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North Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Divorce and Family Law for North Carolina on
Q: If my ex has my car (car in my name) in his possession and won't give it back, can I have it reported stolen and towed?

My husband and I are legally separated and working toward a divorce. He is an illegal alien and has no driver's license. He is in possession of a 98 Toyota Corolla that is in my name, but he is the one that paid for it (while we were married). He claims it is his because he bought it, but... Read more »

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

Of course not - this is a civil domestic issue not a criminal one - police will likely not assist you. However, if you have a key and can get to it without breaching the peace, you can go get it yourself. You have as much right (likely more right since it is in your name) than he does. The fact... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Car Accidents for North Carolina on
Q: how bad does it look getting felony of meth charge at 18 first drug charge ever

my nephew was in a car accident, he is 18 and was scared. he got tboned on driver side then on right side then got hit in rear end and flipped. My nephew ran to a bulding close by but went back to scene and turned himself in before cops ever got done investigating it. He was charged with felony... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 14, 2020

This is a subjective question. To normal average people - it not only looks incredibly bad and will likely ruin your life if convicted - it is in fact objectively bad as well. To other criminals or young people who don't know any better, it may look like you earned some badge of glory. You... Read more »

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for North Carolina on
Q: *REPLYING TO HOUSER* I should provide more info. I don't understand your basis, or maybe I don't understand the courts

Frankly, yes I want his arrest to be a problem for him. We're fighting for custody so isn't that the game we're playing? "I'm better fit than you" No blame-game here (I made the decisions that led me here) but he is painting a inaccurate picture. Simply put - in the... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 10, 2020

If he was charged but not found guilty, that isn't really a problem for him. Courts care about convictions, and sometimes about pending charges, but don't care about charges which were dismissed or where the person was found not guilty.

A judge isn't going to care about...
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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for North Carolina on
Q: Can I use someone else's warrants for arrest as evidence?

My son's father alleges that I am "on probation for felony conviction" and that is true. However, that is misleading (in my opinion) because he was actually charged with the same crime and arrested with me - just I was convicted and he was not (I was on probation so I was in a bad... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 8, 2020

Essentially want you are saying is you want his arrest to be a problem for him when it is convenient or beneficial for you - this is likely not gonna fly with the Court. Another way to think of it is, regardless of what you believe to be true, do you really want to present evidence in court that... Read more »

1 Answer | Asked in Consumer Law, Small Claims, Criminal Law and Personal Injury for North Carolina on
Q: A hotel I am living at is false advertising I have filed a complaint with the doj is there anything I can else I can do?

The person working the desk also the owner said he wasn't offering the posted weekly rates that are taped in the office window due to covid-19 which should have been $225. Instead he said I would have to pay the nightly rate and charged me $45 per night for 7 nights which totaled $315. He is... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 10, 2020

A North Carolina attorney could advise best, but your post remains open for two weeks. It might not necessarily be false advertising - it's possible it could be an oversight resulting from changes in day-to-day operations that the pandemic has forced upon small business owners. There could be... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for North Carolina on
Q: Can I get a continuance on a domestic violence order protection violation?

I shouldn't even have this out on me but because I found out my wife was cheating on me and I told her I didn't want to get back with her she took my kids and went and put a restraining order on me. I did not realize the punishment if you did not show up to the court date but I was not in... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 10, 2020

I am answering this question as it pertain to NC law, even though you appear to be from VA. Yes, it is possible to get a Domestic Violence Protective Order (DVPO) "continued," although I don't think this is what you are really trying to answer.

To get a DVPO, the plaintiff...
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1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: What does case number 21ucs846
Mr. Damon Chetson
Mr. Damon Chetson answered on Jul 22, 2020

21 U.S.C. Sec. 846 the section of the United States Code (U.S.C. or federal law) that defines a drug conspiracy and the penalties associated with a drug conspiracy. It says: "Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: NC Resident : Will I go to jail for having possession of an empty grinder? Officer said it was a ticket

The driver of the car did have weed on him which I had NO IDEA about bc he was just giving me a ride

Mr. Damon Chetson
Mr. Damon Chetson answered on Jul 22, 2020

Unlikely. Possession of Marijuana Paraphernalia in North Carolina is a class 3 misdemeanor which is punishable by court costs and a fine for most people. People who have very significant misdemeanor (5 or more prior convictions) criminal records are eligible for active sentences of up to 20 days... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: Is my criminal history supposed to be in my motion
Mr. Damon Chetson
Mr. Damon Chetson answered on Jul 22, 2020

You seem to be referencing your "discovery." Discovery is the material provided to you (through your lawyer) by the prosecutor's office in the state or federal system. The Motion for Discovery is the method by which the lawyer requests that discovery be provided. People often... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: In a criminal case what does the original guilty or not guilty plea weigh on your judgement
Mr. Damon Chetson
Mr. Damon Chetson answered on Jul 22, 2020

Your question is a bit unclear. Your original plea doesn't officially affect your judgment, but would be reflected on the judgment to indicate how you pled.

But certainly the fact that you pled guilty can be taken into account by a sentencing judge in fashioning an appropriate...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: Can I find out the conditions of my parole (post-release) ?
Mr. Damon Chetson
Mr. Damon Chetson answered on Jul 22, 2020

Prior to your release from the North Carolina Division of Adult Corrections (formerly the DOC), your parole officer (also called a probation officer) should meet with you to go over any standard terms of post-release supervision, including any special conditions. These generally include the... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: I’m a victim of domestic violence. I was charged with a misdemeanor for protecting myself. How can I resolve this?

I don’t want this to hold me back from finding employment.

Mr. Damon Chetson
Mr. Damon Chetson answered on Jul 22, 2020

On occasion, when police respond to a call relating to a domestic violence dispute, they will mistakenly arrest the true victim of the crime, believing that that person committed a crime and the aggressor did not. You still need to defend the case by hiring (or asking for a court appointed) lawyer... Read more »

1 Answer | Asked in Juvenile Law and Criminal Law for North Carolina on
Q: Can a 17 year old date a 24 year old in NC and not get into trouble? And will He go to jail if they have a baby ?

I’m 17 and my boyfriend is 24 and we had a baby together but we left his name off Because we was worried he’d get into trouble and get locked up and I don’t want that because I love him and I might be pregnant again with him and I want to be with him but I don’t know if they will throw him... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 20, 2020

A 17 year old is still a child, so yes, you can date if your parents allow it. 16 is the age of consent in North Carolina so unless you were having sex prior to being 16, he won't get into any criminal trouble or be 'thrown into jail (at least likely not for getting you pregnant) - so he... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: If you flee the state under house arrest & facing 4 felonies can out if state police catch it and bring you back?

My father in law can't be trusted. Wondering how easy it would be to get him if he fleed the state being on house arrest and facing 4 felonies all drug related. I would be responsible for his bond of 20k if he did.

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

Your question is somewhat unclear "can out" ??? The rest of it seems to ask if you are going to have to pay his bail bond if he flees, and that you don't trust him. So, the first question is why did you put up a bond for him in the first place if you don't trust him to honor... Read more »

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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