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North Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: What does case number 21ucs846
Mr. Damon Chetson
Mr. Damon Chetson answered on Jul 22, 2020

21 U.S.C. Sec. 846 the section of the United States Code (U.S.C. or federal law) that defines a drug conspiracy and the penalties associated with a drug conspiracy. It says: "Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: NC Resident : Will I go to jail for having possession of an empty grinder? Officer said it was a ticket

The driver of the car did have weed on him which I had NO IDEA about bc he was just giving me a ride

Mr. Damon Chetson
Mr. Damon Chetson answered on Jul 22, 2020

Unlikely. Possession of Marijuana Paraphernalia in North Carolina is a class 3 misdemeanor which is punishable by court costs and a fine for most people. People who have very significant misdemeanor (5 or more prior convictions) criminal records are eligible for active sentences of up to 20 days... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: Is my criminal history supposed to be in my motion
Mr. Damon Chetson
Mr. Damon Chetson answered on Jul 22, 2020

You seem to be referencing your "discovery." Discovery is the material provided to you (through your lawyer) by the prosecutor's office in the state or federal system. The Motion for Discovery is the method by which the lawyer requests that discovery be provided. People often... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: In a criminal case what does the original guilty or not guilty plea weigh on your judgement
Mr. Damon Chetson
Mr. Damon Chetson answered on Jul 22, 2020

Your question is a bit unclear. Your original plea doesn't officially affect your judgment, but would be reflected on the judgment to indicate how you pled.

But certainly the fact that you pled guilty can be taken into account by a sentencing judge in fashioning an appropriate...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: Can I find out the conditions of my parole (post-release) ?
Mr. Damon Chetson
Mr. Damon Chetson answered on Jul 22, 2020

Prior to your release from the North Carolina Division of Adult Corrections (formerly the DOC), your parole officer (also called a probation officer) should meet with you to go over any standard terms of post-release supervision, including any special conditions. These generally include the... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: I’m a victim of domestic violence. I was charged with a misdemeanor for protecting myself. How can I resolve this?

I don’t want this to hold me back from finding employment.

Mr. Damon Chetson
Mr. Damon Chetson answered on Jul 22, 2020

On occasion, when police respond to a call relating to a domestic violence dispute, they will mistakenly arrest the true victim of the crime, believing that that person committed a crime and the aggressor did not. You still need to defend the case by hiring (or asking for a court appointed) lawyer... Read more »

1 Answer | Asked in Juvenile Law and Criminal Law for North Carolina on
Q: Can a 17 year old date a 24 year old in NC and not get into trouble? And will He go to jail if they have a baby ?

I’m 17 and my boyfriend is 24 and we had a baby together but we left his name off Because we was worried he’d get into trouble and get locked up and I don’t want that because I love him and I might be pregnant again with him and I want to be with him but I don’t know if they will throw him... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 20, 2020

A 17 year old is still a child, so yes, you can date if your parents allow it. 16 is the age of consent in North Carolina so unless you were having sex prior to being 16, he won't get into any criminal trouble or be 'thrown into jail (at least likely not for getting you pregnant) - so he... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: If you flee the state under house arrest & facing 4 felonies can out if state police catch it and bring you back?

My father in law can't be trusted. Wondering how easy it would be to get him if he fleed the state being on house arrest and facing 4 felonies all drug related. I would be responsible for his bond of 20k if he did.

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

Your question is somewhat unclear "can out" ??? The rest of it seems to ask if you are going to have to pay his bail bond if he flees, and that you don't trust him. So, the first question is why did you put up a bond for him in the first place if you don't trust him to honor... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: Can i drop charges i recently filed against someone? who would i need to get in contact with to do so if possible?
David Allan King
David Allan King answered on Jun 23, 2020

"Charges" is a criminal law concept. Only the government can press charges.

If what you mean is that you filed a lawsuit in civil court, you can file a withdrawal.

If you really did mean charges, and you are the alleged victim of the crime, you can contact the prosecutor...
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1 Answer | Asked in Child Custody, Child Support, Criminal Law and Divorce for North Carolina on
Q: My ex wife is trying to blackmail me in order to see my kids is that legal
William Jaksa
William Jaksa answered on May 5, 2020

No. You should direct the question to a lawyer that practices family law.

1 Answer | Asked in Criminal Law and Personal Injury for North Carolina on
Q: on January 26, 2020 I was assaulted. I have a criminal case coming up.Do I have to sue separately for damages, wages?

I would like to know if they will be able to compensate me for pain and suffering and lost income in the criminal trial or will I need to file a separate case>

Peter N. Munsing
Peter N. Munsing answered on Apr 23, 2020

A criminal court can add "restitution," but that only works if the no-good has money. Some states have crime victim compensation acts. Ask the DA's victim assistance coordinator about that.

You can file a civil case, but unless the person is covered by insurance that is...
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1 Answer | Asked in Criminal Law, Divorce, Domestic Violence and Small Claims for North Carolina on
Q: My ex stole my car and is refusing to return it it’s in my name.

My ex and I recently broke up and he has stolen my car and is hiding it somewhere and refuses to bring it back. The title is in my name. Will the police do anything?

Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 15, 2020

If by ex you mean husband - the police likely will not do anything. If you mean ex as in boyfriend - then is is possible they will consider it theft. You should call either way. Best of luck.

1 Answer | Asked in Criminal Law for North Carolina on
Q: I currently have pending misdemeanor charges for several things and I need some answers.

Will pending misdemeanor charges for possession of weed, concealed carry without a permit and reckless driving prohibit me from obtaining my concealed carry handgun permit in NC?

Bill Powers
Bill Powers answered on Mar 10, 2020

GREAT QUESTION

The Concealed Carry Permit in North Carolina is largely controlled by NC Criminal Law Chapter 14-415.11 and N.C.G.S. 14-415.12.

In addition to certain conditions precedent regarding attending and passing coursework, some level of discretion is given to the Local...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: What am I facing for a felony larceny by employee charge, possession of stolen goods and felony false pretense charge?

I have a clean criminal background.

Bill Powers
Bill Powers answered on Mar 3, 2020

GREAT QUESTION

N.C.G.S. § 14-74 covers Larceny by Employee charges in North Carolina.

Ordinarily, that is a Class H felony. BUT, that is dependent on the amount at issue.

If the value of the money, goods, or other items that are illegally taken is $100,000 or more, the...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: What are the consequences of a misdemeanor Larceny first offense. Background is clean and never been in trouble with law
Mr. Ronald J Shook II
Mr. Ronald J Shook II answered on Feb 20, 2020

Good Question!

Larceny is a Class 1 Misdemeanor under NCGS 14-72. The maximum punishment for this offense for a person with no prior record is 45 days of Community Punishment. This means that you are probably not facing jail time, and at worst, will receive a fine and unsupervised...
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1 Answer | Asked in Criminal Law and Traffic Tickets for North Carolina on
Q: If a lawyer set a court date for me on a 16 year old bounced check. Is the warrant still active? Or am i okay till then?

16 year old bounced check warrant in NC. I live in another state right now. I just found out about the warrant. I hired a lawyer. He now has a court date for me. Being i now have a court date, does that nullify the warrant til court date? Also isnt there a statute of limitations on this. All also... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 11, 2020

If you have already hired an attorney, the logical thing for you to do would be to call the attorney you hired. Asking questions on a public forum like this kinda defeats the purpose of having hired an attorney. As to whether the warrant is still active - sometimes they are stricken prior to the... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: Almost 10 years ago(18 years old/first offense), I was charged with 2 felonies, did a plea deal for a misdemeanor-

-conviction. Is there a way to have the outcome retracted, and original charges dropped? State of NC

Bill Powers
Bill Powers answered on Feb 6, 2020

GREAT QUESTION

The NC Criminal Laws have changed substantially over the last few years, giving some people the opportunity to clear their record.

In North Carolina we call that an "expunction" or "expungement."

There are limitations, expungements are not...
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1 Answer | Asked in Criminal Law and Traffic Tickets for North Carolina on
Q: Failure to transfer title within 28 days - guilty of class 2 misdemeanor?

If you don't transfer title within 28 days after sale of vehicle, NC G.S. 20-73 seems to indicate you are guilty of a class 2 misdemeanor. Does that mean if I go to the DMV and transfer the title now (including paying the DMV's late penalty fee) that I will have a class 2 misdemeanor on... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 23, 2020

No, you do not just 'magically' get a class 2 misdemeanor tacked onto your record. You'd have to be formally charged and then convicted and most DA's aren't interested in prosecuting someone who didn't realize they need to do a title transfer. If you go take care of... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for North Carolina on
Q: My daughter was babysitting for her aunt and she beat her up she did defend herself she’s 17. What should I do

She repeatedly slapped my daughter in the face she had her by the throat. My daughter want to know if they will report her to dad she has to children that I believe may have seen it she is worried about the kids but that she will get in trouble for hitting her back

Adam Bull
Adam Bull answered on Jan 12, 2020

If daughter was not the aggressor and didnt start the altercation, and if she has injuries, then go to the magistrates office and take out assault charges. Nothing prevents aunt from doing the same thing.

Clearly this is an unhealthy family relationship, and I would sever contact until it...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: If someone files a false police report what happens

Reported vehicle was stolen and filed false police report but the vehicle wasn't stolen

Bill Powers
Bill Powers answered on Jan 11, 2020

GREAT QUESTION

There are both felony and misdemeanor "false police report" charges in North Carolina, see:

https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-225.html

§ 14-225. False reports to law enforcement agencies or officers....
Read more »

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