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North Carolina Federal Crimes Questions & Answers

1 Answer | Asked in Federal Crimes, Family Law, Child Custody and Child Support for North Carolina on

Q: Can my ex get our child from another persons house?

I’ve hid our kid from him (I’m trying to sell the idea of him being unstable when he’s actually a good person, and really I’m I’m a bit off in the head for coming up with the idea to pretend that this fake daycare existed and the couple watching her have bought my story. He could have... Read more »

Angela McIlveen answered on Apr 25, 2019

Your ex would be able to pick up his child from another person's home without your consent. Hearing your story I'm afraid that you are setting yourself for a terrible custody case. NC judges are not very sympathetic to a parent who is withholding or hiding a child from another parent. It sounds... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on

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???

Gary Kollin answered on Aug 16, 2018

Based on those charges, I would get ready for him to go to prison

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on

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??

Gary Kollin answered on Aug 16, 2018

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

1 Answer | Asked in Criminal Law, Employment Law and Federal Crimes for North Carolina on

Q: Can I be charged for warning a coworker not to eat at a fastfood restuarant because someone working there has hiv?

I learned of this person hiv status at a previous job 4 years previous.

Bill Powers answered on Aug 1, 2018

1. You don't get HIV that way; and,

2. Talking about someone with HIV isn't a criminal offense in NC; and,

3. Check out: https://www.avert.org/hiv-transmission-prevention/how-you-get-hiv

No incident of food being contaminated with HIV-infected blood or semen has been...
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1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on

Q: if you get something expunged, does it still show on your record on a background check?

Bill Powers answered on Jul 17, 2018

GREAT QUESTION

The laws in North Carolina regarding expunction of dismissed charges has recently and substantially changed. Prior exceptions and limitations have been modified, allowing multiple expunctions for certain charges and extended time periods. There are still important...
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1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on

Q: i need to hire a criminal defense lawyer for my sister, who resides in costa rica. how can i obtain a power of atty?

my sisters name is being used illegally in Charlotte, North Carolina. we need help in dismissing the case, and demand strict proof of such accusations. i need help to clear her name and countersue for pain and suffering, along with the damages this has caused my sister and our entire family.

Bill Powers answered on Jun 29, 2018

GREAT QUESTION

Unfortunately, Power of Attorney does not authorize someone to stand in their shoes, at least as it comes to defending criminal charges.

Bill Powers

Charlotte Criminal Defense Lawyer

CarolinaAttorneys.com

1 Answer | Asked in Criminal Law, Federal Crimes and Family Law for North Carolina on

Q: If my parents put a restraining order on my 18 year old boyfriend when I was 16 and I am now 17, can it be lifted

I was sixteen and my bf was 18 when the put a restraining order on him, its been about a year since everything happened, i am now 17 and I want to get rid of it. Is there any way it can be appealed or lifted if i give a statement?

Amanda Bowden Houser answered on Apr 6, 2018

At 17 why do you think you have any say in the matter or that a statement from you is in any way relevant? Ask your parents, it is their restraining order not yours. At 18 the restraining order will no longer apply to you unless you are still living with your parents and even then, only when you... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for North Carolina on

Q: can my dad still get citizenship with criminal charges.

My dad took a plea deal for a felony drug charge; However, he came to the US when he was 17 on a visa and he married my sibling(s) mom and later in life married my mom who are both citizens. He was told that he could be facing deportation. Is there any way he could petition for citizenship?

Kevin L Dixler answered on Apr 4, 2018

This is not the only challenge that your father faces. I strongly recommend he make an appointment or teleconference with a competent and experienced immigration attorney as soon as possible.

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on

Q: after 5 to 7 years falsely testified at someone's trial will that individual face any charges

The individual that falsely testified at someone's trial wants to step up with the truth but is afraid of getting charged with anything

Bill Powers answered on Mar 13, 2018

That person needs to speak with an attorney immediately. A lot depends on the facts and circumstances of the testimony.

While a GREAT question, the internet is not the best place to do that.

Thanks for the inquiry!

Bill Powers

North Carolina Criminal Defense...
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2 Answers | Asked in Constitutional Law, Criminal Law and Federal Crimes for North Carolina on

Q: I just found out that a police report from 9 years ago says that I have a warrant for my arrest!

I recently got a copy of a police report dated back in 2009, but it states that a "warrant would be issued." I dont know why the police wrote that on there! In 2009, I called the police for domestic violence and they claimed that I lied when I didn't. They took me to the police station to get my... Read more »

Bill Powers answered on Mar 8, 2018

BEST to talk to an experienced Criminal Defense Lawyer where the Warrant for Arrest has been issued.

These things tend to be a bit complicated.

Many, if not most, defense lawyers in NC give free advice to start. We call that a free, confidential consultation.

GREAT QUESTION...
Read more »

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1 Answer | Asked in Federal Crimes, Gov & Administrative Law and Military Law for North Carolina on

Q: My pov was taken as well as the key, and was dammaged 500+ in damages, pictures of mistreatment. Can he take it?

My gunny took my “POV” ( motorcycle) and had it sitting out for months and through the weather, it’s faded the fairings, rusted sprockets , rusted chain, rusted kickstand, battery is busted, front tire flat, was vandalized ( brake lever broken off, and clutch lever broken and bent, (... Read more »

Patrick Korody answered on Mar 1, 2018

You can file a claim under the UCMJ or under federal law. Go see the base legal assistance/claims office. You can also file an 1150 complaint against the gunny.

2 Answers | Asked in Criminal Law, Traffic Tickets and Federal Crimes for North Carolina on

Q: Hi I am a British citizen serving in the Royal Marines commandos

In October I was caught speeding on route to Charlotte NC. I was charged with 2 offences ( speeding and speeding which could endanger persons/property)

My court date was in January however as I am in the UK and away on deployment I did not attend. I also didn't have a lawyer to represent me... Read more »

Amanda Bowden Houser answered on Feb 13, 2018

You very likely have an order for arrest outstanding. Fortunately this is a problem you can likely simply throw some money at to make it go away. Just hire the cheapest traffic attorney you can find and put this behind you.

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1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on

Q: Is it illegal to have sex with a 16 year old lady and 21 year old man? Also we both gave consent to the sex.

We been dating almost 2 yrs and taking things slow. I just don't want him or me get to trouble because of what we did. Is it ok to do so or wait a little bit longer when I'm older.

Kristen Dewar answered on Dec 5, 2017

Age of consent in NC is 16, so not, it's not illegal.

1 Answer | Asked in Federal Crimes, Gov & Administrative Law and International Law for North Carolina on

Q: Can international law enforcement set up a sting operation on a wire scam pick up?

I recently fell victim to an online dating/wire scam. I contacted my local authorities to file a police report and Western Union to file a fraud report. I have no legitimate address, phone number, or name to track the perpetrator. Is it possible for international law enforcement to set up a sting... Read more »

Richard Sternberg answered on Jun 7, 2017

You are asking the wrong people. This is a board for legal questions. You are asking a law enforcement question. Contact the police.

But, I will tell you that on-line scams are very interesting to the FBI. The problem is that the email locations are often untraceable and land someplace...
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1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on

Q: Can I own a firearm or firearms if my spouse has been convicted of a felony, served time, and completed probation?

I am in North Carolina. I have a Concealed Carry Permit.

Will Blackton answered on May 22, 2017

If your firearm rights have never been revoked and you have obtained the appropriate permits for ownership, you may own a firearm. If you live with your husband and your firearm is in your home, car, or somewhere your husband has access, your husband is in constructive possession of that firearm... Read more »

1 Answer | Asked in Criminal Law, Family Law, Federal Crimes and Juvenile Law for North Carolina on

Q: I am a 17 year old girl who is dating a 20 year old man. I turn 18 in 6 months.

My mom and her boyfriend do not approve of us. We hang out and still see each other so my mom has said she is going to file charges against him and take us to court. I would like to know if we're doing anything wrong? Or if there is anything I need to know about laws to keep us from trouble?

Amanda Bowden Houser answered on Sep 1, 2016

If you are disobeying your mother - then yes, you are doing something wrong. However, the more important question is is whether your boyfriend is doing anything legally wrong. Basically, the only thing your mother can legally do is keep you at home and prevent him from trespassing - maybe get a... Read more »

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