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Maitri Klinkosum

Maitri Klinkosum’s Answers

12 total


  • In NC what happens to 1st offenders with a misdemanor larceny charge.

    I got a misdemeanor larceny charge. I’m 22, first offense ever.i have no record. If I get a lawyer, what are my options. Any way I can I get this off my record. im in school in a health sciences program and i kno this may affect me getting a job i...

    Maitri’s Answer

    • Selected as best answer

    It is possible to get the charge off your record, but that is not guaranteed. In Wake County, there is a first offender program (also referred to as "diversion"). To be accepted into the program, you cannot have any convictions on your record, you must admit to having committed the offense, and you will be ordered to perform some community service, perhaps pay fines and costs. If you complete the program successfully, the charges will be dismissed and your attorney can request that the charges be expunged from your record. If you fail the program, the the prosecutor will proceed to have the conviction entered on your record. The first offender program is a very good way to get a charge dismissed and protect your record.

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  • What should we legally do?

    My boyfriend had a small get-together with my friends and his friends and there was a lot of drinking and smoking going on. One of my guests is accusing my boyfriend of sexually assaulting her after we'd gone to sleep in my room. She was completel...

    Maitri’s Answer

    First, you need to understand that if she is going to press charges that is something you cannot control. What you can control is making sure your boyfriend does not talk to law enforcement, at all, until he has consulted with an attorney. The police may come to him and want to "talk" with him and tell him he is not under arrest. When they do this, they are trying to gather information from him to make a case against him. If ANYONE approaches your boyfriend and asks him questions he should refuse to answer. The police may execute a search warrant on the house where this allegedly happened. Again, your boyfriend should not answer any questions if that happens. You need to consult with an attorney immediately so he/she can ascertain the facts and how best to defend your boyfriend should charges be filed. If charges are filed, having at attorney in place should make it easier to get him a decent bond if he is arrested. Also, having an attorney in place, who can talk with law enforcement and the prosecution before charges are filed could be very beneficial in terms of preventing charges from being filed.

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  • My son is being questioned about 1,000.00 in cash missing from his work. He works in the office with one other man

    the police said they had probable cause but he needed to confess. police said here is my card , call me next week when you have had time to think about it. He was questioned for 2 hrs and they wanted him to take the voice test which he refused. t...

    Maitri’s Answer

    Do not treat this as if the police are bluffing. I am doubtful that they didn't want to arrest him because it was Friday afternoon. They may have told him they have probable cause because they were trying to get him to confess. I suspect may be looking for further evidence to charge yoru son. If he went in and spoke with them for two hours and they did not arrrest him, they are probably going through his statement for inconsistencies, or additional information, which could give them probable cause to arrest him. If they wanted him to take the voice stress test they may have been trying to see if he failed the test and use the failure to further interrogate him. Although, in my opinion, he should not have gone to speak with the police at all without an attorney, he did well to refuse the voice stress test. You and your son should consult with an attorney before answering any further questions. If, in fact, they didn't want to arrest him because it was Friday afternoon, that means they may come to arrest him this week. If he is arrested, he should not answer any questions until he hires an attorney or one is appointed to represent him, and not until the attorney can be present.

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  • How much time are you facing when you have conspirarcy to armed robbery and this isn't your first charge?

    so my husband is charged with consipiracy to armed robbery,and this isn't his first offense he's actually been arrested a few times but how much time is he facing for this? and if he's convicted of armed robbery how much time s he facing then? ple...

    Maitri’s Answer

    Without knowing your husband's prior record level, no one can give you a precise number on how much time he is facing. It all depends on what your husband has been convicted of prior to being charged with armed robbery. I assume this was a recent charge, which means it would fall under what is known as Structured Sentencing. Under the structured sentencing laws, your husband's prior record level would have to be calculated to determine where he falls on the sentencing chart. A person's prior record level can range from 1 to 6, with six being the worst record level. I can tell you that a charge of armed robbery carries mandatory prison time. Probation and other types of punishment are not available as it is a Class 'D' crime. If your husband is not represented by an attorney, my suggestion is that he hire one, or ask the court to appoint the public defender, as soon as possible. His attorney will be able to calculate his prior record level and provide him with a definite answer as to how much time he is facing.

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  • Can I find out what information detectives/courts have on me like evidence and or statements made against me before court date

    So I was arrested at my home for a crime I did not commit (robbery with a dangerous weapon) at the time of my arrest no search was ever done on my home or car during questioning they never asked for a weapon, cash or what ever it is I allegedly ro...

    Maitri’s Answer

    Do not contact the detective and do not speak with law enforcement without consulting with an attorney and without an attorney being present. Period. As you know, you are charged with a very serious felony. If you cannot afford to hire an attorney, you should by all means apply to have the Public Defender's Office represent you. I see that you are in High Point, NC. The Guilford County Public Defender's Office is quite good and will be able to help you. But, under no circumstances should you talk with the detective or any law enforcement officer, at least not until you are represented by an attorney and he or she determines that it is in your best interest to speak with law enforcement. If you have not applied for a court appointed attorney, you should be able to ask for one at your next court date.

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  • Ive been convicted with obt property by false pretense ??

    i was charged in jan and was told to do 225 hours of community service and have half done by july 5 now because of my work(im in construction) my hours are from 7am to ablut 8pm so i dont have much time to do my hours...i was wondering what would ...

    Maitri’s Answer

    Based on the amount of hours you are ordered to complete, it reads like you were put in felony deferral. Your next court date (July 5) is a six month "review" date to make sure you are on task with completing your hours (six months from when you were ordered to do 225 hours in January). If that is the case, you should be fine so long as you have 1/2 of your hours completed by July 5. If you have 1/2 of the hours completed by that court date you will have another 6 months to complete the other half. If you had an attorney represent you when you were placed in deferral, if that is what occurred, you should contact your attorney and speak with him or her about your situation.

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  • Can I request a copy of the prosecution's discovery in a criminal case?

    I have been charged with a crime at this point. My lawyer has requested the discovery, but has yet to receive it (2 weeks we've been waiting). There is always an excuse to my lawyer such as, it was sent, it must have gotten lost in the mail, etc. ...

    Maitri’s Answer

    You cannot request the discovery since you are represented by an attorney. However, if the prosecution is stonewalling providing discovery, your attorney can file a motion to compel the discovery and request the court enter an order requiring the prosecution to turn over the discovery by a specific date and time.

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  • I need to know if therw's any way I can get off of my probation early. Kind of a unique situation.

    My 16 y/o girlfriend tried to run home to PA with me. I was providing her a ride, but her parents called in an amber alert on me before seeing her runaway note. I avoided a felony child abduction in her state of North Carolina by pleading guilty t...

    Maitri’s Answer

    You will need to ask the court to modify or terminate your probation. In all likelihood, you will need to hire an attorney to do this for you because it typically requires the filing of a motion asking the court to terminate your probation. Also, if her parents are in agreement that you can see their daughter, there might be a chance the court will modify your probation and lift the no-contact requirement. Again, you need to consult with an attorney about the particulars of your case.

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  • Do i need a lawyer, or what's going to happen?

    Im 18 and got got stealing $13.87 worth of merchandise at Walmart... first time i get caught. The police officers got my imformation and then told me i could leave. They gave me a paper stating i had to attend court in a month. Do i have to go to ...

    Maitri’s Answer

    If you hire an attorney, the attorney may be able to go to court for you the first time. It probably depends on the prosecutor and the local rules. If you hire an attorney, the attorney can look into the case for you and advise you the best way to proceed. I suspect if this is your first charge, you may be eligible for a first-offender program if one is available in your county. The best thing you can do is either hire an attorney or ask the court to appoint an attorney for you. When you go to court on your first court date, you should be asked if you want the court to appoint an attorney to represent you. If you cannot afford to hire an attorney, by all means make sure you get the court to appoint an attorney for you.

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  • How can i get my probation terminated?

    I am currently on probation finishing up a 15 year sentence for armed robbery the judge gave me a Split sentence; 5 yrs D.O.C and ten yrs probation I received my sentence in Florida after being released from prison I relocated to North Carolina on...

    Maitri’s Answer

    If your probation officer is in agreement that you can be terminated from probation, that is a step in the right direction. A judge will have to review your case and decide whether or not to terminate you from probation. Usually, an attorney will file a motion to modify or terminate your probation and if the court agrees, then you can be terminated from probation, but it will take an order of the court for that to happen. If your probation officer agrees that you should be terminated, he or she can be brought before the judge to testify that they belive you should be terminated. Again, in my opinion, that is a good thing because, in my experience, most judges rely heavily on the recommendations of probation officers. Because your probation has been accepted by NC through an interstate compact, I don't know if the State of Florida will need to be involved. If so, whoever you retain in NC can contact an attorney in Florida and seek assistance down there.

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