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 7
Do you have any North Carolina Criminal Defense questions page 7 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 a county judge sign a search warrant outside of his county?

Answered 13 years and 2 months ago by David White (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If the judge is a superior court jude the answer is yes, an out of county judge can sign the search warrant.
If the judge is a superior court jude the answer is yes, an out of county judge can sign the search warrant.

what's yor punisment for tealing if u are older tahn 18?

Answered 13 years and 2 months ago by Maricelis Timothee (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It depends if you were charged with just shoplifting or misdemeanor larceny. Misdemeanor larceny carries a sentence of up to 120 days in jail and shoplifting is up to 60 days.If it is your first offense, many counties have first offenders programs where you can do community service, pay a fee, and eventually get it dismissed if you do not get into further trouble for a 6 month period. If this incident occurred in Forsyth county, you can call me at (336) 761-5004 for further information.... Read More
It depends if you were charged with just shoplifting or misdemeanor larceny. Misdemeanor larceny carries a sentence of up to 120 days in jail... Read More

If you have accepted a plea to have your sentence served consecutive can you retain another attorney to have the sentence served concurrent

Answered 13 years and 3 months ago by Mr. Ronald James Shook II (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Once you have entered a plea of guilty in front of a judge and accepted that your sentence will be served consecutively, it is extremely unlikely that a judge will change the terms of that sentence.  Unless the judge explicitly states that your sentence will be served concurrently, it will automatically be a consecutive sentence. You could potentially pursue a motion for appropriate relief based upon ineffective assistance of counsel if you believe your attorney made a mistake and that mistake prevented you from obtaining the outcome that you intended. ... Read More
Once you have entered a plea of guilty in front of a judge and accepted that your sentence will be served consecutively, it is extremely unlikely... Read More

How long does a felony assault charge stay on your record?

Answered 13 years and 3 months ago by Mr. Ronald James Shook II (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If you are convicted of a felony, your criminal record will always have this information on it.  Under North Carolina's new expunction statutes some felonies can be expunged but at this time felony assault is one of the charges that cannot be expunged from your record.
If you are convicted of a felony, your criminal record will always have this information on it.  Under North Carolina's new expunction statutes... Read More

What should I do?

Answered 13 years and 3 months ago by Mr. Ronald James Shook II (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It is always a good idea to get an attorney if you want a favorable outcome with your situation.  Generally, it is a bad idea for one attorney to represent two co-defendants because it can create conflicts. You should seek your own attorney.  
It is always a good idea to get an attorney if you want a favorable outcome with your situation.  Generally, it is a bad idea for one attorney... Read More

What can I do if police officer sexually harassed me while on duty?

Answered 13 years and 3 months ago by Ronald A. Steinberg (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Criminal Defense
Document it, if possible. Get a physical exam, etc. Then report the SOB to his superiors. Then, contact a lawyer to sue.
Document it, if possible. Get a physical exam, etc. Then report the SOB to his superiors. Then, contact a lawyer to sue.

If you have signed a waiver, is it too late to obtain a court appointed attorney in NC?

Answered 13 years and 4 months ago by Mr. Ronald James Shook II (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Even though your son signed a waiver, it is unlikely that a judge will deny him court appointed counsel. 
Even though your son signed a waiver, it is unlikely that a judge will deny him court appointed counsel. 

My lawyer is asking me to meet with DA, officer and investigator to tell the truth with nothing on the table. Confused and scared what should I do?

Answered 13 years and 4 months ago by Mr. Ronald James Shook II (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If you do not already have a private attorney, it may be good idea to get one.  Private attorneys often have more time to devote to individual cases and can offer more one-on-one interactions.  If you already have a private attorney and you are unhappy with the job they are doing, it sounds like you should find someone new. ... Read More
If you do not already have a private attorney, it may be good idea to get one.  Private attorneys often have more time to devote to individual... Read More

Will he be extradited to Mass.? Why are they reviewing his case, when they should of given him an answer if being extradited?

Answered 13 years and 4 months ago by Mr. Ronald James Shook II (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Unfortunately, I am only licensed in North Carolina.  You or your boyfriend should contact an attorney in the state where your boyfriend is having problems.
Unfortunately, I am only licensed in North Carolina.  You or your boyfriend should contact an attorney in the state where your boyfriend is... Read More

Can you be held liable for underage drinking just because you are 21?

Answered 13 years and 4 months ago by Mr. Ronald James Shook II (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Without more information it is hard to say.  However, based on what you have said it sounds like he can be charged with a crime but whether or not he is convicted depends on the details.  It is likely that with the assistance of an attorney he can have the charge dismissed by participating in community service.... Read More
Without more information it is hard to say.  However, based on what you have said it sounds like he can be charged with a crime but whether or... Read More

how long does it take for formal indictment presented to grand jury

Answered 13 years and 4 months ago by Mr. Ronald James Shook II (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It depends on the type of crime alleged and what county the crime took place in.  Generally, grand juries meet on the first Monday of every month.  The district attorney has the discretion to decide what charges to present to the grand jury and when. 
It depends on the type of crime alleged and what county the crime took place in.  Generally, grand juries meet on the first Monday of every... Read More

do they indict you before trial starts

Answered 13 years and 4 months ago by Mr. Ronald James Shook II (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It sounds like there is some confusion here and I do not know the details.  Typically, you must be indicted and arraigned before a trial date is set.
It sounds like there is some confusion here and I do not know the details.  Typically, you must be indicted and arraigned before a trial date is... Read More

Accessory to After the Fact How can i prove my innocence and prove non envolvement in a crime, where co defendents have exact written statements

Answered 13 years and 4 months ago by Mr. Ronald James Shook II (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It sounds like you are set up to take the fall.  You need to get a lawyer, or you risk going to jail.
It sounds like you are set up to take the fall.  You need to get a lawyer, or you risk going to jail.

Will I lose my house if I post a property bond and the person commits suicide?

Answered 13 years and 4 months ago by Mr. Ronald James Shook II (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
This is an unusual question, while I am not entirely sure of the answer, I suspect that the person's death will not result in a forfeiture of the bond and, therefore, if you've paid a bondsman it is unlikely that he will be able to take your house.
This is an unusual question, while I am not entirely sure of the answer, I suspect that the person's death will not result in a forfeiture of the... Read More

How many years do you get from assault on government official?

Answered 13 years and 4 months ago by Mr. Ronald James Shook II (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Assault on government official is a Class A1 misdemeanor in North Carolina.  If you have no prior offenses you face up to 60 days in jails.  If you have between 1 and 4 prior convictions you face up to 75 days in jail.  If you have 5 or more prior convictions you could face up to 150 days in jail.... Read More
Assault on government official is a Class A1 misdemeanor in North Carolina.  If you have no prior offenses you face up to 60 days in... Read More

How long can a worthless check be held before time runs out to prosecute

Answered 13 years and 4 months ago by Mr. Ronald James Shook II (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If this is a misdemeanor charge than the statute of limitations for misdemeanors are three years.  If this is a potential felony charge, there is no statute of limitations on felonies in North Carolina.
If this is a misdemeanor charge than the statute of limitations for misdemeanors are three years.  If this is a potential felony charge, there... Read More

Is there an attorney who can help me fill out legal form at no charge?

Answered 13 years and 5 months ago by James M. Osak (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Criminal Defense
Why don't you want to pay the lawyer? An expungement will cost you approx. $500 or thereabouts.
Why don't you want to pay the lawyer? An expungement will cost you approx. $500 or thereabouts.

What could I face for shoplifting $50-$55 worth of items?

Answered 13 years and 5 months ago by Michael J. Breczinski (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Criminal Defense
You want to get a lawyer. YOU DO NOT want to plead guilty right away. You lose all bargaining power if you do. A good lawyer may be able to get you a deal where you have no conviction or record. This is huge. A conviction stays on your record FOREVER. What employer wants to hire a thief?
You want to get a lawyer. YOU DO NOT want to plead guilty right away. You lose all bargaining power if you do. A good lawyer may be able to get you... Read More

What happens if I get caught stealing at a store?

Answered 13 years and 5 months ago by Mr. Benjamin W. Deaver (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
There are many factors that come into play.
There are many factors that come into play.

What should I do after my husband pressed fraud charges against me?

Answered 13 years and 5 months ago by Michael J. Breczinski (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Criminal Defense
Do you both work? Can you pay the money back? He is pressing the charges because then the bank has to pay him the money back. But YOU will have to repay the bank. He is probably pressing charges because you have breached the trust between the two of you. He will now have a harder time trusting you. You have to see counselors and address these problems.... Read More
Do you both work? Can you pay the money back? He is pressing the charges because then the bank has to pay him the money back. But YOU will have to... Read More

Did my Miranda rights get violated and can I have the only evidence and charges thrown out as a result?

Answered 13 years and 5 months ago by John J. Carney (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Criminal Defense
You made a lot of bad decisions here. First, you shoplifted which can give you a criminal record for life over a few dollars worth of merchandise. Second, they had a right to stop you and by resisting you could have been charged with a felony Robbery. Third, you not only let the police in your home and agreed to talk to them, you confessed and gave them the stolen property. You will get an ACD dismissal with a good lawyer in most jurisdictions for a first offense, but if you get arrested again the prosecutor will not reduce or dismiss the charge and you will find it very hard to get a decent job for the rest of your life, and that will not be removed since New York does not allow impingement. I am sure that you will make better decisions in the future and now realize that it was not only wrong, but that it was something that could hurt your chances of success in the future.... Read More
You made a lot of bad decisions here. First, you shoplifted which can give you a criminal record for life over a few dollars worth of merchandise.... Read More

how can i find out facts on my case

Answered 13 years and 5 months ago by Mr. Ronald James Shook II (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It depends on what facts you want to know.  The Criminal Clerk of Court in the county in which you were charged is a good place to start.  You can ask to view the "shuck" which contains all of the papers relevant to your case.
It depends on what facts you want to know.  The Criminal Clerk of Court in the county in which you were charged is a good place to start. ... Read More

What are my legal options to protect my daughter from a bully at school

Answered 13 years and 5 months ago by Mr. Ronald James Shook II (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
North Carolina takes school bullying very seriously.  In fact, the North Carolina Legislature recently passed a cyber-bullying statute which protects minors from online bullying. Your best recourse for dealing with in-school bullying is to cover your tail; document everything, inform the principle and other administrators of the circumstances surrounding the bullying, and if the harassment continues, you could consider threatening legal action against her assailants and their parents. You were correct in teaching your daughter to defend herself, just make sure that she understand when it is appropriate to fight and when it is not.... Read More
North Carolina takes school bullying very seriously.  In fact, the North Carolina Legislature recently passed a cyber-bullying statute which... Read More