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Damon John Chetson's Answers
Contributor Level 12
- 199 Legal Answers
- 15 Legal Guides
3
Attorney answers:
I'm viloated my probation for getting a new charge and not paying my supervision fees what can i do about this i've not been yet
As I posted elsewhere (where you posted this question): If convicted of the new charges (depending on the severity) you may very well be revoked and serve the time on the new and old sentences (with the possibility that they will be run concurrently). It is possible for you to get a lesser punishment - such as intensive probation or house arrest - and it'll depend on the judge, the nature of the offenses, and whether you've got any mitigating factors in your case.
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7
Attorney answers:
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Does my 16 yr old daught need an attorney for a citation she rcvd for 1) possessing marijuana and 2) running from an officer.
Contact a criminal lawyer. This is not juvenile law. In NC, anyone 16 or older is an adult for purposes of criminal prosecution. It is possible for her to be admitted into the 90-96 program (assuming this is a first offense). If she doesn't want to choose that option, she can fight the charge by going to trial. The mere admission of smoking weed may not be enough to convict (under the corpus delicti rule). They would need some other corroborating information - maybe the smell. She...
3 lawyers agreed with this answer
3
Attorney answers:
If I am accused of touching an 11 year old, and my roommate is a registered sex offender, does that make me look guilty?
As the other lawyers said, it seems like a bad idea. If you were ultimately to take the stand in your defense - and that might be likely in an indecent liberties case - I can imagine a prosecutor asking on cross whether, in fact, you did invite a registered sex offender to live with you. Even if your attorney objected, the damage would be done. The are more important things than money - one of those more important things is keeping your liberty, and staying off the sex offender registry...
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3
Attorney answers:
My brother is facing a "indecent liberties with a minor" charge, need advice?
Your brother could be convicted purely from victim testimony. The victim would've been interviewed multiple times, maybe by police, then by social workers, the maybe by the ADA. The attorney will have access to the video recordings to see how consistent the allegations are from interview to interview. This will be an important part of preparing to decide what your brother might want to do where there are these kind of charges. In many or most indecent liberties charges, there is no physical...
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5
Attorney answers:
If I am on supervised probation in NC and plan to go on a cruise without telling my officer..will they know if i actually left?
This is incredibly stupid. You must have your probation officer's permission to leave the state of North Carolina while on supervised probation. In addition, "absconder" is one of two ways that a PO can ask for the supervised probation to be entirely revoked (as of December 1, 2011) and have you serve the full term. Of course, it's your life and you can do as you choose. But don't be surprised if you get caught, and end up coming back from your cruise to a Probation Violation hearing.
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3
Attorney answers:
Can I get licence in WA if there sospended in nc
As Mr. Powers stated, the states generally share information amongst themselves as part of the Interstate Compact. It would make sense to talk to a Washington State attorney about whether Washington State has any provisions that would allow you to be licensed there even if your license were on hold in North Carolina. As a first step, you'd want to make sure you were fully in compliance with respect to any treatment that was required as part of your DWI convictions in NC. Did you complete...
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3
Attorney answers:
Hiring an attorney after being given a court appointed one...
You are free to hire an attorney at any point, although it is best to hire a lawyer as soon as possible, especially in cases where there are going to be discussions between the lawyer and ADA about amounts allegedly embezzled. Upon hiring the private attorney, he will enter a Notice of Appearance and the other court appointed attorney will withdraw. You should be aware of two things. First, if you hire a private attorney, be sure you retain the attorney through completion of the case....
3 lawyers agreed with this answer
2
Attorney answers:
What kind of time would a convicted felon be looking at if he was caught with 4 stolen guns in his possesion? plus B&E charges.
As the previous lawyer indicated, a felon in possession charge in federal court can result in anywhere between 0 and 10 years in prison, potentially per count. In addition - or apart from that liability - a person who is convicted of an underlying offense where a gun is involved - possession, brandished, or used - may be subject to sentencing enhancements. We would need a lot more information. In addition, under North Carolina law, a felon in possession of a gun faces a Class G felony...
3 lawyers agreed with this answer
2
Attorney answers:
Simple assault charge
If the charge was dismissed, you are eligible for an expungement under N.C.G.S. 15A-146. If the charge resulted in a conviction, you may be eligible for an expungement under N.C.G.S. 15A-145. You're entitled to one expungement in your life, so use it wisely. The expungement process is relatively easy. You may be able to do it yourself by visiting the Clerk's office in the county where the case was resolved. Or you can hire a lawyer for a nominal fee to complete the paperwork. The 15A-...
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2
Attorney answers:
What should I do if my initial story to the traffic officer wasn't completely true?
You should talk to your lawyer about the entire truth, and what you potentially may have left out of your story with the police officer. You should not re-approach the police officer on your own. Your attorney will be able to advise you about what sort of steps he or she will take to protect you.
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