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North Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for North Carolina on
Q: Can i drop charges i recently filed against someone? who would i need to get in contact with to do so if possible?
David Allan King
David Allan King answered on Jun 23, 2020

"Charges" is a criminal law concept. Only the government can press charges.

If what you mean is that you filed a lawsuit in civil court, you can file a withdrawal.

If you really did mean charges, and you are the alleged victim of the crime, you can contact the prosecutor...
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1 Answer | Asked in Child Custody, Child Support, Criminal Law and Divorce for North Carolina on
Q: My ex wife is trying to blackmail me in order to see my kids is that legal
William Jaksa
William Jaksa answered on May 5, 2020

No. You should direct the question to a lawyer that practices family law.

1 Answer | Asked in Criminal Law and Personal Injury for North Carolina on
Q: on January 26, 2020 I was assaulted. I have a criminal case coming up.Do I have to sue separately for damages, wages?

I would like to know if they will be able to compensate me for pain and suffering and lost income in the criminal trial or will I need to file a separate case>

Peter N. Munsing
Peter N. Munsing answered on Apr 23, 2020

A criminal court can add "restitution," but that only works if the no-good has money. Some states have crime victim compensation acts. Ask the DA's victim assistance coordinator about that.

You can file a civil case, but unless the person is covered by insurance that is...
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1 Answer | Asked in Criminal Law, Divorce, Domestic Violence and Small Claims for North Carolina on
Q: My ex stole my car and is refusing to return it it’s in my name.

My ex and I recently broke up and he has stolen my car and is hiding it somewhere and refuses to bring it back. The title is in my name. Will the police do anything?

Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 15, 2020

If by ex you mean husband - the police likely will not do anything. If you mean ex as in boyfriend - then is is possible they will consider it theft. You should call either way. Best of luck.

1 Answer | Asked in Criminal Law for North Carolina on
Q: I currently have pending misdemeanor charges for several things and I need some answers.

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?

Bill Powers
Bill Powers answered on Mar 10, 2020

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...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: What am I facing for a felony larceny by employee charge, possession of stolen goods and felony false pretense charge?

I have a clean criminal background.

Bill Powers
Bill Powers answered on Mar 3, 2020

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...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: What are the consequences of a misdemeanor Larceny first offense. Background is clean and never been in trouble with law
Mr. Ronald J Shook II
Mr. Ronald J Shook II answered on Feb 20, 2020

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...
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1 Answer | Asked in Criminal Law and Traffic Tickets for North Carolina on
Q: If a lawyer set a court date for me on a 16 year old bounced check. Is the warrant still active? Or am i okay till then?

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 »

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 11, 2020

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 »

1 Answer | Asked in Criminal Law for North Carolina on
Q: Almost 10 years ago(18 years old/first offense), I was charged with 2 felonies, did a plea deal for a misdemeanor-

-conviction. Is there a way to have the outcome retracted, and original charges dropped? State of NC

Bill Powers
Bill Powers answered on Feb 6, 2020

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...
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1 Answer | Asked in Criminal Law and Traffic Tickets for North Carolina on
Q: Failure to transfer title within 28 days - guilty of class 2 misdemeanor?

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... Read more »

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

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... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for North Carolina on
Q: My daughter was babysitting for her aunt and she beat her up she did defend herself she’s 17. What should I do

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

Adam Bull
Adam Bull answered on Jan 12, 2020

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...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: If someone files a false police report what happens

Reported vehicle was stolen and filed false police report but the vehicle wasn't stolen

Bill Powers
Bill Powers answered on Jan 11, 2020

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....
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1 Answer | Asked in Criminal Law and Personal Injury for North Carolina on
Q: My husband was shot in the back of the head. He suffered a tramatic spinal cord injury leaving him parayzed

Simple affray was the chosen charge for assailant. What legal options do I have

Adam Bull
Adam Bull answered on Dec 22, 2019

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...
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2 Answers | Asked in DUI / DWI and Criminal Law for North Carolina on
Q: Can you be convicted of DUI while on prescribed medication and sinusitis, and concussion?

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... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 12, 2019

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.

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1 Answer | Asked in Criminal Law and Child Support for North Carolina on
Q: I am the victim of a on going dv case and I do not want to pursue it .

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 »

Adam Bull
Adam Bull answered on Dec 12, 2019

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 »

2 Answers | Asked in Criminal Law and Domestic Violence for North Carolina on
Q: I slapped my boyfriend and got a charge

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!!

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 4, 2019

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 »

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2 Answers | Asked in Juvenile Law and Criminal Law for North Carolina on
Q: My mom is filing ungovernable youth charges against me. Do I have any rights as a minor?

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 »

Adam Bull
Adam Bull answered on Dec 4, 2019

You have a right to an attorney and one should be appointed to you.

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2 Answers | Asked in Juvenile Law and Criminal Law for North Carolina on
Q: My sister is 17 and out mother pressed charges on her and she is currently locked up. I need to know how this all works.

Can someone other then her parent or guardian bail her out?

Adam Bull
Adam Bull answered on Nov 24, 2019

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.

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2 Answers | Asked in Criminal Law for North Carolina on
Q: I'm 18, paid for my laptop 100% and my mother took it, can I press charges

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... Read more »

Adam Bull
Adam Bull answered on Nov 22, 2019

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"...
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1 Answer | Asked in Criminal Law, Family Law and Child Support for North Carolina on
Q: Bench warrants, how can I find out if I have and can I get rid of without going to jail?

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?

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 16, 2019

Hire an attorney.

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