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David Paul Clapsadl

David Clapsadl’s Answers

6 total

  • What can I do to get rid of these tickets?

    I have 2 outstanding speeding tickets date of citations 02& 03. Both are court appearances required. How can I fix both these problems? I was in the military at the time and was not "able" to appear (FTA) were attached. Columbus(2003) &Onslo...

    David’s Answer

    The simplest recommendation is to hire an attorney from each county and have them handle the matter. Often times an attorney can get an old ticket reinstated and reduced without an individual having to come to court. An attorney that practices in that particular geographical area will have more in depth knowledge regarding local practices of disposing of old tickets. In most instances your wallet is what gets the hardest. By failing to appear, you have added additional penalties that the State will try to collect. However, depending on the district, your attorney may be able to have some of the FTA fines reduced or remitted if you can provide written verification that your were deployed. If you need help locating an attorney in Columbus or Onslow county, contact the NC Bar Association and ask for their lawyer referral service.

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  • How long after an offense can i be charged?

    Last night i was driving and I came up behind a friend of mine so i sped up and passed him and kept on going. Well when I got home he called me and told me i should stay off the road because a highway patrolman stopped him and was asking about me ...

    David’s Answer

    In North Carolina, the statute of limitations on misdemeanors is 2 years.

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  • 19 yrs old in NC. Am I eligible fot the First Offenders Program? No criminal backrgrnd charged B&E's, Larceny, Poss. Stolen Good

    I am 19 years old and live in North Carolina. I have been charged with several Felonys including B&E's, Larceny, and Possession of Stolen Goods. I was only brought into the case because my car was used by those whom commited the crimes. I spent al...

    David’s Answer

    North Carolina has what's known as a Deferred Prosecution Agreement for 1st time offenders that are charge with H and I felonies or misdemeanors. Ask your attorney about the possibility of entering into such an agreement. However, just because you are eligible for such an agreement does not necessarily mean the DA will agree to it. Consult your attorney and see what he/she recommends.

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  • How can I get a misdemeanor larceny charge expunged in Jacksonville NC??

    Im trying to find out how I can get a misdem larceny charge expunged off my record in Jacksonville NC. I now live in a different state and I can't find a good job because of this. To make matters even worse its larceny by employee:( I was never ...

    David’s Answer

    The answer to your question is "It depends". If you plead guilty to a misdemeanor offense and the date of the offense (not the conviction) occurred before your 18th birthday, you may be eligible for an expunction. However, you will likely need to hire an attorney for the matter. Because the paperwork has to be served on the DA in Jacksonville, I would recommend you contact a criminal defense lawyer in that area to discuss the possibility of obtaining an expunction. Good luck!

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  • What are the possible consequences of shoplifting first offense for a 15 year old in the state of North Carolina?

    My daughter and her friend were arrested in Charlotte, North Carolina for shoplifting in the amount of $250. This is the only time she's ever been in trouble with the law. The friend, however, we found out yesterday has a history of shoplifting ...

    David’s Answer

    Ultimately the answer to your question depends exactly on what your daughter was charged with. People often interchange the charges of shoplifting and larceny which would slightly change the answer. For the purposes of this answer, I'm going to assume that she was charged with shoplifting - concealment of goods.

    Shoplifting - concealment of goods is a class 3 misdemeanor in North Carolina which, if tried as an adult, exposes her to a maximum punishment of the 20 days in the county jail. However, if she was under the age of 16 at the time of the offense, she will be treated as a juvenile and referred to juvenile court.

    If your daughter has never been in any trouble before, the juvenile court counselor may attempt to divert her case in order to keep her out of juvenile court. Often times this involves developing a plan or contract with the juvenile, monitoring the juvenile or a referral of services by the court counselor. If there is non-compliance by you or your daughter, the court counselor may seek to file a petition in the case.

    The alternative is that the court counselor goes straight into filing a petition against your daughter. Once filed, your daughter has the right to an attorney and one will be appointed by the court if you cannot afford one (however, the costs of such attorney may have to be repaid). The juvenile is then afforded an adjudication hearing at which point she may admit responsibility to the crime (which is similar to pleaing guilty in adult court) or she may deny responsibility and ask for a trial. Please note that the burden in juvenile court is less than the regular criminal court of "beyond a reasonable doubt". In juvenile court the burden is "clear and convincing evidence".

    If the judge ultimately finds that the juvenile is responsible for the crime, the court then moves to the disposition phase. Given the offense and what you've told me about your daughter's lack of a prior record, she would likely be classified as a Level 1 offender. Punishments for a Level 1 offender can range from probation, community service, curfew, denial of drivers' license, etc.

    Ultimately, your daughter will have the right to an attorney that has a better feeling for your local court counselors and district attorney's office. I encourage you to contact one and speak to them about your daughter's case.

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  • Can I move out at 17 without parental consent legally in North Carolina?

    I have really bad problems with my mom. I feel as if I am going crazy in this house. Everyday I am constantly being yelled at and I can never do anything right. My mom takes my social security check and oñly gives me $100 instead the whole $250, b...

    David’s Answer

    North Carolina law permits a juvenile who is 16 years of age or older to petition the court for emancipation. A petition will have to be filed with the court and a summons must be served on your parents who are named as respondents. A hearing date will then be set and you, as the petitioner, will have the burden of showing that emancipation is in your best interests by a perponderance of the evidence.

    In determining what is in your best interests, the court will consider 1) the parental need for your earnings, 2) your ability to function as an adult, 3) your need to contract as an adult or marry, 4) your employment status and the stability of your living arrangements, 5) the extent of family discord which would prevent reconciliation, 6) your rejection of parental supervision or support and 7) the quality of parental supervision or support.

    If the court awards you the emancipation from your parents, you are treated as an adult in terms of your ability to enter into contracts, conduct business and sue. Additionally, your parents are relieved of all legal duties to you.

    This route, however, is something you must be certain you want to do. Once the order is entered, the decree is final and there is no going back. Additionally, you will incur the costs of court and you will quite possibly need an attorney for this matter (check with your local Clerk of Court regarding this).

    For further information, please consult North Carolina General Statute Chapter 7B, Article 35, Section 3500.

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