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A. Patrick Roberts
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A. Patrick Roberts’s Answers

38 total

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

    If you are placed on probation for carring a concealed weapon. Then you become a ASCONDER.. Now you going to court for carring a concealed gun and misdemeanor probation viol.While on probation you get a DWLR and misdemeanor possess marjuana up to ...

    A. Patrick’s 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 an otherwise responsible person (e.g., he has been gainfully employed or cares for a sick or disabled family member).

    There are several possible outcomes in a situation like this and he should speak to an attorney as soon as possible.

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

    Randolph County NC Citation claims 81 in 55 zone. Have read multiple threads about this being class 2 misdemenor, possible suspension, etc. What is reduction to 9 over a possibility, what about improper equipment? What about PJC? Can/should...

    A. Patrick’s Answer

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

    My sister is in Chapel Hill this weekend and received a citation for underage drinking. She says that nobody saw her drink but that an officer did a breathalyzer on them all. She says the citation says she blew a .02. What are the penalties for un...

    A. Patrick’s Answer

    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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  • Can I be violated?

    I an on supervised probation. Friday I went out of state for 6 hours to visit a college while there I got a ticket for disreguarding a signal, can I get violated for either of those (leaving thr state w.o having writte/verbal permission or receivi...

    A. Patrick’s Answer

    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 could be extended, you could be placed on intensive supervision and given a curfew, or you could be ordered to complete community service in lieu of jail time.

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  • Can I get a worthless check expunged?

    Years ago I wrote a worthless check to Walmart for $45. Can I get that expunged?

    A. Patrick’s Answer

    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.

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  • Can someone press charges at a latter date if the police where never called and it wasn't reported stolen

    some tools where stolen from some friend of the family and pawn. they realized tht it was messing a few weeks latter. the tools were retrieved from the pawn shop and returned. no officer was brought to the house no police where called. an ex-poli...

    A. Patrick’s Answer

    Even under these circumstances, a person can go to the magistrate's office and swear out a warrant. They must tell the magistrate why they believe that probable cause exists to issue a warrant and the magistrate must agree that the charges should be filed.

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  • What am I looking toward when bring charged with 61 counts of larceny by employee?

    First charged of larceny by employee when I was a juvenile so this would be my first offense as an adult. Am I looking at jail time?

    A. Patrick’s Answer

    Each count of Larceny By An Employee is a class H felony. Depending on your criminal history, you face a maximum of 30 months in prison for each charge. In theory, probation is still a possibility even under these circumstances.

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

    Was caught concealing two dresses total value of $216.00 from Dillard's. I have no prior arrests and this is my first offense. Was cited and have a court date, what should I do?

    A. Patrick’s 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 Attorney. This negotiation could result in an agreement for a dismissal without the need for community service to be completed.

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  • My daughter received a speeding ticket for 43mph in a 25mph zone. What are her best options? She has never had another ticket.

    She is 18 years old.

    A. Patrick’s Answer

    There are several options. First, she could seek a reduction of the charge to a non-moving violation, which would not have any insurance or DMV consequences. Second, she could seek a reduction to a lesser moving violation and ask for a prayer for judgment continued. This would also avoid insurance points, but may have some DMV consequences. And finally, she could challenge the case in court arguing that the officer lacked sufficient training and experience to accurately estimate her speed or that the radar device was not properly calibrated.

    In any event, you need to speak with an experienced traffic attorney as soon as possible.

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  • Can school resource officer take a juvenile from school grounds to be searched for drugs without consulting with parents?

    My 15 yo son was searched at school after another student who was caught with drugs and made a written statement that he received them from my child, resource officers searched my son based on this info, found no drugs, but refused to believe him,...

    A. Patrick’s Answer

    Your son's rights under the fourth amendment may have been violated. The request for a parent should have been honored as a request to remain silent. It would appear that his freedom of movement was restricted in a manner that is tantamount to arrest.

    Your attorney should file a pre-trial motion to suppress and/or dismiss.

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