North Carolina Criminal Defense Legal Questions

While it may be disturbing to you, your rights as a victim regarding possession of a photo are limited to basically preventing the criminal from profiting from his crime but not much prevents them from bragging about it. So basically if he got a hold of a picture of you some how and is now showing it off and essentially bragging about raping you, there may not be much you can do about it. I find it more disturbing that you even found out about it especially if you are keeping tabs on your rapist. Anywho, if he is in prison, you could potentially contact the warden and / or some one in administration and they may take the photo away from him as they do control what property he is allowed to have.... Read More

You will have to provide more details in order for us to accurately answer your question.  For example, is it for first appearance, bond hearing, trial?  And would this be a misdemeanor, or felony?  And is it in District, Superior or Federal court?   As you can see there is a lot of information you left out of your question.  Please resubmit your inquiry with more details. ... Read More

You say that the court changed the courtdate and sent you a notification.  This is the proper procedure for them to notify you of a change in your court date.  This is not a reason for a dismissal.  If you would like to get your charge dismissed or reduced so that your insurance and driver's license is not affected, your best bet is to contact an experienced traffic attorney to handle the case for you. Another benefit of hiring an attorney to handle the case is that you don't have to take time off of work to go to court.  You can find an attorney on this website by clicking the find a lawyer link above.   ... Read More

Probably, especially if you are convicted. Most probationary sentences come with a caveat that you 'commit no crimes' during probation. So theoretically, you don't necessarily need to be convicted (although most probation officers will wait to see if you are convicted before violating you - if that's what they decide to do). As to what will happen - worst case scenario is you get violated and have to deal with the original sentence but it largely depends on your relationship with your probation officer and what kind of person the probation officer is. If they like you, they may let this slide. If not or you could have problems. Best of luck!... Read More

The purpose of a 50B is not to keep someone from entering a state.  It cannot prohibit that action no matter the reason.  An order under North Carolina General Statutes, Chapter 50B is issued for the purpose of protecting a person from further incidences of domestic violence. It protects the aggrieved party or minor children from those acts  It does not preclude a person from traveling to a particular state, only from coming in contact with a particular person or persons.... Read More

This depends on whether you are charged with a felony, a misdemeanor or a federal offense.  If you are charged with a misdemeanor, you will not be arerested on that warrant outside of the State of North Carolina.  If it is a felony or a federal offense, I cannot say whether you will get caught.  It depends on what kind of luck you have, and how vigilant the authorities are.  You should definitely speak confidentially with an attorney experienced in criminal law.  And you should definitely stop posting on the internet facts about you being a fugutive from the law.  All questions that ae posted here are visible to the general public, as are the answers.  Any member of law enforcement could have read your message.  If you would like to discuss your issue in greater depth, please call my office at 919-680-2300 to schedule an initial telephone consultation. ... Read More

That depends on which company is providing your potential employer with your background check.  Some will provide only convictions, in which case it would not show, and some provide both convictions and charges, in which case, it would show.    If your employer went down to the courthouse and asked for the record from the clerk in the county in which you were charged, it would definitely show on that one.   ... Read More

Your son is charged with a misdemeanor offense which if convicted would result him having a criminal record. Certain professions will not hire a person convicted of larceny. Depending on his prior record history, he may be eligible for some type of deferral. Your son also has the right to request a trial of this matter. You should consult with a lawyer.... Read More

The question is what was your agreement or contract with the school. That will control .you are not entitled automatically to a refund just because you change your mind. Your biggest problem may be the statute of limitations. You cant sue after 3 years from the date of the contract.(In NC)... Read More

You are not required to press charges but it would be incredibly dumb not to and I believe you have a moral responsibility to do so. This person needs to be in jail but at the very least, needs to never hold a position of financial trust ever again and a conviction will help insure that never happens. So basically what you are doing with your internal. turn the other cheek, repayment plan is potentially putting other people at risk in the future of having money stolen. Maybe next time it's more than $30,000 and maybe its from someone who can't afford to lose the money - is the church gonna mop up future messes? If you don't press charges, I believe you would have an obligation to mop up future messes.... Read More

Hopefully not! You being pregnant and going to counseling is fine but if he assaulted you, he needs to man up and take his slap on the wrist. Moreover a conviction will establish a paper trail for when he does it again and counseling or no, statistics show that odds are he will do it again. However, it is possible if you let the District Attorney know that is what you want but it will be the ADA's decision - not yours.... Read More

I do not know what county your charge was in but in the county where I practice you realistically would not get any time in jail. However, you should still consult with an attorney as there may be options available in that county that could result in a dismissal and potential expungement of the charge. There could also be issues with the stop, etc. as there are in almost every case.... Read More