North Carolina Criminal Law Questions & Answers

Q: Received my first citation ever officer said he clocked me at 97 in 65 limit . i was charged with speeding and reckless

2 Answers | Asked in Criminal Law and Traffic Tickets for North Carolina on
Answered on Feb 15, 2019
Gary Kollin's answer
Then consult with a lawyer who can review all the documents in person

Q: How would my son correct an incorrect statute on his record? He's attempting to get his record expunged.

1 Answer | Asked in Criminal Law for North Carolina on
Answered on Feb 7, 2019
Kelli Y Allen's answer
He will need to retain the services of a criminal defense attorney.

Q: Can an estranged adult child be charged with a crime for taking money from a non legally defined disabled parent.

1 Answer | Asked in Criminal Law and Elder Law for North Carolina on
Answered on Jan 18, 2019
Kelli Y Allen's answer
Probably not an actual crime. However, protections need to be put in place. Is there a durable power of attorney? An agent under a durable power of attorney would be able to offer some protection in this type of situation. This needs to be done before the dementia progresses.

Q: My friend messaged the girl who has a restraining order out on me. Can I get in trouble and if so what do I need to do?

1 Answer | Asked in Criminal Law and Domestic Violence for North Carolina on
Answered on Jan 18, 2019
Kelli Y Allen's answer
If he messaged her at your instruction, yes, that could cause a problem for you. You are not allowed to have contact even through a third party.

Q: A judge says my husband has several FTA's but he does not.

1 Answer | Asked in Criminal Law for North Carolina on
Answered on Jan 9, 2019
Kelli Y Allen's answer
Most likely you will need to hire a criminal defense attorney who can pull your husband's record and provide that information to the judge.

Q: What does a gs 14-72a less than 100.00 taken what will happen to me

1 Answer | Asked in Criminal Law for North Carolina on
Answered on Jan 3, 2019
Wendy Smith's answer
The taking of property valued at less than $1,000, or receiving property valued at less than $1,000 is a class 1 misdemeanor in North Carolina. A class 1 misdemeanor carries a maximum punishment of 120 days in jail if you have five or more prior convictions (other than infractions). With no prior convictions or with less than five prior convictions a class 1 misdemeanor carries a maximum punishment of 45 days in jail. However, rather than active time, misdemeanors can be punished by...

Q: Will the death penalty be abolished in Raleigh NC soon? If so when?

1 Answer | Asked in Criminal Law for North Carolina on
Answered on Dec 11, 2018
Bill Powers' answer
The last person executed in North Carolina was Samuel Flippen, put to death Aug. 18, 2006, for the murder.

It's possible Flippen forever will remain the last person executed in North Carolina. Capital punishment in North Carolina, while it remains on the books, is rarely enforced.

Given the present structure of the NC General Assembly, it would be surprising to see any change in NC Criminal Laws abolishing the death penalty in North Carolina.

Bill Powers...

Q: My husband was hit by a lady in Bunc. Co NC, 3-25-17. Her ins wants us to sign papers releasing her for future probs.

1 Answer | Asked in Criminal Law, DUI / DWI and Personal Injury for North Carolina on
Answered on Nov 6, 2018
Amanda Bowden Houser's answer
What can you do? Really? You need an attorney and you likely have the type of case that personal injury attorney's would likely take on a contingent basis. So go shop around and hire an attorney before this gets mucked up any more than it may already be.

Q: I recently got a speeding ticket of going 95 in a 60 as well as a misdemeanor charge of reckless driving.

1 Answer | Asked in Criminal Law and Traffic Tickets for North Carolina on
Answered on Oct 19, 2018
Amanda Bowden Houser's answer
Actually both charges are misdemeanors. If convicted as charged, your license will be suspended if you are licensed in NC and if not, your privilege to drive in NC will be suspended and likely your home state DMV notified and they will likely suspend you, your insurance will likely go up - dramatically, there will be court cost and possibly fines, likely of at least $188 but very likely way more and you could potentially face jail time. As to what you should do, first and foremost don't...

Q: I'm on probation for 2 felonies and 3 misdemeanors..I just caught another felony charge of same crime, what happens?

1 Answer | Asked in Criminal Law for North Carolina on
Answered on Sep 26, 2018
Bill Powers' answer
That's serious stuff. More information would be helpful, especially regarding the type of felony charges in North Carolina. . .and whether the charges are in North Carolina. The inquiry is from Georgia.

Here are two quick points:

1. The allegations of new NC criminal charges may be enough to REVOKE the first case or cases of probation; and,

2. Given the prior criminal history and the associated Prior Record Level PRL points and the fact that the offense took place...

Q: I am on felony probation I got a dwlr yesterday will that violate my probation

2 Answers | Asked in Criminal Law and Traffic Tickets for North Carolina on
Answered on Sep 14, 2018
Bill Powers' answer
It could. DWLR is a misdemeanor criminal offense. An experienced defense lawyer would want to find out the basis of the license suspension and terms of the Supervised Probation.

Given the complexity of such matters, best bet would be to retain legal counsel ASAP.

Rob Denton is up in that part of NC. You may want to give him a ring:

(828) 437-4220

Byrd, Byrd, McMahon & Denton P.A.

124 West Union St., PO Box 1269

Morganton, NC 28680...

Q: Why is it important for the criminal justice professional to understand the law?

1 Answer | Asked in Criminal Law for North Carolina on
Answered on Sep 9, 2018
Timur Akpinar's answer
I do not practice in North Carolina. But from the standpoint of general law, I’ll try to answer the three questions you pose here. It’s important for criminal justice professionals to understand the law because they have to enforce it based on situations they encounter with the public. It’s important for the average citizen to understand the law because the law affects their daily conduct in terms of rights and duties. If one is ignorant of the law or constitutional rights, the basic...

Q: Can i do a poj in NC for misdemeanor larceny? First time offense.

1 Answer | Asked in Criminal Law for North Carolina on
Answered on Aug 28, 2018
Kristen Dewar's answer
You need an attorney to represent you in this case. If you cannot afford to hire one, request to see if you qualify for court-appointed counsel. Just asking for a PJC won't help you here, as even if a judge granted you one, a PJC still counts as a criminal conviction.

Q: My son has 3 counts of firing a weapon into occupied property, 2 felony conspiracy, and larceny of a motor

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Answered on Aug 16, 2018
Gary Kollin's answer
Based on those charges, I would get ready for him to go to prison

Q: Can you be held in jail with charges that have no evidence against you and only probable cause is matching address?

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Answered on Aug 16, 2018
Gary Kollin's answer
I doubt that you have been supplied all the facts. If these people are close to you, I would ask to see the affidavit for the warrant and the police reports.

Unless she is in federal court, then it is not a federal crime

Q: Can you be charged for felony breaking and entering the building of a coin opperated landry mat that is open to the publ

1 Answer | Asked in Criminal Law for North Carolina on
Answered on Aug 13, 2018
Bill Powers' answer
GREAT QUESTION

That's certainly interesting. More information would likely be helpful, especially regarding what happened once inside the coin-operated laundry.

Given all the different possibilities, it likely is going to take a longer conversation with a lawyer to review things for a more thorough answer.

Here's more info on NC Larceny charges: https://www.carolinaattorneys.com/larceny-embezzlement-fraud.html

Best bet: Seek legal representation ASAP....

Q: I need to get an ID for my job but I have an order for arrest for Litter/not 15lbs and violation of court order for not

1 Answer | Asked in Criminal Law for North Carolina on
Answered on Aug 13, 2018
Bill Powers' answer
Good Question

Normally DMV doesn't arrest people for the outstanding process (OFA Order for Arrest or Criminal Summons).

I have heard of cases where they've (DOT/DMV) called law enforcement, especially if someone drove on a revoked license or appears impaired at the DMV Office.

In any event, it makes sense to retain legal counsel.

Not sure why a Magistrate would say, "Just take care of it." Suspect something more is going on, as that's where one would...

Q: If a 14 year old got pregnant what would happen to her? Would she be sent somewhere away from home or something???

1 Answer | Asked in Criminal Law for North Carolina on
Answered on Aug 11, 2018
Amanda Bowden Houser's answer
The person who got her pregnant would likely be charged with statutory rape. A 14 year old can not legally consent to sex. As to what happens to her, that is largely up to her parents or guardians.

Q: Cops mistakenly returned evidence to me

1 Answer | Asked in Criminal Law for North Carolina on
Answered on Aug 10, 2018
Bill Powers' answer
GREAT QUESTION

First and foremost, Rockingham NC is still somewhat "small town" NC. Law enforcement, even in Richmond County NC, can and do review internet postings.

So it makes sense to limit public posts Justia or other legal message board, especially regarding very specific fact patterns and allegations of criminal charges.

And because of that, the best thing to do is to sit down with an experienced criminal defense attorney, where attorney-client privilege...

Q: Hello. On the 4th of July I went to a railroad bridge to jump off and swim. What is the normal punishment for this type

1 Answer | Asked in Criminal Law for North Carolina on
Answered on Aug 9, 2018
Bill Powers' answer
GOOD QUESTION

Need more info. Are you asking for info on NC criminal laws?

We've had success in the past obtaining a favorable result with trespassing cases; but, a LOT depends on the nature and circumstances of the offense.

The DA's Office also considers things like prior history, warnings, relative level of danger, etc., in exercising their discretion in pursuing both felony or criminal charges in NC.

ONE WOULD REASONABLY ASSUME THESE ARE MISDEMEANOR...

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