Michael J. Reeceā€™s Answers

Michael J. Reece

Smithfield Criminal Defense Attorney.

Contributor Level 6
  1. Since my lawyer reduced my 94 in a 65 charge to reckless, when i plea to reckless as a first offense could i get jail still?

    Answered over 1 year ago.

    1. Michael J. Reece
    2. Andrew Nicholas Clifford
    3. Matthew Vernon Silva
    3 lawyer answers

    Careless and reckless driving is a class 2 misdemeanor in North Carolina. With a clean record, you would not be eligible for an active jail sentence. As a practical matter, jail sentences in North Carolina are not likely for violations like this one, even if you had a much worse record, as long was there was no alcohol involved nor any driving on a revoked license. It sounds to me like your lawyer has worked out a good disposition for you and that you just have a case of nerves. I...

    6 lawyers agreed with this answer

  2. Ex wife is harassing me and my spouse.

    Answered over 1 year ago.

    1. Michael J. Reece
    2. Henry Lebensbaum
    2 lawyer answers

    I suggest either talking to an attorney. Also, document all contact from her - keep the texts, voice mails, etc. At some point you may want to talk to a magistrate about whether or not the harassment rises to the level of certain misdemeanor offenses such as communicating threats or harassing phone calls. If so, the magistrate can issue criminal process for her and will assign a court date. The district attorney's office would then prosecute the case.

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  3. Hi I'm in the first offenders program and I'm not sure if I can finish my hours in time

    Answered over 1 year ago.

    1. Michael J. Reece
    2. Damon John Chetson
    2 lawyer answers

    I'd start by talking to the program coordinator, telling him or her the situation, and seeing whether he or she might help you get an extension given your circumstances. If that doesn't work, you should consult a local defense attorney. Also, you should try to do as many hours as possible between now and the 4th. If you are showing effort you will be more likely to get an extension.

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  4. When filing an appeal Equitable Distribution, must I wait until after the alimony trial?

    Answered over 1 year ago.

    1. Michael J. Reece
    1 lawyer answer

    The general answer is yes - the North Carolina appellate courts consider this to be an interlocutory appeal. See Embler v. Embler, 143 N.C. App. 162, 163, 515 S.E.2d 43, 44 (2001) (dismissing as interlocutory appeal of equitable distribution order leaving alimony open for hearing); McIntyre v. McIntyre, 175 N.C. App. 558, 623 S.E.2d 828 (2006)(same). My firm has successfully represented a spouse who sought to have such an appeal dismissed. In some rare cases, it might be possible to have...

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  5. Court fees one day late

    Answered over 1 year ago.

    1. Michael J. Reece
    2. Zachary Andrew Cohen
    3. Thomas Robert Siegel
    3 lawyer answers

    It's possible, but not likely, that a warrant went out. As a practical matter, someone has to issue it, and frankly most clerk's offices have too much work going on to issue noncompliance warrants right when the office opens. It's more likely that you will be reported to DMV for noncompliance, which means that you will have an additional $50 fee to pay, in addition to the court costs and the $20 installment fee for not paying immediately. Send your friend to pay it off, and have him/her...

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  6. I was givin a sitation my a officer because i was charged with shopplifting at walmart the value of the goods was only 20.00

    Answered over 1 year ago.

    1. Michael J. Reece
    2. Michael Taylor Meehan
    3. Stephen A. Gustitis
    3 lawyer answers

    You should talk to a local attorney about this to determine whether you have any defenses to the charges. Alternatively, it is possible that you might qualify for some type of diversion program, depending on your record.

    2 lawyers agreed with this answer

  7. My license is suspended in the state of NC due to unpaid tickets and a few failure to appear's.

    Answered over 1 year ago.

    1. Dustin R. T. Sullivan
    2. Michael J. Reece
    2 lawyer answers

    I agree largely with Dustin. One thing to consider - and your question isn't clear on this - is what charges you have failures to appear on. I've see people get their license back and then plead guilty to one of the pending charges and lose their license again. If you plead guilty to Driving While License Revoked, or to any moving violation that occurred while you were in a state of revocation or suspension (for failing to appear, failing to pay fines, or any other reason) then you will...

    2 lawyers agreed with this answer

  8. Can I go to jail for this?

    Answered over 1 year ago.

    1. Michael J. Reece
    1 lawyer answer

    Yes, imprisonment is possible for this, even with a clean record. You need to get an attorney as soon as possible. Don't assume that because she privately tells you that some of the accusations are false that she will admit this in court. Also, be careful what you post online in describing your situation; grabbing an ankle as described would possibly be enough of a factual basis to support a conviction for assault on a female. Take these charges seriously. Talk to a lawyer tomorrow.

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  9. Can my probation officer violate me for a misdemeanor if i payed off all my fees before my court date

    Answered over 1 year ago.

    1. Michael J. Reece
    1 lawyer answer

    First, your probation will almost certainly be tolled and you will stay on probation until the new charge is resolved. It varies from county to county as to whether your officer will file a violation report for the charge itself or will only do so if there is a conviction. After that, the question is whether you will be revoked for the violation. That depends on many things, including how you have done on probation on the current cases. Paying the fees is a good start. If there is...

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  10. While impaired I admitted to driving my truck, and agreed to a blood test. Was never arrested but was convicted what can I do?

    Answered over 1 year ago.

    1. Michael J. Reece
    2. George Wilmarth Nickel III
    3. Dustin R. T. Sullivan
    3 lawyer answers

    The unpleasant answer is that you probably are out of luck at this point. I'm assuming this is a North Carolina conviction - my answer would change if it occurred in another state. You only have 10 days to appeal a District Court conviction to Superior Court. (See N.C. Gen. Stat. 15A-1431). At this point your time limit has passed. Depending on your situation, an appeal may not have been in your best interests. While you would have had a new trial in Superior Court, the judge would not...

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