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North Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for North Carolina on
Q: Have a fta and no lawyer lost job couldn't hire got moved to suppior without court date checked online never showed up

My court date never got posted online don't know what to do have no lawyer now have fta and went to court end of November didn't get arrested for the fta from Oct 31 but bonds man called My dad the other day and told him I missed court but like i said I searched and searched never showed... Read more »

Nick Benjamin
Nick Benjamin
answered on Feb 8, 2023

Hire a lawyer, they can speak with a district attorney about getting your case reset and having the warrant withdrawn

1 Answer | Asked in Criminal Law for North Carolina on
Q: can a 20 year old go to jail if he gets a 17 year old pregnant ?
Christopher A. Beechler
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answered on Feb 3, 2023

No (usually). The age of consent in NC is 16. However, there are 2 general exceptions.

14-27.32. Sexual activity with a student.

(a) If a defendant, who is a teacher, school administrator, student teacher, school safety officer, or coach, at any age, or who is other school...
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1 Answer | Asked in Appeals / Appellate Law, Criminal Law and DUI / DWI for North Carolina on
Q: In North Carolina does the state have the right to appeal a DWI case to Superior Court.

District Judge dismissed and suppressed the arrest of a DWI case because arresting officer violated defends 4 amendment rights by arresting defendant inside his home with no probable cause and no search warrant.

Nick Benjamin
Nick Benjamin
answered on Jan 28, 2023

yes, they can appeal if it’s motion to suppress.

1 Answer | Asked in Criminal Law for North Carolina on
Q: Statue of limitations for larceny of theft in NC

I’ve read online from some employees of large corporations like Walmart and Target that these companies have a tendency to avoid prosecuting thieves until they have accumulated enough stolen property to constitute a felony. This begs the question of statute of limitations from misdemeanor to... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 24, 2023

This is a criminal law question, not a consumer law question. As far as a civil lawsuit, the statute of limitation for money owed is 3 years not matter what the amount, and it starts fresh with each incident. Please repost this under Criminal Defense.

3 Answers | Asked in Criminal Law for North Carolina on
Q: If I took papers out on someone and decided to drop charges can I do that
Nick Benjamin
Nick Benjamin
answered on Jan 23, 2023

If the district attorney allows it, then yes. 95% of the time they will allow it. You may still need to go to court to tell the DA you want it dismissed

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3 Answers | Asked in Criminal Law for North Carolina on
Q: If I took papers out on someone and decided to drop charges can I do that
Philip J. Clarke III
Philip J. Clarke III
answered on Jan 24, 2023

You should talk with someone at the district attorney's office as soon as possible, and let them know your reasons for not wanting to continue with the charges. Various people could be spending time on the case, so the sooner the better

It sounds like maybe you were the victim in a...
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1 Answer | Asked in Criminal Law and Traffic Tickets for North Carolina on
Q: My court date on the paperwork served on me is 03-06-23 but I just received a letter from clerk of court with different

I received a letter from the clerk of court with a different court date what should I do

W. Scott Harkey
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answered on Jan 20, 2023

You should contact the clerk directly to confirm that the date provided on the letter is the correct court date. You should also search for your court date at https://www.nccourts.gov/court-dates to confirm your court date.

2 Answers | Asked in Criminal Law for North Carolina on
Q: can i ask a clerk of court why someone is on probation and terms of their probation
W. Scott Harkey
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answered on Jan 16, 2023

Yes. This is a matter of public record. You can go to the Clerk of Court in the county where the offender was ordered by the court to be placed on probation. The Clerk will be able to look up the individual's name, offense, case disposition, and any other specifics. You can also request a copy... Read more »

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1 Answer | Asked in Child Custody, Family Law and Criminal Law for North Carolina on
Q: Nc child custody lawyer need help. Have to go back and want to know gull extend of options believe been screwed

Had custody case got 5050. Unsure never got a final copy and has been 4 years. Problems have persistent need to go back feel like right have been violated with the case need help going back

Stephen Edward Robertson
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Stephen Edward Robertson
answered on Jan 12, 2023

First you should call the clerk of court to find out if an Order has been entered. You should have been served, but it is possible that an Order was entered without you being served. The clerk will be able to inform you of the status of the case. If there is no actual written Order in the file,... Read more »

2 Answers | Asked in Criminal Law for North Carolina on
Q: I have a pending case ..I'm currently in drug treatment and my center sent in documentation. Now I dont see my case

My case is not showing up on the docket. I've searched high and low its like It's disappeared. I was told I was indicted but nothing. Is it possible the case was dropped?

Nick Benjamin
Nick Benjamin
answered on Jan 10, 2023

It could mean you missed a court date and have a warrant, or it could mean you were indicted and haven’t been served with the indictment, among other things. Call your lawyer if you have one, or you can possibly call the district attorneys office and they can give you an update, or the clerks... Read more »

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1 Answer | Asked in Personal Injury and Criminal Law for North Carolina on
Q: If someone handed the person the tire iron who they be charged too. And the woman mased me before she hit me in the heed

She split my ear in half. It was all recorded on a ring door bell but they erased it. Can u recover the video

Nick Benjamin
Nick Benjamin
answered on Jan 6, 2023

These are very specific questions, but there’s no background to describe exactly what happened and to whom. You should contact a defense attorney, who can hear the story and give you advice. Most offer free consultations over the phone.

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for North Carolina on
Q: Is it illegal (criminally or civilly) to forge timestamps on a commitment custody order?

I am the victim of criminal abuse of the civil commitment process. Among the wrongdoings committed was the officer deliberately entering false timestamps on the custody order for the time taken into custody and time delivered to the examination unit. He deliberately entered both times as exactly... Read more »

W. Scott Harkey
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answered on Jan 4, 2023

Forgery of Writings is a common law offense in North Carolina. Common law forgery occurs when someone 1) falsely makes or alters a writing; 2) at the time the person made or altered the writing they intended to defraud; 3) the writing appeared to be genuine; and 4) the writing, if genuine, would... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: I'm looking for a public defender I only know her first name it's Sara she works in McMinnville tn she is my son's lawye

She is my son's lawyer and I need to speak to her but I don't know her last name thank you she works in McMinnville tn

Nick Benjamin
Nick Benjamin
answered on Dec 27, 2022

You should call the Warren County clerks office - they will be able to tell you her last name and will probably have her contact information as well. 931.473.2373

1 Answer | Asked in Criminal Law for North Carolina on
Q: What does statute 15a-727,733,734 mean and is he getting arrested in court tomorrow

He was arrested in NC for a warrant in Virginia. I made his bail in NC and Tom he has court and these statues are on court calendar. Will he be arrested and sent to va tom in court?

Nick Benjamin
Nick Benjamin
answered on Dec 15, 2022

He has an extradition warrant. Virginia has 90 days to issue a governors warrant for his arrest, otherwise the extradition warrant will be dismissed. If they had issued the governors warrant, he probably would have been served already, but yes there is always a chance that the governors warrant... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: In North Carolina, what court cases would include a firearm or something about the ownership rights using judicial?
Nick Benjamin
Nick Benjamin
answered on Dec 14, 2022

Please rephrase your question and give it context, I’m not sure what you’re asking.

1 Answer | Asked in Criminal Law for North Carolina on
Q: Is there a feasible legal way around missing a court date for a legitimate health or indigent situation?

I am basically homeless nine months pregnant no friends or family where I am missed court and also there are charges. I don’t know what or where they came from. I need help immediately and I don’t have any money or any way to get any. Please help me.

Nick Benjamin
Nick Benjamin
answered on Dec 10, 2022

Being indigent does not make you unable to make your court date. If you have a health reason, such as you were in the hospital, get some paperwork showing that, and bring it to court when it is in session and ask the judge to strike the warrant. Ask for a public defender, and if you already have... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: North Carolina HOUSING/EVICTION/FORECLOSURE/TENANTS Disgruntled neighbor threatening to file criminal charges

Does this person by what I've told you have any legal grounds to take criminal charges on me

Nick Benjamin
Nick Benjamin
answered on Dec 10, 2022

What’s your question?

1 Answer | Asked in Criminal Law and Sexual Harassment for North Carolina on
Q: Is there a limit on time? What happens if reported outside of limitations?

I disclosed to a current employee at the high school I graduated from that a coach had sexual relations with me while I was black out drunk and was a 16 year old student at the school. I graduated in 2013 and was more so looking to have them be cautious/keep an eye out for behavior moving forward.... Read more »

Nick Benjamin
Nick Benjamin
answered on Dec 7, 2022

In NC, there is no statute of limitations for felonies.

1 Answer | Asked in Criminal Law for North Carolina on
Q: Can I get charged with drugs if a detective let's me go after he seen I had drugs

The cop said he was a detective but didn't show a badge didn't do anything routine that they are supposed to do he said he works with the police department but not at it

Philip J. Clarke III
Philip J. Clarke III
answered on Dec 6, 2022

Simply, yes, very possibly. You included very few details. Can you get "Charged with drugs"? It sounds to me like you expect to be, or have already been charged with some kind of drug charge. If so, then you have your answer as to "charged". However, it is one thing to... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: 6 FelonyLarceny by Employee. Guilty. No criminal records. Can I still avoid jail time? Can I do programs instead?

Hello. I really need your help and advice. I hope you can help me, please. I’m charged with 6 Felony Larceny by Employee at Walmart on November 21, 2022. Yes, I’m guilty of stealing 6 jackets (total amount around $150). I have no criminal records. I made a terrible human mistakes. I’m... Read more »

Philip J. Clarke III
Philip J. Clarke III
answered on Nov 28, 2022

Good that you see clearly your mistake. Good that you have no record and are not in jail. Since you are suddenly stealing I guess you are broke, so you need to ask that an attorney be appointed to represent you when you go to court -- an/or you might call a criminal defense attorney as soon as... Read more »

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