Andy Patrick Roberts's Answers

NC criminal law, what is weekend jail time according to NC criminal code sentencing guidelines

Typically, North Carolina judges will order weekend jail time to be served at the discretion of a defendant’s probation officer. This allows for flexibility and enables your probation officer to work around your schedule. So, you can skip weekends or several weeks, if necessary. In my experience, it is rare for a cour to set a specific schedule at the time of sentencing. Probationers report to their local county jail on Friday afternoon and they are released on Sunday afternoon.

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Do I go back on probation?

You have been arrested for a new charge. This alone would not be a valid basis for a probation violation. You must first be convicted of the new offense before it constitutes a violation. You should carefully read the violation report that you were served with in jail. On the second page, the probation officer should list the alleged violations that justify a probation violation hearing. Those are the issues you will have to address to convince a judge that your probation should not be...

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How do I go about reopening a criminal case?

The only way to reopen a criminal case is to file a motion for appropriate relief in Superior Court. Your motion must allege compelling reasons for revisiting a case where you were represented by counsel and accepted a plea bargain.

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Sister is 18 and received a citation for underage drinking. Court date in one month. Will this be on her record? Penalty?

This is a misdemeanor charge that will show up on her record. Unless it is dismissed and expunged, it will appear on her record anytime a background check is conducted. I would suggest you hire an attorney for this matter.

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Was caught concealing merchandise valued at $216 as a first time offense, what should I do?

Hire an attorney immediately. He or she will know how to navigate the criminal justice system in your area and can advise you concerning the most effective way to avoid the potential consequences of a conviction. For example, you may be eligible for a first-time offender's program, which could result in a dismissal of your charge upon completion of community service. Alternatively, your attorney may be able to negotiate with the loss prevention person at Dillard's and the Assistant District...

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How would i know if i am under criminal investigation

Assuming you had an attorney, he or she could make an inquiry for you with local law enforcement agencies. Typically, when you are under investigation in North Carolina, law enforcement officers will attempt to contact you to obtain a confession. It would be wise if you suspect that an investigation is being conducted to contact an attorney immediately.

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If you are placed on probation for carrying concealed weapon.

The judge has discretion regarding the sentence and the outcome will depend on the reason why he became an absconder. In a situation like this, the probation officer typically will recommend revocation, i.e., that his probation is terminated and his suspended sentence is activated. However, the judge could choose to extend the term of his probation or place him on intensive supervision as an alternative to sending him to jail. This might be an option if his attorney can show that he has been...

18 yr old - 81 in 55 MPH Citation issued. What are options?

Whether the charge will be reduced depends on the circumstances surrounding the stop and arguments that your attorney can make on the driver's behalf. The same is true when it comes to the granting of a PJC by the judge. Since the consequences for this charge are serious, you would be well served to spend the money on an experienced traffic attorney.

Can I be violated?

The speeding ticket will not cause your probation to be violated, unless it is a misdemeanor in the state where you were charged and you end up being convicted of the charge. However, leaving the state without permission could cause a violation report to be filed against you. If a violation report is filed, you will have the right to a hearing. Even if the court finds that there was a willful violation of the terms of your probation, jail or prison time is not mandatory. Your probation...

Can I get a worthless check expunged?

If you under the age of 18 when you were convicted of the charge, you may apply for an expungement immediately. Alternatively, you could hire an attorney to file a motion for appropriate relief to reopen the charge and then ask to have it dismissed if Wal-Mart has been reimbursed.