Anthony James Cuticchia Jr.’s Answers

Anthony James Cuticchia Jr.

Raleigh Patent Application Attorney.

Contributor Level 12
  1. What should I do about a possession charge less than 1/2 ounce of pot and pariphenillia?

    Answered about 2 years ago.

    1. Anthony James Cuticchia Jr.
    2. Kurt Robert Willems
    3. Brian Christopher Jordan
    3 lawyer answers

    Bad news is that 16 is an adult in NC. Good news is that if you have a completely clean record you will probably be put into a deferral program where you take some drug classes, do some community service, and submit to drug testing - then it won't appear on your record. This is something an attorney can help set-up.

    4 lawyers agreed with this answer

  2. Citation for consuming alcohol while being 19 what should I do?

    Answered about 2 years ago.

    1. Anthony James Cuticchia Jr.
    2. David N. Smith
    3. Gregory David Spink
    4. James C Forslund
    4 lawyer answers

    YES. Get a lawyer, he can help in navigating this situation. If you cannot afford a lawyer, apply for a public defender. DO NOT PLEAD GUILTY, until you have been advised to do so from a lawyer. You may be eligible for a deferral, but the lawyer needs to ask for that, then you are interviewed (or record examined) to see if you qualify, then a plea bargain based on this is presented to the judge. You don't want to try this on your own.

    4 lawyers agreed with this answer

  3. Can an employer put a g.p.s. device on your company van without telling you?

    Answered about 2 years ago.

    1. Anthony James Cuticchia Jr.
    2. Marilynn Mika Spencer
    3. Nicole Murphey Dickey
    3 lawyer answers

    In general, if they van is owned by the employer - yes they can modify it as much as the like.

    4 lawyers agreed with this answer

  4. Any way possible to settle my DWI case within 14 days? Is it DWI with .16 BAC

    Answered about 2 years ago.

    1. Anthony James Cuticchia Jr.
    2. Michael Aaron Neufeld
    3. Vito R. De La Cruz
    3 lawyer answers

    Depending on your criminal record you may not have to serve an active sentence - it would be replaced by community service. If the charges are for DWI, then it could very well result in an active sentence. DUI is very serious. You need to get a lawyer. If you don't think you can afford a lawyer, you can go to the public defender's office and explain your situation to them. While they cannot do anything substantive prior to you being assigned a public defender, they have ways to get the...

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  5. How do I get the police department to investigate the man that has fame me?

    Answered about 2 years ago.

    1. Anthony James Cuticchia Jr.
    2. Alexander M. Ivakhnenko
    2 lawyer answers

    In NC there are a couple of ways. You can try to get an officer to come out and take your statement. Or you can go to the police office and ask for a warrant to be issued. You will either be interviewed or will be asked to fill out a VERY detailed form, which will be reviewed by the magistrate in determining whether there are enough facts to believe a crime may have been committed.

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  6. Expected legal costs for FTO/Deferral Program representation

    Answered about 2 years ago.

    1. Anthony James Cuticchia Jr.
    2. Ashley Elizabeth Lorance
    2 lawyer answers

    One way that criminal defense attorneys may set their prices is the "opportunity cost." If they are spending time on your case, they aren't spending time on another. This has been one of effects of attorneys working on fixed fees. Theoretically if your case took the same amount of time that a DUI case did, the attorneys may want to work the DUI case since the fixed fee is probably higher. Your case does not seem very difficult, given what you have said so far. I would keep looking for an...

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  7. If i had an arrest warrant and turned myself in, do i still have to have my Miranda rights read to me?

    Answered about 2 years ago.

    1. Anthony James Cuticchia Jr.
    2. Karl E. Knudsen
    2 lawyer answers

    Miranda rights apply to custodial interrogation. Whether you are arrested or not, when you are in a situation where you feel you cannot leave and actually cannot leave, you are in custody. If this is the case the Miranda rights are in effect.

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  8. Can I reopen a misdemeanor charger for giving fictitious information to a police officer?

    Answered about 2 years ago.

    1. Anthony James Cuticchia Jr.
    2. Eric J Trabin
    2 lawyer answers

    Your options for legal counsel should have been explained to you the first time you appeared in District Court. You can: (a) represent yourself; (b) hire your own lawyer; or (c) apply for a public defender. It is nearly impossible to reopen a case. If it has been less than five days, go immediately to the clerk of courts in the county you were convicted in and ask to file an appeal. An appeal will be a "do-over" in Superior Court. If it has been more than 5 days, you may want to go...

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  9. Can a former employer contact my current employer about past conduct?

    Answered about 2 years ago.

    1. Anthony James Cuticchia Jr.
    2. Lloyd T. Kelso
    3. Kirk J. Angel
    3 lawyer answers

    This is a very touchy area and I have seen it happen more times than I like. If a person wants to attempt to stop this from happening in the future, one way to do this is to have a lawyer send your former a letter laying the laws of defamation (and some other things). The letter would not be to accuse, so much as to "educate" the former employer. In most cases I have seen this stop immediately and in one case a letter of reference was received! Since you have not done anything, such a...

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  10. If I accepted a prayer for judgement for assault on a female and sexual battery charge dismissed can I appeal pjc to get dismisa

    Answered about 2 years ago.

    1. Anthony James Cuticchia Jr.
    2. James Regan
    3. Steven Everett Savage
    3 lawyer answers

    A PJC is a sentence, not a plea. A PJC is a guilty plea. Since the case has been settled in the eyes of the court, it will be very difficult to undo this. You will have to appeal the conviction, which is quite difficult and can be costly. You should talk to a criminal defence attorney as soon as possible.

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