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North Carolina Criminal Law Questions & Answers
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 phenobarbital,... 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 don't have... 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" your laptop...
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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.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for North Carolina on
Q: Good Afternoon. Have a question? How much in a price range to get a petition the court to get removed off the registry
Will Blackton
Will Blackton answered on Oct 30, 2019

There is generally a $175 court fee to file for an expunction. The fee for an attorney's assistance is going to range depending on whether you're entitled to statutory relief (will automatically happen depending on your age at the time a crime was committed and the age and nature of the offense)... Read more »

2 Answers | Asked in Family Law and Criminal Law for North Carolina on
Q: if my daughter runs away at the age of 14 can i call the police and send her to juvie or does she get a probation offic?
Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 28, 2019

You can and should call the police. Who will find her and bring her back for you to discipline (unless you are an unfit parent - in which case, DSS will likely get involved). Whether or not charges are brought is not up to you. If charges are brought and she is convicted, a Judge will decide if... Read more »

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1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Federal Crimes for North Carolina on
Q: How many days do you get if a man presses charges on his wife for domestic violence?
William Jaksa
William Jaksa answered on Oct 23, 2019

Depends on the circumstances and facts surrounding the allegations. How bad was the assault? Was it on going? Were there long-lasting injuries? Were the kids present? Was a weapon used? Were alcohol or drugs a factor?

1 Answer | Asked in Domestic Violence and Criminal Law for North Carolina on
Q: Domestic violence warrant will I have a unsecured bond and will I ha e to spend 48 hrs. In jail?
Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 23, 2019

Only if you are served with it.

2 Answers | Asked in Criminal Law and Family Law for North Carolina on
Q: my mother in law took my 2 children from ga to texas without my conscent and wont bring them back is that kidnapping
Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 20, 2019

The way you describe it - potentially. However, you are likely not the only one who can provide permission. If her son properly provided permission - then, no.

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1 Answer | Asked in Criminal Law for North Carolina on
Q: My girlfriend is in jail right now and I bonded out but she told me if we both plead guilty to a driving a vehicle

Unauthorized she said since she’s already in jail it counts as time served and that charge will be dropped is this true?

Gary Kollin
Gary Kollin answered on Oct 18, 2019

That makes no sense

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

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