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An elderly man married a woman 13 years younger who has allegedly used him and spent his money. He is unaware that she is still married to another man in a different state. His family has hired a private investigator due to her alienating behavior and other red flags. What legal actions can be... View More 
answered on Mar 20, 2025
There is a lot to unpack there. Firstly, he didn't marry anyone. If she was married to someone else when she "married" that elderly man, the marriage to the elderly man is void (bigamy is illegal in NC).
Secondly, if she abused his funds, she could be guilty of a felony... View More
I had a criminal case dismissed in North Carolina 8 years ago. Will there be any documentation or records of my plea from that case, and are there any considerations I should be aware of regarding the record?
answered on Mar 10, 2025
Given that you said after your "plea" but that it was "dismissed" I presume you got a deferred prosecution or conditional discharge in which you pled to an offense and then were on probation for a period of time and after you complied they dismissed the charge(s). If so, the... View More
I'm currently on probation due to a financial obligation. I've paid off the amount due but still have five months left on probation. The conditions only require payments and monthly check-ins, and I have complied with these by providing receipts and submitting all check-ins online.... View More
answered on Mar 10, 2025
You can certainly hire a lawyer in your county to file for a modification of the terms of probation to either terminate (which probation officers usually want if you're otherwise in full compliance with the original judgment) or to transfer you to unsupervised probation. If the judge... View More
I've had 5 different public defenders I feel like my representation has been compromised. And I have became concerned about the quality of my defense
answered on Mar 2, 2025
That's a lot, but there is no firm number.
Why are they withdrawing? If it is because they discover a conflict once involved, they are doing the proper thing. Finding conflicts isn't uncommon especially if it is a complicated case with a lot of potential names/targets. You see... View More
I am facing a charge of Felony Serious Injury by Vehicle in North Carolina after a car accident in which the person I crashed into fractured both of her wrists. The incident involved DUI on my part, but I don't believe the injuries warrant such a serious charge. I am not satisfied with my... View More
answered on Mar 2, 2025
That's bizarre. Many people get court-appointed lawyers at first and then hire their own counsel once they have time to raise funds to do so. I'm not sure why any attorney who wants to make money would hesitate to talk to someone represented by a court-appointed one.
That said,... View More
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answered on Nov 7, 2024
Probably not.
The age of consent in North Carolina is 16, so a 17 year old is considered legally able to consent to sexual activity.
There are always exceptions. For instance, if the 24 year old were a teacher or coach at a school and the 17 year old was a student at the same... View More
answered on Oct 17, 2024
The short answer is yes.
To charge someone, the police only need probable cause, which is the same standard the State needs when it seeks an indictment from a grand jury. Simply put, probable cause means something is more likely than not. It's not the same as the beyond a reasonable... View More
A vehicle purchased via loan by Spouse B during a marriage, with loan payments made from Spouse B's own account where their income is deposited (marital funds), titled in Spouse B's name only.
NCGS § 50-20(b)(1) classifies the vehicle as marital property, making Spouse A an owner... View More
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answered on Aug 19, 2024
Parties who are considering tracking their spouses’ movements can refer to North Carolina General Statute §14-196.3(b)(5). This statute both defines the state’s understanding of an electronic device and notes that to install such a device, the installer must have their name on the affiliated... View More
I was pulled over with marijuana, gave the cops my box of paraphernalia, they gave me a ticket for possession. Months later the charges were dropped and new charges for trafficking were put on me. In the discovery of my felony charges it was claimed that a 3rd party contacted them with additional... View More
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answered on Jul 21, 2024
If the evidence used to search your property was falsified, you may have grounds to overturn your conviction. Given that the witness claims they never contacted the police and is willing to testify to that under oath, this new evidence could be crucial. You should file a motion to withdraw your... View More
And I know it may seem obnoxious but I was truly unaware. I submit receipts for Massage Therapy reimbursement through my FSA plan & I'm paid. I recently found out my medical insurance covers massage therapy & so I submitted a claim there for reimbursement & it was approved. My... View More
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answered on Jun 21, 2024
This situation involves potential fraud related to Flexible Spending Accounts (FSAs) and health insurance claims. Here's an overview of the legal implications and potential penalties:
1. FSA and Insurance Fraud:
What you've described could be considered fraud against both... View More
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answered on Jun 21, 2024
To properly address this question, I'll need to clarify a few points and provide some general information about the law in North Carolina regarding fleeing from police:
1. Terminology correction: The offense is typically called "fleeing to elude," not "fleeing to... View More
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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
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
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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
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
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... View More
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
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
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
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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
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
I had nothing on me but they changed me to it was her but she try saying it was my I think
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.... View More
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... View More
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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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