North Carolina Criminal Defense Legal Questions

I'm sorry that you are having to deal with this ongoing problem and that you have recently been charged in connection with it.  That has to be quite frustrating.  Since you didn't ask for any advice, and only asked for help with your case, I would suggest that you contact a specific lawyer to schedule an appointment for an initial consultation to discuss your matter. Most attorneys will offer free consultation if you're charged with a criminal offense and they can help you decide how to proceed with your case and if you decide to hire them, then they can represent you in court. If you would like to schedule an appointment with us, you can give us a call at 919-680-2300.... Read More

North Carolina is a one-party state with regard to audio recording. This means as long as someone is a participant in a conversation, they may record it without informing others. If your neighbor recorded a conversation between you and her, she did not violate the law. If there is a lawsuit between you and your husband, you may be able to obtain the recording through a process called discovery. ... Read More

The LPO doesn't get to drop the charge -- he didn't bring it. It's now in the hands of the prosecutors and it's up to them to drop it. At your court date the LPO can talk to prosecutors and tell them he wants to drop it, but in my experience, LPOs say this type of thing all the time to defendants and then turn around and say something else to prosecutors. You likely want to hire an attorney. ... Read More

Maybe. It depends on how the assistant district attorney runs the courtroom. In theory, it should be dropped if they do not show because the State cannot prove its case, however many counties won't drop on the first setting -- usually it takes a few chances to get the witness into court before they will drop the case.  You NEED an attorney for this case. There are many issues you've presented that can help you if this case goes to trial. ... Read More

The worst case scenario is that you can be charged with either Larceny by Employee or Embezzlement, both of which are Class H Felonies for the amount of merchandise that you stole from your employer.  Depending on your prior record level a sentence for a conviction of either one of these charges can be anywhere from probation all the way up to active time of up to 25-39 months in prison.  This is a matter for which you should definitely hire an attorney to  represent you.  That way instead of  being concerned about the worst case scenario, you can have an attorney working to get you the best case scenario.  And also please stop stealing things from your employer.  It is an excellent way to ruin your record so that you can never get another good job.  Employers don't like to hire prople who have stolen from their last employer, because they feel you might steal from them too.  ... Read More

The worst case scenario is that you can be charged with either Larceny by Employee or Embezzlement, both of which are Class H Felonies for the amount of merchandise that you stole from your employer.  Depending on your prior record level a sentence for a conviction of either one of these charges can be anywhere from probation all the way up to active time of up to 25-39 months in prison.  This is a matter for which you should definitely hire an attorney to  represent you.  That way instead of  being concerned about the worst case scenario, you can have an attorney working to get you the best case scenario.  And also please stop stealing things from your employer.  It is an excellent way to ruin your record so that you can never get another good job.  Employers don't like to hire prople who have stolen from their last employer, because they feel you might steal from them too.  ... Read More

I am sorry to have to inform you but you have been a victim of a very common fraudulent check scam.  If you deposit a fraudulent check, the bank will deduct the funds once they find out the check is not valid.  You will be left having to repay the money back to the bank.  Also they may report the matter to the authorities. especially if you dont pay it back.  If you have been defrauded, you can also report it to the police.  It may be hard to track down the perpetrator as this is a well known scam.  You can check the Federal Trade Commission's Consumer Information page by following this link to learn more. https://www.consumer.ftc.gov/blog/2017/03/dont-bank-check or you can do a search online for check fraud scams to find more information Bottom line, is that you best bet is to educate yourself on possible scams, so that this kind of thing can be avoided in the future.... Read More

No, it is not typical for the State to throw out a case if the amount is below a certain threshhold.  I have had cases move forward on as little as $8.00.  That being said, if you have never been in trouble before, an agreement can likely be reached with the State to avoid a conviction if the money is paid back and they typically want to see some community service, depending on the county.   If this occurred in Wake county, our fee for something like this starts at $650 and goes up depending on your whether you have any criminal record.   I hope this answers your question.   Sincerely,   M. Moseley Matheson... Read More

No, you are not looking at jail time for a charge like this if you have never been in trouble before.  Unfortunately, the DA's office may not be inclined to dismiss it, even if the money has been paid back, but that can depend on the county it occurred in.   Hope that answers your question.   M. Moseley Matheson... Read More

I would definitely not plead guilty to that charge.  For that amount of money, I would recommend talking with the Assistant District Attorney and see if you can work out something with them on the case.  Many counties have a First-Offender Program that you would be eligible for if you have never been in trouble before that would allow you to get this dismissed for community service. If the State absolutely will not work with you, then I would can continue the case and see if you have a friend or family member who can help you out with paying for an attorney.  A conviction of a theft crime, especially embezzlement, will dramatically hinder you in any pursuit of employment you may have. If this was in Wake County, my firm would charge $650 for a charge like this, just as an example of what you may expect.   Good luck,   M. Moseley Matheson... Read More

If he is charged with Sexual Battery, then you can read the statute here: statute.  It is a Class 1a Misdemeanor, which is the most serious misdemeanor North Carolina has, but it is not a felony.  Depending on his criminal record, he could face as much as 150 days in jail. As to what to expect, he'll have a court date that he'll need to attend.  I would recommend hiring an attorney for a case like this as it is very serious.  Since this is a matter of her word vs. his, it will be important for the attorney to explain to the Assistant District Attorney his version of events so the State understands what to exect in a Defense.  Then it is a matter of whether the 'victim' shows up and how convincing she is as to whether this proceeds to trial. In the mean time, if anyone was around when she threatened your son with pressing charges or if it was in text/email, get that information together and get it to your attorney.  It will seriously help your attorney in your defense.   If this occurred in Wake County, we would be happy to help you.  Our number is 919-335-5291.   Sincerely,   M. Moseley Matheson... Read More

This sounds like a scam.  If it was for real, the police would have come and arrested you already.  Also giving this guy money will not preclude the police from arresting you in the future anyway.  I suggest you do four things (1) do not commmunicate with any of them anymore, and don't pay this guy any money, (2) stop posting details of crimes you may or may not have committed on public websites, (3) schedule a meeting with an attorney to discuss this confidentially and get further legal advice (which will, again, be confidential), (4) Never send photos of your naked body parts to anyone else ever again in your entire life.  Ever.  Ever!... Read More