L. Haas answered on Jan 20, 2022

If you think he will harm your daughter again if he returns, you CANNOT let him back in the home. You may need to contact Child Protective Services, and let them know the situation. Perhaps they can find a foster home for him. Financially, you and his father are still responsible for him. CPS may... Read more »

2 Answers | Asked in Criminal Law, Probate and White Collar Crime for North Carolina on
Q: After being named Executor for the estate it's discovered that the (POA) took atleast 180,000 for personal use.

POA added her name to accounts making them joint accounts to have survivorship rights and to block Executor of estate from seeing what money was spent on. Used Zelle to move money out of joint accounts to pay credit cards and into personal accounts. Paid car note off then sold car and mothers car... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 11, 2022

This is a classic case of breach of fiduciary duty, conversion and probably other torts (and crimes). The case against the wrongdoer is an asset of the estate. As the executor, you have the authority to sue the wrongdoer on behalf of the estate for the return of the stolen funds. This is not a... Read more »

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1 Answer | Asked in Criminal Law and White Collar Crime for North Carolina on
Q: How long does it take to get a no criminal no crime criminal installed microchip of medal metals of implants removal?

The cells dead in side the brain how long until vacuum out by law after installed in sleep by criminals 44 years?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 21, 2021

Your legal inquiry is not clear.

Please restate it for clarity or, better yet, reach out to any established licensed criminal law attorney locally to relay your exact legal needs directly.

1 Answer | Asked in Criminal Law, Traffic Tickets and Insurance Defense for North Carolina on
Q: I have been charged today (citation) for driving at 85mph on an highway with 65mph limit, lincoln county NC.

I am 26 living in NC and I don't have a single traffic ticket or violation so far and clean on my criminal records. Today I got a speeding citation(GS 20-141(J1)) on highway for driving 20mph over the limit of 65mph and was given court date. I am worried if this will impact my career since as... Read more »

Charlie Gray
Charlie Gray answered on Jul 30, 2021

Most counties reduce speeding tickets to give people an incentive to go ahead and take care of them. Technically, speeding at a high enough speed is treated as a criminal charge and, if convicted, would show up on a background check. Getting it reduced would address this and is usually how traffic... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: My court appointed attorney told me I had an FTA with 25000 secure bond but 4 days later no warrant issued. Why?

My lawyer said due to cases being so old he could not get it continued in district court even though I was outta town with car issues and told me the just issued an FTA with 25000 secure bond and now 5 days later including the weekend they have not issued a warrant

Charlie Gray
Charlie Gray answered on Jul 30, 2021

An FTA is not the same thing as an Order for Arrest (OFA). It is possible an OFA has not been issued yet, some counties allow a grace period between the missed court date and issuing an OFA to give people with a good reason for missing court a chance to fix it. It is also possible there is an OFA... Read more »

2 Answers | Asked in Criminal Law, Traffic Tickets and Car Accidents for North Carolina on
Q: I was issued a hit and run citation. I didn’t realize I hit the other vehicle in a parking lot. What should I do next?

I am prepared to repair the damage but I really had no idea it made contact. I knew I was close but didn’t tell or hear any contact. My car had a light scratch only. The other has a plastic 1/4 panel that will need to be painted and dent removed. I have no criminal or traffic infractions on my... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 29, 2021

Only a North Carolina attorney could advise here, but your question remains open for three weeks. If you haven't already done so at this point, you could reach out to local attorneys to discuss handling of the matter (while at the same time looking into arrangements to cover the property... Read more »

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1 Answer | Asked in Criminal Law for North Carolina on
Q: what does dismiss without leave mean
Wayne M Bridgham
Wayne M Bridgham answered on Jun 1, 2021

Typically, dismissed without leave indicates that your case has been discharged by the court and cannot be reopened for that particular set of circumstances.

1 Answer | Asked in Criminal Law for North Carolina on
Q: Can I do anything to convince a DA to drop a felony charge to a misdemeanor in NC?

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 »

Kristen Dewar
Kristen Dewar answered on May 24, 2021

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 »

2 Answers | Asked in Consumer Law and Criminal Law for North Carolina on
Q: Can you receive a copy of your citation showing that it was dismissed
Bill Powers
Bill Powers answered on Apr 10, 2021

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 »

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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 Johnson
Amanda Bowden Johnson 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 Johnson
Amanda Bowden Johnson 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 »

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