Sarah Jessica Farber's Answers

Could I face criminal charges for receiving unemployment benefits while working another job

Yes, you can, since working another job --being employed-- makes you ineligible for unemployment benefits. You've got to be unemployed to be eligible. Lying about being employed so that you can still get unemployment benefits isn't a good idea, either. See NC Employment Security Commission Regulation No. 20.14: Any party who knowingly makes a false statement or knowingly fails to disclose a material fact in connection with the payment of benefits is subject to criminal prosecution for a...

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My son was convicted and given 3 life sentences is there a way for us to get a pro bono lawyer to help with appeals ?

North Carolina Prisoner Legal Services, Inc. reviews cases and does not charge for its services. Your son should try writing to them at PO Box 25397, Raleigh, NC 27611 and tell him to ask for postconviction review. If North Carolina Prisoner Legal Services does not think your son has a viable case, he might try writing to the Innocence Project. You should know that North Carolina does not have a standard time cut procedure; there is no way to reduce a valid sentence just because it does...

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What are the chances that my license will get suspended and my insurance rates will increase for getting a speeding ticket

Speeding more than 15 mph over the limit is a Class 2 misdemeanor in North Carolina, which is punishable by up to 60 days in jail for the folks with a lot of convictions, or in intermediate punishment, or in community punishment (think probation or community service for these latter categories). You can also face a maximum find of $1,000. A lot depends on your motor vehicle history and prior record. See N.C. Gen. Stat. 14-141 for the statute on speeding and 15A-1340.23(c) for the one on...

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If you get an open container ticket and are underage what is the best course of action to take?

Ah, the joys of life as an undergraduate. You should hire an attorney who can negotiate an agreement with the DA's office to, best case scenario, get the charge dismissed. Later, you can get the charge expunged so long as you were never convicted, but this is a two-part process. First, get this citation dealt with. Second, apply for an expungement. I'd advise that you use a lawyer in both parts of the process. Even though this is a seemingly petty charge, it can come back to haunt you...

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What can I do when the prosecution, and defense attorney persuade me into taking a plea agreement using scare tactics?

First, I want to point you to a resource for voting rights information. If you are convicted of a felony in North Carolina, serve your sentence and complete any post-release supervision, probation, or parole, and pay any restitution or fees associated with the conviction, you may re-register to vote. I have attached a brochure from the State Board of Elections that explains this. Second, I encourage you to discuss this with your attorney. Why does your attorney think this plea is a good...

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Do I have a chance at getting false criminal charges dropped?? My Stalker pressed charges on me after she was arrested!!

From what you say, it sounds like you very well positioned to get your charge dismissed. It is not at all uncommon for people to use the magistrate's office as a weapon to retaliate against people they have a "beef" with - it is an abuse of the system, but it happens. Please do hire an attorney and fight!

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When filing a motion based on ineffective assistance of counsel is it wise to state case law supporting the claim or not?

In general, it is a good idea to show that the law supports your position. Courts are a bit more generous when reading a pro se (non-lawyer's) writing, but they still expect you to be truthful and accurate. Do not try to stretch the case to say what you WANT it to say - the judge will see through that.

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I forged prescriptions and have never done anything like that nor have any record? I have an addiction. What should I expect?

A lot depends upon how the police have charged you as far as how much time you are facing and the availability of deferred prosecutions for first-time offenders. I suggest you contact a Raleigh criminal defense attorney as soon as possible on Monday. Bring the paperwork you have from the police/sheriff/arresting agency with you. Be honest with your attorney, and be honest with yourself. Addiction is a debilitating health problem, and you need to be super serious for treatment to be...

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Speeding Ticket

Probably -- talk to a lawyer! Georgia hasn't become part of this thing called the Compact, which is an official information-sharing agreement between the departments of motor vehicles in different states. However, Georgia is sharing that information anyway -- how great for drivers! It is VERY LIKELY that, if you admit to this infraction, NC DMV will be told about it and it will give you "points" on your NC driver's license. NC DMV points can eventually cost you your license if you...

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Drug possession and North Carolina criminal code

I think you've probably heard about what are known as "Deferred Prosecution" programs, which are available for first-time offenders in many jurisdictions. They are an alternative to a regular criminal court trial of your case and can result in a charge being dismissed if you successfully complete the requirements of the program. Those requirements often include not getting any new criminal charges, completing a drug abuse evaluation and completing any recommended treatment, and community...

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