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Robert E Nunley

Robert Nunley’s Answers

66 total


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

    I was convicted of misdemeanor larceny in Forsyth county, NC and I wanted to know what would I be sentenced because I did not complete my community service for deferred prosecution...Will I be recieving any jail time( It is my 1st and only offense)

    Robert’s Answer

    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 such a criminal history rarely are given an active sentence, though they may be given a weekend or so in jail in conjunction with probation to get their attention, if the judge feels they need a "wake-up call." The most likely outcome will be that you will be placed on probation and made to do the community service you failed to do, or anything else you should have accomplished by now--and, of course, you will now have a conviction that you could have avoided by doing the requirements of your deferral program.

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  • What are the chances fo getting a bond modified to leave the state to visit parents.

    members is on bond and reports to Pre-trial 2x weekly. first offense and no prior record. felony charge

    Robert’s Answer

    Depending on where your parents reside and how long you wish to visit them, you should have a very good chance to get the court's permission to do so. Key factors are how far you will be traveling away from NC, how long you wish to visit, and how well you have done in your life in attending court hearings. If the travel is not too far (as opposed to visiting Alaska, Hawaii or overseas) and you desire to do so for two or less weeks (so you will be back in the Durham area before your next court date), then with a clean prior record you should be able to ge permission.
    Have your lawyer file a motion with the court and get a court order modifying your conditions of pretrial release to permit the travel stating when the travel is to occcur, the locations where you will be allowed to travel out of state, and the fact that physical check-ins with pretrial release are suspended for the time of travel. Note, you may still have to call in to pretrial to do telephone check-ins during your travel. You can also just raise the issue at your next court hearing, but that delay in getting the court's approval may not give you sufficient time to thereafter get plane tickets, etc.--and you shouldn't purchase such items in anticipation of getting approval, unless you are willing to eat the cost of them should approval be denied.

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  • I need to get advice on how to proceed on an outstanding misdemeanor warrant in NC.

    My boyfriend initially had his apartment robbed and when the cops came to assess the situation and take his statement for the report they found a marijuana cigarette and was instead charged with possession. He was sentenced to either 45 days in j...

    Robert’s Answer

    To start with, it was your boyfriend's responsibility to get in touch with probation and the fact that he never did so means that, assuming the system worked and his probation paperwork made it to probation, the probation department in that county has declared him an "absconder" and there is most likely an outstanding warrant for his arrest. At this point, if he has been declared an absconder and he has an outstanding warrant, he will need to return to NC to clear that up. He can do so by surrendering to his probation office, where he will be taken into custody and most likely jailed with a bond.
    If he wishes to contest his probation revocation, he will be given a court date and he can either stay in jail on the probation violation (for which he will later receive credit against his total sentence) or he can bond out and attempt to resolve his probation violation without being "revoked" and his sentence activated. The latter may be very difficult to do since most judges take a dim view of people who are offered and placed on probation and who thereafter don't make themselves available for supervision.
    If he just wants to move on with his life and doesn't desire to relocate and live in NC further, the best thing may well be for him to just take his time (45 days) and once he has served the sentence, he'll be free to leave NC and travel elsewhere.

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  • Can i get a first time federal felony expunged

    my charge was conspiracy to posess and distribute in excess of 500 kilograms of marijuana

    Robert’s Answer

    Based upon your charge, and assuming that is the same charge you were convicted of, there is presently no provision in federal law to "expunge" that conviction. There have been a number of proposed laws, none of which have actually passed both the House and Senate and made it into the law, filed over the past 10 years to create a procedure for expungement of some federal offenses, but currently there is only one such opportunity to expunge a federal conviction, and your facts would not make you eligible for it.

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  • I believe that my husband was involved w/ BCCI-indicted on Federal 110's cnts convicted of some- how do I find this case

    Brandy Gardes was the US asst prosecuting attny. the trial was in the early 90's in Georgia or OH. My husband was on probation and lost his citizenship- which he got back in 2005. He is muslim Pakistan- sociopath I think.

    Robert’s Answer

    To supplement the two previous responses you have received, the PACER system is great for finding general information about prior federal criminal cases, but you will find that most documents on PACER that were filed before the early 2000s (generally earlier than 2003 or 2004) are not available on PACER and you will need to go to the federal district court clerk's office in the district where the conviction occurred to actually view the underlying documents--such as the specific indictment, the judgment of conviction, etc. It is those documents that will give you some of the specifics that you seek.

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  • Does amtrak check for arrest warrants when checking in like for minor probation violation

    probation violation charges

    Robert’s Answer

    At present, Amtrack is not screening people at check-in for whether they are wanted in the NCIC system. There is a screening for people on terrorist watch lists for all forms of public travel on trains, ships, and planes, but merely havng a pending probation violation in state court, by itself, won't generally get someone on such a list.

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  • If someone has a conviction Class 2 misdem.-resist, deny obstruct-then gets a Class A1 child abuse misd.-then violates prot. ord

    What is the punishment for someone who has the following on their record? Class 2 misdemeanor-resist, deny, obstruct Class A1 misdemeanor-child abuse then violates protective order and is convicted- Will they serve any jail time-and how mu...

    Robert’s Answer

    Violation of a domestic violence protective order (a 50-B restraining order) is a class A1 misdemeanor in NC. For someone who has two prior convictions for RDO and misdemeanor child abuse, they would be a level II offender for misdemeanor sentencing, which would allow the Court to sentence them to up to 75 days in jail for a conviction of a class A1 misdemeanor. The Court could suspend that sentence of up to 75 days or could impose the entire time as an active sentence. The Court could also impose an intermediate punishment (either intense probation, electronic house arrest, or a split-sentence). The many factors that go into sentencing someone to regular probation versus intermediate punishments versus an active sentence are too extensive to address in this forum--talk with your attorney for the specific trends in your jurisdiction (Wake County District Court) based on policies within the local District Attorney's office and the particular judge who will be presiding on the date your case is heard.

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  • What does, Arrest Type: ON VIEW mean?

    What does, Arrest Type: ON VIEW mean?

    Robert’s 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 still pending, where you are viewing the "On View" notation, and anything else you feel may be helpful to those of us trying to answer your question. If you do so, I think we should be able to get you a useful answer.

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  • Does she need attorney?

    i have a friend with37 counts of federal mail an wire fraud shes never been arrested before, she goes monday to be indicted.how much trouble is she in

    Robert’s Answer

    Run, don't walk, to a good, experienced federal criminal defense attorney. Your friend is about to embark on a very dangerous journey filled with endless opportunities for things to go terribly wrong for them if they do not have the proper guide. I echo what Mr. Davis states about the differnces between state criminal defense attorneys and federal criminal defense attorneys, the opportunity your friend may have to avoid pretrial detention, and the fact that now is not the time to take a "wait and see" attitude. Get good legal advice this weekend--before going to the federal courthouse!

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  • I'm facing up to 6 felony counts, some include intent to sell and possession of marijuana but have a special case what do i do?

    I sold marijuana to an "informant" twice. The second time I was brought in. I was offered a deal to become an informant and bring in 10 controlled buys. My first buy went bad, and the cops ended up revealing my cover. After that I was only obligat...

    Robert’s Answer

    As noted by the previous response, you are a little late seeking legal guidance and I echo that you should contact a local experienced criminal defense attorney to seek specific guidance, since he or she should know the local drug enforcement officers and have experience on whether they and the local drug assistant district attorneys are worth dealing with or should be regarded with suspicion.
    The fact that the officers have worked with you to this point, reducing the number of buys from 10 to 1, speaks well for them. Further, they haven't "cut you off" and sent your charges to the district attorney's office for prosecution--also a good sign. Certainly, you have performed (at least partially) under your contract with them so you should not be facing as serious a set of charges or consequences as you might have without the cooperation to date. Without knowing a lot more details, it would appear best for you to continue to do your best to cooperate and finish your contract with them. They may be "stand up" and let you graduate with the outcome you had previously negotiated when the contract was signed. They have some discretion and it doesn't appear to be in your best interest at this time to turn on them and risk a "failure to complete" the contract set of consequences. Many drug officers are in tune with the local "drug market" and they will give more weight to your good faith efforts than the actual number of cases you perform. At this point, with what I have been told, I would recommend you try your best to finish what you started. Talking to a local defense attorney shouldn't be put off too long--most will give you a free or nominal fee consult.

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