North Carolina Criminal Law Questions & Answers
Q: Will my crime record affect getting a green card?
Hey! Im an European citizen, my fiancé is a marine and I’m 6 months pregnant. I got tickets to the USA in July to get married and start our family together and apply for green card and use parole in place to stay there.
I’ve committed a crime ( shoplifting) and I will have to pay a... Read more »
Shoplifting is often termed as a petty offense. The fact that you committed a petty crime does not bar you from obtaining a green card; you may still be admissible to the United States. The decisive factor is whether you have committed shoplifting on more than one occasion, and whether you entered... Read more »
Q: When I was an adolescent my mother did therapy with me in our living room. Is it possible to sue for this?
My mother changed careers when I was a pre-teen, and she was a fairly inexperienced counselor. I came to her with normal teen problems, i.e. concerns about not fitting in in high school and she offered to do counseling with me in our house. I didn't know better so I accepted. In hindsight, this... Read more »
You not only want to blame talks you had with your mommy as a pre-teen for the problems you have as a 30 year old adult but want to sue her for it as well? There is no circumstance I can think of where legal action for something like that should have even crossed your mind let alone be something... Read more »
Q: What can I do to have my father arrested for committing a serious crime against my wife?
We have the investigation report showing he completed the crime and him admitting it. But he has people to do things for him (his words) and it is a serious crime. A judicial official in Durham NC helped him and I believe that’s why nothing is being done. He has stalked her, chased her all... Read more »
Your story just doesn't add up. If he has stalked her - just go to your local magistrate and swear out a warrant. If you can't get a warrant, odds are it didn't amount to stalking rather than mysterious 'official forces' are conspiring against you. Also, describe events clearly and accurately -... Read more »
Q: Can an authorized user on a checking account go in and cash to the owners checks and make changes
The authorized user on my grandmother's account has been cashing her checks and not giving them to her and also making serious changes to the account without the account owner's presence is this legal
There is a very common belief that there is a difference between an "authorized user" of a personal bank account and a "co-owner" of a personal bank account. While there are several different kinds of bank accounts, access to each type of bank account is either defined in the contract sometimes... Read more »
Q: Received my first citation ever officer said he clocked me at 97 in 65 limit . i was charged with speeding and reckless
I was behind 3 cars the entire way and car displayed 87 not 97 . i also have improper equipment due to my check engine light displaying my car has multiple issues with lost body control malfunction . left speed sensor malfunction and lost communication with panel cluster. Dealing with speed... Read more »
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.
The charge (in Mar 2007) was "Resisting Public Officer" (Statute 14-223), the Statute on his record is 14-277 (A) (4) NC which is "Impersonation of Law Enforcement or Public Officer"
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.
Estranged daughter plays on sympathy of early dementia patient (mother). Other sibling is paying bills...finds out after the fact the check was written Raleigh NC not Mathews NC
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?
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.
Good afternoon. My spouse was arrested and during his first appearance the judge stated he had several FTA's and would not reduce his bond. He attempted to explain that they were looking at the wrong inmate information because he doesn't have any FTA's, but the judge stated he didn't want to hear... Read more »
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
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... Read more »
Q: Will the death penalty be abolished in Raleigh NC soon? If so when?
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.... Read more »
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.
My hubby saw "CAP" arrested@ scene but wasn't asked if he wanted to press charges & he wasn't notified of her court date. Her ins Co conceded the max of 30k BUT wants us to sign a "Release of ALL Claims NOT TO ENFORCE JUDGMENT" against the driver "CAP" & the man holding the policy, "CB". I found... Read more »
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.
This is my 2nd ticket, my past ticket was for not wearing a seatbelt and it was over a year ago. What should I do and what kind of fines/punishments am I facing? I am in North Carolina.
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 -... Read more »
Q: I'm on probation for 2 felonies and 3 misdemeanors..I just caught another felony charge of same crime, what happens?
Its same felony I'm already on probation for..what's gonna happen??
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... Read more »
Q: I am on felony probation I got a dwlr yesterday will that violate my probation
None
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... Read more »
Q: Why is it important for the criminal justice professional to understand the law?
Why is it important for the average citizen to understand the law? What can happen if one is ignorant of the law or constitutional rights?
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... Read more »
Q: Can i do a poj in NC for misdemeanor larceny? First time offense.
This will be my first time ever going to court , i am 17 . And i don’t know how to handle the situation. I’m going to the Navy In January i can’t have this on my record .
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
He's already going through charges for felony b&e, felony conspiracy and felony larceny after the fact. He only has a charge for fighting on his record from 2 yrs ago. What can I expect???
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?
Lady was warranted and arrested for drug charges and child abuse charges for drug bust but was not at the home only share address there. She has been in jail for almost 6 months. Is this legal??
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
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... Read more »
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