Robert E Nunley’s Answers

Robert E Nunley

Raleigh Criminal Defense Attorney.

Contributor Level 10
  1. NC criminal law, what is weekend jail time according to NC criminal code sentencing guidelines

    Answered about 6 years ago.

    1. Andy Patrick Roberts
    2. Robert E Nunley
    3. John M. Kaman
    3 lawyer answers

    The posting by attorney Patrick Roberts is correct. The judges in North Carolina will rarely set the exact dates for your weekends to be served unless the date has some significance to the offense committed or to the punishment they wish to have you serve (e.g., they have you in jail on the weekend of your birthday for added significance, or over the New Years holiday if you have a drinking/partying-related offense). As long as you have verifiable reasons for skipping a weekend (such as...

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  2. How do I know if someone has told the truth about being in law enforcement?

    Answered about 6 years ago.

    1. Robert E Nunley
    2. John M. Kaman
    2 lawyer answers

    There are two answers to your question. If the person presents himself or herself to you again and states that they want something or for you to do something and they imply or state that they are with law enforcement, ask them to see their credentials. All law enforcement personnel are issued credentials and should be able to produce them when they are acting in their official capacity. If the person has presented themselves to you as law enforcement and you do not anticipate interacting...

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  3. Probation

    Answered about 6 years ago.

    1. Robert E Nunley
    1 lawyer answer

    In North Carolina, if the probation office finds out that you have committed an offense while on probation, they will generally suspend your probation pending resolution of the new charges. To that end, they will normally file an extension of your probation as necessary to ensure the time you are on probation does not expire while the new charges are unresolved. Additionally, they are required to run a records check on you prior to allowing you off probation to discover any new charges....

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  4. Is the charge "Possession of a Precursor to Methamphetamine" considered to be the same as a charge of drug possession

    Answered almost 6 years ago.

    1. Robert E Nunley
    2. Howard Woodley Bailey
    2 lawyer answers

    It is too difficult to answer your question without more information as to the exact precursor and amounts you were found to have possessed. A "safe" answer would be to answer the question about a conviction for possession of drug charges with an answer that you have not been convicted of possessing any illegal drugs, but you were convicted of possessing __________ (the drug or precursor you possessed), which was considered a methamphetamine precursor. This response presumes the drug or...

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  5. My son was charged with a misdomenor (less than 1 oz. of Marijuana. Not "convicted", completed classes. Can this be expunged?

    Answered almost 6 years ago.

    1. Robert E Nunley
    1 lawyer answer

    The short answer to your question is that, if this is his first offense, then he should be able to get everything expunged because it sounds like he is either in the 9096 First Offender Program (and taking the necessary classes) or he has entered into an informal agreement with the district attorney's office to have his charge dismissed if he completes certain classes. The first step is to get the charge dismissed by completing the required classes and staying out of other trouble until he can...

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  6. Where do I stand with confidentiality?

    Answered about 6 years ago.

    1. Robert E Nunley
    1 lawyer answer

    Your question was cut off on the Avvo board where it was posted, but from what you've written, your question is not one for a criminal defense attorney to respond to, but instead for an employment lawyer to handle. From a criminal law perspective, you have received a once-in-a-lifetime chance to do community service and stay out of trouble for one year and to have your arrest and all felony charges dismissed and expunged from your record. Stay the course you are on and stay out of trouble and...

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  7. What would be the consequences of not completing requirements for deferred prosecution for misd. larceny in Winston-Salem, NC?

    Answered almost 6 years ago.

    1. Robert E Nunley
    2. Howard Woodley Bailey
    2 lawyer answers

    While it is unlikely that you will receive an active sentence, you are technically liable for up to 120 days in jail with a criminal history category III (the worst one). Since you are in a deferred prosecution program, you most likely have little to no criminal history (speeding greater than 15 miles over the limit, among other traffic matters, count), which would give you a criminal history category of I or II (both of which put you at risk for no more than 45 days in jail). People with...

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  8. What does, Arrest Type: ON VIEW mean?

    Answered almost 6 years ago.

    1. Robert E Nunley
    1 lawyer answer

    I passed on answering your question yesterday because I couldn't understand the context in which the question was asked--this, with more than 20 years practicing criminal law and more than 10 years doing so in NC. Today, I see that nobody else has taken a stab at answering it and I assume they have the same dilemma. Please try to resubmit the question and add additional information such as what type of crime you believe someone was arrested for, whether the charges have been resolved or are...

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  9. What could be the outcome of this?

    Answered almost 6 years ago.

    1. Robert E Nunley
    2. John M. Kaman
    2 lawyer answers

    Your husband is charged with a Class E felony, which carries a potential maximum of 74-98 months in the N.C. Department of Corrections for a defendant with a level 6 criminal history (the highest level). If your husband has a clean criminal history, he would be a level 1 criminal history, and the maximum sentence he would face would be 31-38 months in prison; however, he would also fall in a sentencing box that would authorize his being placed on probation in lieu of an active sentence....

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  10. What happens if you are convicted of involuntary manslaughter and evading police?

    Answered about 6 years ago.

    1. Walter A. Schmidlin III
    2. Robert E Nunley
    2 lawyer answers

    The first answer from Walter Schmidlin is accurate as to your situation, with the limited facts provided. Additionally, key factors in determining how likely or unlikely an active sentence versus a probationary sentence will be are who the presiding judge is, who the district attorney prosecuting the case (as he/she controls what pleas to be offered, the terms of the pleas and whether to enhance your charges to murder based upon the facts as he/she believes them to be), and the input as to any...

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