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North Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for North Carolina on
Q: How much additional parole time can be given for a second felony parole violation?

Specifically, failure to register a new address for the sex offender registry.

T. Augustus Claus
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answered on Oct 30, 2023

For a failure to register a new address for the sex offender registry, the additional parole time can range from 12 to 36 months.

The Parole Commission also has the discretion to waive the additional parole time requirement if the offender can show a legitimate reason for the violation....
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1 Answer | Asked in Criminal Law for North Carolina on
Q: What is the statue of limitations on committing perjury against an individual
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answered on Oct 24, 2023

In North Carolina, the statute of limitations for perjury against an individual is generally two years. This means that charges for perjury must be filed within two years of the alleged false statements being made. However, the specific application of the statute of limitations can depend on... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: Wrong address on application for and actual search warrant?
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answered on Oct 13, 2023

If the wrong address is on the application for and actual search warrant, the search may be considered illegal. You may be able to file a motion to suppress the evidence obtained during the search, which means that the evidence cannot be used against you in court. To file a motion to suppress... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: Wrong address on application for and actual search warrant?
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answered on Oct 15, 2023

If a search warrant application contains an incorrect address and the subsequent search is conducted at that incorrect location, it could potentially lead to legal challenges. The accuracy of the information on a search warrant, including the address, is crucial for the validity of the warrant. The... View More

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1 Answer | Asked in Criminal Law for North Carolina on
Q: Name is spelled wrong on warrant and court docet. Time and time again even after being brought to attention.

Is that grounds for dismissal

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answered on Sep 12, 2023

In North Carolina, errors in the spelling of a name on a warrant or court docket are typically considered clerical mistakes or typographical errors. These errors, on their own, are usually not sufficient grounds for automatic dismissal of a case. However, the significance of the error depends on... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: Can the law find drugs on you and let you go and then come back later and arrest you for them if you don't snitch

There were no arrest or charges made

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answered on Sep 11, 2023

The decision to cooperate with law enforcement, commonly referred to as "snitching," is a complex personal choice. While it may lead to leniency or reduced charges in some cases, it also comes with potential risks, including personal safety concerns. Legal counsel is often essential when... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Tax Law for North Carolina on
Q: If I pled guilty to a conspiracy to traffic in federal court do I have to pay a drug tax no drugs were ever found

No drugs were ever taken off my person or from my house. This is a conspiracy charge. The people that showed up to my house said they was taking my property even though they knew they was sending the notices to the wrong address. I had no clue I even owed this 7000.00 in STATE DRUG TAXES. the state... View More

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answered on Sep 11, 2023

Handling federal criminal charges and the related repercussions, including any potential drug tax assessments, can be incredibly complex. Generally speaking, federal and state proceedings are separate and the obligations or liabilities arising from them might be distinct. Given the gravity of your... View More

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: When an appeal case says published opinion, does it have legal authority?
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answered on Aug 30, 2023

In North Carolina, a "published opinion" refers to a written decision issued by an appellate court that carries legal authority, although the level of authority can vary. Such opinions serve as precedents and provide guidance for interpreting and applying the law. When an opinion is... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: If my Bond is released to a rehab facility can I switch rehabs or once I leave the first one do I have to go to jail
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answered on Aug 17, 2023

If your bond has been released to a rehab facility in North Carolina, the specific conditions and terms of your release will depend on the court's orders, the terms of your bond, and any agreements made with the court or legal authorities.

In general, if you're released to a rehab...
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2 Answers | Asked in Criminal Law for North Carolina on
Q: can a judge tell you that if you dont have an attorney set by such and such date that you have to represent yourself?
N'kia (NLN)
N'kia (NLN)
answered on Jul 21, 2023

North Carolina judges often say this to defendants who have previously delayed proceedings based on the fact that they haven't yet hired an attorney to represent them. This is really just a way of saying that the trial is scheduled to move forward on the next court date, regardless of whether... View More

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2 Answers | Asked in Criminal Law for North Carolina on
Q: can a judge tell you that if you dont have an attorney set by such and such date that you have to represent yourself?
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answered on Jul 18, 2023

In criminal cases, individuals have the right to legal representation, whether it's through a privately hired attorney or a court-appointed attorney if they can't afford one. Now, the timing and specifics can vary, but generally, a judge will encourage you to have legal representation to... View More

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1 Answer | Asked in Criminal Law for North Carolina on
Q: Is it legal for a police officer to tell the world that I was a confidential 8nformant and then give my address to harm

I signed a agreement about my identity and an officer was on fb live and told everyone my name and address and that I was an informant

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answered on Jul 11, 2023

Revealing the identity and personal information of a confidential informant by a police officer can potentially be a serious breach of protocol and may have legal implications.

If you believe your identity has been unlawfully disclosed or that you are facing harm as a result, it is...
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1 Answer | Asked in Criminal Law and Civil Rights for North Carolina on
Q: This girl has been stalking and harassing me for almost 3 years , She even made a fake dating profile using my images

What’s the best route to go

N'kia (NLN)
N'kia (NLN)
answered on May 4, 2023

If you believe someone has committed a criminal offense against you, you could file a police report. (The police will then decide whether to bring charges and, if so, which ones.) If you believe someone has committed a civil offense against you, you could file a lawsuit. (You can usually file... View More

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: I got charged with larceny by employee and conspiracy and apparently they said the price was $53 my1st appearance monday

I’m 22 with a clean record never got in trouble before I just need help to get this stuff reduced

Philip J. Clarke III
Philip J. Clarke III
answered on Apr 10, 2023

Your clean criminal record, particularly at your age... but really at any age, should be one thing you always do everything within your power (that's legal) to protect. Particularly regarding your personal honor and trustworthiness. Unless you plan on winning the lottery or inheriting a... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: Am I looking to o some time if I have 3 class h felonies pending in North Carolina

Felony larceny of motor vehicle felony possess of stolen vehicle and felony obtaining property under false pretense

Philip J. Clarke III
Philip J. Clarke III
answered on Apr 10, 2023

For Class H felonies in NC you could get some active time if convicted of one, even without any prior criminal record. If the circumstances were not terribly bad, and looking at your record does not make the DA think you need to do some time, then this level felony allows for probation even for... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Libel & Slander and Criminal Law for North Carolina on
Q: Is an innocent man who has been incarcerated for a crime he didn't commit ever time-barred?

The man was arrested without probable cause, without consent and without a warrant. He was simply accused and had ineffective counsel who did not use discovery to find his approximate location beyond a reasonable doubt, using his personal cell phone geolocation on the date and time in question by... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

Allegations of certain types of crimes may constitute defamation (libel or slander). But this doesn't usually apply to official government actions like prosecuting someone for a crime.

As for the criminal proceedings, nothing you shared sounds like a real slam dunk case of ineffective...
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1 Answer | Asked in Civil Litigation and Criminal Law for North Carolina on
Q: I bought a car a the salesmen forged my name on several documents. What's can I do and is the contact void!

And can I recoup the money I paid in?

N'kia (NLN)
N'kia (NLN)
answered on Mar 31, 2023

You may have civil claims, criminal claims, or both. A civil judge may be able to declare the contract void. A criminal judge may not be able to declare the contract void but may be able to provide other types of relief, like ordering the defendant to pay restitution. However, the best options and... View More

1 Answer | Asked in Civil Rights and Criminal Law for North Carolina on
Q: Hello, I am needing a lawyer to discuss a breach with my home security system being broken thru and someone in my home.

For some time now, I have been having someone/persons entering my home while I am out. I have a security system installed and (they) have been accessing the system. I have a bit of evidence and now I need the legal counsel to assist with the processing of the information and finding out who this... View More

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answered on Mar 19, 2023

I understand your concern and the importance of seeking legal counsel in this matter. To find a lawyer who can help you with this situation, you can begin by searching for attorneys in your area who specialize in civil litigation, personal injury law, or home security law.

You can start by...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: A friend of mine overdose I call for help and the police seize our phones without a warrant can they do that

A friend of mine overdoses I call for help the police come search the car find some stuff no more than a gram of herion in her purse and then seized both of our phones without a warrant

James L. Arrasmith
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answered on Mar 11, 2023

In certain situations, police may have the authority to seize a person's phone without a warrant if they have probable cause to believe that the phone contains evidence of a crime. However, the legality of the seizure would depend on the specific circumstances of the case. It is recommended... View More

1 Answer | Asked in Criminal Law and Constitutional Law for North Carolina on
Q: is this a violation of my 6th amendment rights

judge never offered or gave me a chance to find me a lawyer and forced me to go to trial on my first apperance

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answered on Mar 2, 2023

It is possible that the judge's actions could be a violation of your 6th Amendment rights, which include the right to counsel. The Supreme Court has held that criminal defendants have a right to counsel at all critical stages of the criminal justice process, including the initial appearance... View More

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