Andy Patrick Roberts’s Answers

Andy Patrick Roberts

Raleigh Criminal Defense Attorney.

Contributor Level 9
  1. NC criminal law, what is weekend jail time according to NC criminal code sentencing guidelines

    Answered over 5 years ago.

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

    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.

    3 lawyers agreed with this answer

    4 people marked this answer as helpful

  2. Can my 21 year old son get a public defender for his recent DUI in North Carolina

    Answered over 5 years ago.

    1. Andy Patrick Roberts
    2. James C Forslund
    2 lawyer answers

    Your son is able to apply for a public defender. The judge will determine whether he is eligible. Indeed, he faces up to 2 years in prison under North Carolina law, depending on his prior record. An attorney can help him avoid jail by completing community service and being placed on probation. That same attorney may also be appointed to any probation violation charge that results from his DUI. If so, that attorney may be able to get his probation extended to avoid having your son serve an...

    2 lawyers agreed with this answer

  3. How do I go about reopening a criminal case?

    Answered over 5 years ago.

    1. Andy Patrick Roberts
    2. Craig A. Epifanio
    3. John M. Kaman
    4. Corey Ira Cohen
    4 lawyer answers

    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.

    4 people marked this answer as helpful

  4. Do I go back on probation?

    Answered about 4 years ago.

    1. John P. Yetter
    2. Andy Patrick Roberts
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

  5. Procedure for contesting speeding tickets

    Answered over 5 years ago.

    1. Andy Patrick Roberts
    2. Alexander M. Ivakhnenko
    3. Alan James Brinkmeier
    3 lawyer answers

    To avoid getting points on your insurance, you need to obtain a prayer for judgment continued (PJC) on one of the reduced tickets. If you have already entered a plea before a judge, you will need to hire an attorney to help you file a motion to reopen the case and ask the judge for a PJC. The availability of a PJC will depend on your driving history. You should have an attorney review your driving record to see whether this option is available for you.

    1 lawyer agreed with this answer

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

    Answered almost 4 years ago.

    1. Andy Patrick Roberts
    2. Michael Edward Atwater
    3. Alan James Brinkmeier
    3 lawyer answers

    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.

    1 person marked this answer as helpful

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

    Answered almost 4 years ago.

    1. Andy Patrick Roberts
    1 lawyer answer

    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...

    1 person marked this answer as helpful

  8. How would i know if i am under criminal investigation

    Answered about 4 years ago.

    1. Andy Patrick Roberts
    2. Sarah Louise Villa
    2 lawyer answers

    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.

    1 person marked this answer as helpful

  9. If you are placed on probation for carrying concealed weapon.

    Answered almost 4 years ago.

    1. Andy Patrick Roberts
    1 lawyer answer

    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...

  10. 18 yr old - 81 in 55 MPH Citation issued. What are options?

    Answered almost 4 years ago.

    1. Andy Patrick Roberts
    2. Phillip Darrell Kimbrell
    2 lawyer answers

    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.

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