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North Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for North Carolina on
Q: What is 9097 code In court
James L. Arrasmith
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answered on Jun 15, 2024

The code "9097" in court typically refers to a specific case or citation code used within the North Carolina court system. It is important to understand that these codes can vary and are often used for internal tracking and classification of cases. If you've encountered this code on... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for North Carolina on
Q: False charges added later, wouldn’t those charges had been on my citation of what I was charged with?

Greetings, I was beaten by multiple officers, kicked in the face and bitten, had to receive tetanus shot. On my citation of what I was charged with I have traffic violations when I got to jail they charged me with multiple drug charges and assault on officer which isn’t true. Wouldn’t those... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm really sorry to hear about your situation. When you are initially cited, the charges listed on the citation are typically what you are being formally charged with at that time. If additional charges, such as drug charges or assault on an officer, were added later, they should still have... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: I have a misdemeaner larceny charge. The cameras have me putting stuff back before I took again. Can that show borrowing

So I went and got their pressure washer then put it back for a day and took wheel barrow. Then came and got pressure washer next day. Can the fact I put it back for a day help argue I was borrowing it and it was stolen from me

John D. Pritchard
John D. Pritchard
answered on Jun 7, 2024

Maybe so. Larceny is the crime of someone:

1) Taking

2) Personal property

3) That is in the possession of another

4) Carrying it away

5) Without consent

6) With the intent to deprive the possessor of it permanently

7) With the knowledge that...
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1 Answer | Asked in Criminal Law, DUI / DWI and Native American Law for North Carolina on
Q: MY SON IS GOING TO COURT FOR HIS 2ND PROBATION VIOLATION IN NC. DO U KNOW THE AMOUNT OTF TIME THAT ENTAILS. HIS FIRST

VIOLATION HE RECIEVED 3 DAYS. THE CODE FOR HIS CHARGE IS 5083 15A-1345. HE HAS ANOTHER CHARGE IN CHEROKEE NC ON TRIBAL LANDS HE HAS 2 DUI CHARGES THERE AND ONE OF THEM THAT HE WAS CHARGED WITH HE WAS OUTSIDE THE VEHICLE WHEN THER OFFICER ARRIVED AND HE GOT CHARGED ANYWAY. ANY ADVICE IN THIS... View More

John D. Pritchard
John D. Pritchard
answered on Jun 7, 2024

If your son's probation violation is for absconding (running away and not allowing himself to be supervised) or for committing a new crime, it is possible his entire sentence could be activated and he would have to serve it. If it is for anything else (not paying money, positive drug tests,... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: how can a walmart in SC issue a warrant for my arrest, making me a fugitive in NC if I wasn't even aware of a crime?

ok I know walmart didn't issue the warrant, it's for a misdemeanor larceny.

I was stopped in NC got a drug charge, bail has been made.

The people in SC today said it's not even a felony, they just used to fugitive warrant for a hold. No one made me aware of my... View More

James L. Arrasmith
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answered on May 28, 2024

It sounds like you're in a very stressful situation. To get out of this, you need to take a few important steps. First, contact your public defender or a private attorney immediately. Explain your situation, emphasizing that you were unaware of the larceny charge and that no one informed you... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: If I have an attorney representing me in my case, can I hire a different lawyer in NC just for a Bond Reduction Hearing
John D. Pritchard
John D. Pritchard
answered on May 21, 2024

The short answer is yes, although it perhaps would be frowned upon and could affect one's ability to continue to argue that he/she is indigent. But there was an ethics question in 2022 about this specific issue, and the Ethics Committee specifically stated that such an arrangement is ethical... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: was driving I get pulled over the passenger had drug's on her but they charged her an I bouth with scl2 can I beat

I had nothing on me but they changed me to it was her but she try saying it was my I think

John D. Pritchard
John D. Pritchard
answered on May 20, 2024

The short answer is yes, you can definitely beat these charges. But it's not a slam dunk and you should get competent legal representation.

"Possession" has multiple meanings in the law. There is actual possession, meaning you had something in your hand or pocket....
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1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for North Carolina on
Q: If a person has been convicted of a federal felony, served their time but was wrongfully convicted. What can he do?
John D. Pritchard
John D. Pritchard
answered on May 20, 2024

There are three broad ways that a person can challenge a federal conviction, but none of those may apply to this situation.

First is the most common and widely understood--the person may appeal his/her conviction to the Court of Appeals. (And in rare circumstances, may appeal from there to...
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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for North Carolina on
Q: I was assaulted by police for no reason can I sue them
James L. Arrasmith
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answered on May 1, 2024

I'm sorry to hear about your experience. If you believe you were assaulted by the police without justification, you might have grounds to take legal action. The first step is to document everything related to the incident, including any medical reports, witness statements, and your own... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: Hello! My fiance is in jail right now and he waiting to be sent to North Carolina. He ran on his probation in June 2021.

With only 4 months to go without registering a change of address. I was told this happened before a few years ago. He only served maybe 60 or so days is what I'm told and the rest on probation til October of 2021 but

ran before he could. Could he be facing the same charges or could... View More

James L. Arrasmith
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answered on Apr 16, 2024

I understand that this is a challenging and stressful situation for you and your fiance. The consequences for violating probation by failing to register a change of address and fleeing can vary depending on the specific circumstances and the laws of the state where the original offense occurred.... View More

1 Answer | Asked in Civil Rights and Criminal Law for North Carolina on
Q: How do I find out if my house was raided illegally?
James L. Arrasmith
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answered on Apr 16, 2024

If you believe your rights were violated during a police raid, the appropriate action is to consult with a qualified criminal defense attorney who can review the specific details of your case. An attorney can assess whether proper procedures were followed and if there are grounds to challenge the... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: Do dismissed cases show up on your criminal record?

My credit reporting system notified me that I have a court record from June 2005. It was a trespassing charge for hanging out in a Walmart parking lot. It was dismissed. Does this show up on my criminal record?

W. Scott Harkey
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answered on Apr 8, 2024

In North Carolina, even if your charges are dismissed, your criminal record will indicate that you were charged with the offense. Your record will also show that the charge was dismissed. An experienced attorney can assist you with having it expunged from your record so it will not show up at all.

1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for North Carolina on
Q: Is this extortion?

I received a letter in the mail from home depot threatening to lower my credit limit if I do not make a purchase by a certain date. They have done this to me once before and when I was near a home depot working on a project I had to get my limit increased again. I feel like if they threaten to... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 7, 2024

There is nothing illegal about this. Citibank (who I believe issues the cardit card) has the right to change the terms of your card at any time by notification. Any bank can close your card if you do not use it after a certain amount of time, as well. Accepting the reduced credit limit will hurt... View More

1 Answer | Asked in Consumer Law, Criminal Law and Personal Injury for North Carolina on
Q: My things were in a fire at a storage facility. The biz isn't letting me look through my destroyed unit for salvage.

I feel like I'm getting the runaround from this company. At first they told me a customer used a code to get in and set it on fire, and now they're telling me they cut their way in and did the same.

The problem is this: I think some things survived in this fire, but they... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 8, 2024

Your property should be covered by your homeowners or renters insurance policy. Turn in an insurance claim and your own insurance company will help you get access.

If you did not have insurance, that's too bad because most likely the storage facility is not at fault whether a customer...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: My phone was taken as evidence a year ago. I know there is no evidence on the phone.its been a year. How do I get it bac
Lynn  Norton-Ramirez
Lynn Norton-Ramirez
answered on Mar 4, 2024

It depends if the case or investigation that precipitated the seizure of the phone is still pending. If it has been closed, a Return of Property order signed by the judge and addressed to the law enforcement body in possession of the phone is recommended. If the investigation and/or case is... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: I got a felony violation charge just to get off probation, is this something that happens a lot and can I do anything?
T. Augustus Claus
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answered on Mar 1, 2024

In North Carolina, receiving a felony violation charge as a means to expedite the termination of probation is not a standard legal procedure and is generally not advisable due to the significant negative consequences of having a felony conviction on your record. Such an action could result in... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for North Carolina on
Q: Can a person be held locked up for 1st degree murder,denied bond twice, without any evidence except one person statement

laws have NO physical evidence.

person was previously in a bad dirt bike accident and has plates in both wrist, and is NOT physically capable of shooting a gun.

James L. Arrasmith
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answered on Feb 22, 2024

In North Carolina, as in other jurisdictions, it is possible for a person to be held without bond on serious charges such as first-degree murder, based on the severity of the alleged crime. The decision to deny bond typically considers factors such as the nature of the charges, potential risk to... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: I had a felony expunged. It still shows up on records like truth finder. How it this removed. It's 30 years old
T. Augustus Claus
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answered on Jan 26, 2024

First, verify that the expungement order was properly processed and filed. If the expungement was done correctly, reach out to the relevant authorities or agencies to request a thorough update of their records. Additionally, contact TruthFinder directly to inquire about their data sources and... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: My friend has 17 dismissals with leave in North Carolina from 2007 tell 2020 what does this mean.
Brad Trexler
Brad Trexler
answered on Jan 22, 2024

Dismissals with leave put this case in a sort of purgatory where they are still alive but will not be put on the docket. Most likely these cases will prevent your friend from getting a valid license but will not have much other consequence as the cases should not have any active warrants for arrest... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and Juvenile Law for North Carolina on
Q: neighbor videoed my 2 year old daughter while she was standing naked in our doorway on our property what can I do
James L. Arrasmith
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answered on Jan 11, 2024

If your neighbor videotaped your two-year-old daughter while she was naked on your property, this is a serious concern that may involve privacy and child protection laws. In North Carolina, it's illegal to photograph or record a minor in a state of undress without consent, and this can... View More

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