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 6
Do you have any North Carolina Criminal Defense questions page 6 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

Can my four year old child who was a victim of a sex crime be interviewed without one of his parents being present?

Answered 12 years and 11 months ago by Michael J. Breczinski (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Criminal Defense
Well they can try and do it but it may not be successful for them.
Well they can try and do it but it may not be successful for them.

Can my four year old child who was a victim of a sex crime be interviewed without one of his parents being present?

Answered 12 years and 11 months ago by Eric Jon Sterkenburg (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Criminal Defense
The police may interview a child witness without the parents present. This is because one or more of the parents may be a suspect. A child as young as four should have a qualified child interviewer asking the questions. The child should also have a child protective service worker present.
The police may interview a child witness without the parents present. This is because one or more of the parents may be a suspect. A child as young... Read More

What will happen if I was caught shoplifting $30 pair of headphones?

Answered 12 years and 11 months ago by Francis John Cowhig (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Criminal Defense
Depending on the amount allegedly stolen and the jurisdiction where the event occurred, shoplifting can be met with a mere citation (infraction), or charged as a misdemeanor or even a felony, with possible jail sentences of 6 months to 3 years. It will be up to the D.A. to determine how the crime will be charged. I suggest that you hire an experienced criminal defense attorney to represent you and get you the best deal possible.... Read More
Depending on the amount allegedly stolen and the jurisdiction where the event occurred, shoplifting can be met with a mere citation (infraction), or... Read More

What will happen if I was caught shoplifting $30 pair of headphones?

Answered 12 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Criminal Defense
Petty theft is a crime of moral turpitude, and if convicted you can kiss your college and career aspirations goodbye. Hire a lawyer before you get duped into a plea you will regret for life.
Petty theft is a crime of moral turpitude, and if convicted you can kiss your college and career aspirations goodbye. Hire a lawyer before you get... Read More

Could a first misdemeanor charge be reduced to a lesser charge so it won't ruin my record?

Answered 13 years ago by Mr. Raymond A. Bretzmann (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
We do not charge for consultations on criminal charges. There are many options by which an experienced attorney can help you avoid a criminal record.
We do not charge for consultations on criminal charges. There are many options by which an experienced attorney can help you avoid a criminal record.

Instead of probation, is there any chance I could get community service?

Answered 13 years ago by John George Galasso (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Criminal Defense
As the prosecutor if you can do diversion.
As the prosecutor if you can do diversion.

Can I challenge the legality of a search warrant?

Answered 13 years ago by John J. Carney (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Criminal Defense
Your public defender will challenge the warrant but it will probably be valid. He will advise you as to your best options.
Your public defender will challenge the warrant but it will probably be valid. He will advise you as to your best options.

Can I challenge the legality of a search warrant?

Answered 13 years ago by Joseph I Silverzweig (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Criminal Defense
A search warrant needs probable cause to be legitimate, and search warrants are often challenged on a variety of legal grounds. It's a highly fact specific question that depends a lot on your house, the wording of the warrant, and other information. You should hire an attorney to review the issue and tell you if it's worth fighting.... Read More
A search warrant needs probable cause to be legitimate, and search warrants are often challenged on a variety of legal grounds. It's a highly fact... Read More
You should get a lawyer and see if the court has a diversion program or if something can be worked out for no criminal record. A criminal record is forever and this type of conviction can get you barred from many jobs and student loans if you want to go to college.
You should get a lawyer and see if the court has a diversion program or if something can be worked out for no criminal record. A criminal record is... Read More

What can be done if I was arrested for 2 felonious assaults, 2 DVs, kidnap, aggravated burglary and 2 intimidated witnesses?

Answered 13 years ago by Michael J. Breczinski (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Criminal Defense
You can get a lawyer. That person will look over all the evidence and counsel you on the best way to proceed. Without all the details, I can't give you any more detailed an answer.
You can get a lawyer. That person will look over all the evidence and counsel you on the best way to proceed. Without all the details, I can't give... Read More

How many days will I be in jail if I don't pay the $154 fine?

Answered 13 years ago by Michael J. Breczinski (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Criminal Defense
I would say several days at least. Why not just pay the money?
I would say several days at least. Why not just pay the money?

How long does a domestic violence in the 3rd degree stay on your record?

Answered 13 years ago by Michael J. Breczinski (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Criminal Defense
Criminal convictions stay on your record FOREVER. They do not drop off after a number of years You have to see if it can be expunged.
Criminal convictions stay on your record FOREVER. They do not drop off after a number of years You have to see if it can be expunged.

What can happen in court for an armed robbery charge if the accused is not guilty?

Answered 13 years and a month ago by John J. Carney (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Criminal Defense
If you are with someone who committed a robbery then you are guilty of robbery as an accomplice. I assume that the police have an identification and sufficient evidence to believe that he was a participant in the robbery unless he was misidentified. Retain a good lawyer as it is a serious felony, especially if a weapon was used.... Read More
If you are with someone who committed a robbery then you are guilty of robbery as an accomplice. I assume that the police have an identification and... Read More

Should I tell my attorney the truth?

Answered 13 years and a month ago by Francis John Cowhig (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Criminal Defense
You should ALWAYS tell your attorney the truth. The last thing that you or your attorney needs is to be surprised at trial by evidence he did not expect. Whether he will "drop you" or not is up to him, but most attorneys will represent you whether you are innocent or guilty.
You should ALWAYS tell your attorney the truth. The last thing that you or your attorney needs is to be surprised at trial by evidence he did not... Read More

Is it legal to be charged with petit larceny when it was the person I was with who committed it not me?

Answered 13 years and a month ago by Michael J. Breczinski (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Criminal Defense
If you did not know what they were doing then you are not guilty. Go to trial and fight the matter.
If you did not know what they were doing then you are not guilty. Go to trial and fight the matter.

Can you get something off my record thats been on there for 15yrs?

Answered 13 years and a month ago by Mr. John Franks Cutchin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It still goes on your record.  You could get the case reopened, alleging denial of due process of law due to the fact you weren't given an attorney.  Then, you might be able to get the case dismissed.
It still goes on your record.  You could get the case reopened, alleging denial of due process of law due to the fact you weren't given an... Read More

Is there any way to reduce or dismiss my schedule VI marijuana possession charge If it is my 1st drug violation?

Answered 13 years and a month ago by Mr. John Franks Cutchin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You can get your record expunged provided you've have a clean record.  All depends on how long it has been.  Fees vary, but the process can take quite a while.
You can get your record expunged provided you've have a clean record.  All depends on how long it has been.  Fees vary, but the process can... Read More

What can I do if I was caught using a gift card that I didnโ€™t know was stolen?

Answered 13 years and 2 months ago by John J. Carney (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Criminal Defense
People who make the decision to steal also make the decision to admit it and then wonder why they have a criminal record and no one wants to hire them. They are usually young and do not understand the consequences of having a criminal record. They should have just remained silent and hoped that all they had was suspicion, but they are not good decision makers and do not know much about their constitutional rights. Luckily the prosecutors and judges will give a young person a huge break the first time and not ruin their chances of getting a job. They will dismiss or reduce the charges to an ACD or Disorderly Conduct. Sometimes for large amounts or employee thefts (sweetheart deals with cashiers letting their friend pay a little for a lot of items or gift card fraud) the prosecutors will not reduce or dismiss the charges. retain a good criminal lawyer and hope that the prosecutor can be persuaded to give you a break but you have already taken all the bargaining power away from your lawyer by your confession. If you are in a big city it would be easier and if it was a small amount and just one time you should be fine.Gook luck.... Read More
People who make the decision to steal also make the decision to admit it and then wonder why they have a criminal record and no one wants to hire... Read More

Probation Concern

Answered 13 years and 2 months ago by Mr. John Franks Cutchin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Go to court and ask for a court-appointed attorney.  Then, with your explanation of the situation, you should be able to ask for an extension of your probation and lower your amounts being paid.  Good Luck.
Go to court and ask for a court-appointed attorney.  Then, with your explanation of the situation, you should be able to ask for an extension of... Read More

I have two misdemeanors I was convicted of in aug if 2011 and I want to know if they can be removed in order to pursue better work?

Answered 13 years and 2 months ago by Mr. John Franks Cutchin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
I would really have to know the exact charge of which you were convicted in order to determine what you can and cannot do about your particular situation.  What I anticipate is that you are wanting to get the charge expunged, which can take up to a year or so to do.  Once I know the exact charge of which you were convicted, then I can figure out if that is possible or not.... Read More
I would really have to know the exact charge of which you were convicted in order to determine what you can and cannot do about your particular... Read More

For a second offence on battery for a juvenile who broke a kidโ€™s nose how long will they stay in juvi?

Answered 13 years and 2 months ago by Ronald A. Steinberg (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Criminal Defense
As long as the judge ordered.
As long as the judge ordered.
Most likely you are. The age of consent is 16 in NC. She's not 16. You may be breaking the law. The only thing going for you is you are only 2 plus years older which minimizes things.
Most likely you are. The age of consent is 16 in NC. She's not 16. You may be breaking the law. The only thing going for you is you are only 2... Read More