North Carolina Criminal Defense Legal Questions

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175 legal questions have been posted about criminal law by real users in North Carolina. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include theft, weapons charges, and death penalty. All topics and other states can be accessed in the dropdowns below.
North Carolina Criminal Defense Questions & Legal Answers - Page 4
Do you have any North Carolina Criminal Defense questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 175 previously answered North Carolina Criminal Defense questions.

Recent Legal Answers

Would I need to make this a corporation in order to avoid any legal problems that might arise?

Answered 12 years and 6 months ago by Ronald A. Steinberg (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Criminal Defense
A corporation insulates the principles in the corporation from personal liability. However, most banks and financing institutions will require personal signatures of the officers, etc. in order to loan money. If you do something wrong, then you can be sued personally, however you cannot be sued personally if an employee screws up.... Read More
A corporation insulates the principles in the corporation from personal liability. However, most banks and financing institutions will require... Read More

Is it legal if I was fired from my job on suspicion of felony theft and before my boss called the cops she asked me for money?

Answered 12 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Criminal Defense
Legal or not, you've got a felony theft on your hands. Theft is a crime of moral turpitude, and if convicted you can kiss your career aspirations goodbye. Hire a lawyer before you get duped into a plea you will regret for life.
Legal or not, you've got a felony theft on your hands. Theft is a crime of moral turpitude, and if convicted you can kiss your career aspirations... Read More
I would think so if that is really how it went. 
I would think so if that is really how it went. 

How long can someone be held in county jail before going to court

Answered 12 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
You really need to ask his lawyer. I am not familiar with NC law, but he could be held by 1) a bond on the current case, 2) a probation warrant, for being on probation when the new crime happened or 3) a bench warrant from the current judge because he missed a trial. His attorney cannot help you with #1, bond, but can help you with #2 and #3, by filing a motion. ... Read More
You really need to ask his lawyer. I am not familiar with NC law, but he could be held by 1) a bond on the current case, 2) a probation warrant, for... Read More

when is a court appointed attorney considered negligent

Answered 12 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
If what you say is true, the attorney is not doing his job. Family or friends should first try calling this attorney and explaining the concerns as nice as possibly. The defendant should put his concerns in letters to the attorney. If none of this works, the defendand can write to the judge, inform the judge that he is not being represented effectively and wants a new attorney appointed. This is not an uncommon situation. ... Read More
If what you say is true, the attorney is not doing his job. Family or friends should first try calling this attorney and explaining the concerns as... Read More

Can a cop charge you with something after the fact?

Answered 12 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, the police can catch you with weed, let you go, then ask you to "cooperate" by working for them as a snitch, with the promise of lienency. At this point, i would get a lawyer if you can afford it. 
Yes, the police can catch you with weed, let you go, then ask you to "cooperate" by working for them as a snitch, with the promise of lienency. At... Read More

How can I keep this petty theft ticket off my record?

Answered 12 years and 6 months ago by Jared Clayton Austin (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Criminal Defense
A lot of jurisdictions offer a diversion programs for first time offenders which would keep the matter off your public record. Consult with an experienced attorney in your area for more information.
A lot of jurisdictions offer a diversion programs for first time offenders which would keep the matter off your public record. Consult with an... Read More

Do I really have to pay civil demand?

Answered 12 years and 7 months ago by Jared Clayton Austin (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Criminal Defense
You don't have to leave the store with the merchandise, just pass the last line of checkout with the intention of not paying for the items. According to the statutue, they can demand you pay a civil demand fee or take action against you.
You don't have to leave the store with the merchandise, just pass the last line of checkout with the intention of not paying for the items. According... Read More

Do I really have to pay civil demand?

Answered 12 years and 7 months ago by Francis John Cowhig (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Criminal Defense
As a rule, I advise clients to ignore these civil demand letters. Unless you signed some agreement to pay this store, you owe them nothing. In order for you to owe them something they would have to sue you and win. However, It would cost them much more to sue you than they can ever hope to recover so they usually don't pursue it. With that in mind, I would advise that they can still take legal action against you by filing suit in small claims court. If you ignore these actions, a default judgment will be entered against you. So, although you can ignore the civil demand letter, do not ignore anything that comes from a court.... Read More
As a rule, I advise clients to ignore these civil demand letters. Unless you signed some agreement to pay this store, you owe them nothing. In order... Read More

What to do as owner of dog who nipped neighbor?

Answered 12 years and 7 months ago by Georges Herman Shers (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Criminal Defense
In California you have absolute liability for the dog bite [there is no one free bite and then liability]. Your insurance carrier may very likely cancel any insurance coverage for having a pit bull dog , not just refuse to cover the dog bite. Ask the lawyer how much the medical bills are. I doubt any lawyer will be involved in handling such a minor case unless he was just hired to write one letter or is a friend of the person bitten. That they have a new car does not mean they are in it just for the money; obviously they are in it for the money as that is the only thing they can sue for. You need to contact your insurance carrier and see what would happen if you went out and bought a pit bull [do not tell them that you have already done so]. The best thing to do probably is get rid of the dog, even though you may love him bit bulls are dangerous animals, that is why there is no insurance coverage when they are involved.... Read More
In California you have absolute liability for the dog bite [there is no one free bite and then liability]. Your insurance carrier may very likely... Read More

What to do as owner of dog who nipped neighbor?

Answered 12 years and 7 months ago by Thomas Edward Gates (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Criminal Defense
Do not follow the attorney's advise, it's unethical. It is interesting that an attorney would take a small case as this. He has minimal damages and no pain and suffering or lost work time. You do not have to pay for the fence since that is not a part of his injury. You need to retain an attorney, even if you have to pay him yourself. Dog bites are covered under most homeowner's insurance. One option you can consider is to file the claim and let your insurance carrier's attorneys deal with the matter.... Read More
Do not follow the attorney's advise, it's unethical. It is interesting that an attorney would take a small case as this. He has minimal damages and... Read More
Go to the police. This is criminal fraud. Then get a lawyer and sue the creature.
Go to the police. This is criminal fraud. Then get a lawyer and sue the creature.

In a shoplifting case when the police officer comes to the store, aren't they supposed to read me my Miranda rights?

Answered 12 years and 7 months ago by Alexis Anne Plunkett (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Criminal Defense
If you are simply arrested, the police are not required to read your rights. Miranda is invoked if the police question or interrogate you.
If you are simply arrested, the police are not required to read your rights. Miranda is invoked if the police question or interrogate you.

In a shoplifting case when the police officer comes to the store, aren't they supposed to read me my Miranda rights?

Answered 12 years and 7 months ago by Thomas Edward Gates (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Criminal Defense
Were you arrested? Miranda only applies when you are arrested and detained. You likely were free to leave after contact information was provided.
Were you arrested? Miranda only applies when you are arrested and detained. You likely were free to leave after contact information was provided.
Most likely, nothing. Miranda only applies if the cops want to ask you questions. If they just provided you a citation and/or arrested you for shoplifting, Miranda would not apply.
Most likely, nothing. Miranda only applies if the cops want to ask you questions. If they just provided you a citation and/or arrested you for... Read More

In a shoplifting case when the police officer comes to the store, aren't they supposed to read me my Miranda rights?

Answered 12 years and 7 months ago by Jared Christian Winter (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Criminal Defense
Miranda rights are not required to be read upon arrest. They only apply in certain circumstances. If in situations where they are required, a failure to Mirandize almost never results in a dismissal. Instead, any statements you made may be suppressed.
Miranda rights are not required to be read upon arrest. They only apply in certain circumstances. If in situations where they are required, a failure... Read More

In a shoplifting case when the police officer comes to the store, aren't they supposed to read me my Miranda rights?

Answered 12 years and 7 months ago by Marco Caviglia (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Criminal Defense
Only if they want to use a statement you may make or confession you may make at the trial.
Only if they want to use a statement you may make or confession you may make at the trial.

What if a plaintiff doesn't show up for a jury trial, what would happen to my case?

Answered 12 years and 7 months ago by Michael J. Breczinski (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Criminal Defense
The Plaintiff is the State. You mean the main witness against you. Well if they need the testimony to convict then either a delay of trial or a dismissal without prejudice.
The Plaintiff is the State. You mean the main witness against you. Well if they need the testimony to convict then either a delay of trial or a... Read More

What can I do if an investigator takes pictures after denying him permission?

Answered 12 years and 7 months ago by Michael J. Breczinski (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Criminal Defense
Yes what he can see from the road is fair game.
Yes what he can see from the road is fair game.

Can you resolve crimes you committed but have not been formally charged with?

Answered 12 years and 7 months ago by Michael J. Breczinski (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Criminal Defense
Wait for the Statute to expire. Do not wake sleeping dogs.
Wait for the Statute to expire. Do not wake sleeping dogs.

Is there anything I can do to help him after he was sentenced 25 years with no parole for conspiracy to sell crack cocaine?

Answered 12 years and 8 months ago by Ms. Lynn Cohen Norton-Ramirez (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
It is likely that he has exhausted his appeals. He can consult a criminal post conviction attorney to see if there is a Motion For Appropriate relief or a federal case.
It is likely that he has exhausted his appeals. He can consult a criminal post conviction attorney to see if there is a Motion For Appropriate relief... Read More