David Paul Clapsadl’s Answers

David Paul Clapsadl

Wilson Criminal Defense Attorney.

Contributor Level 6
  1. 19 yrs old in NC. Am I eligible fot the First Offenders Program? No criminal backrgrnd charged B&E's, Larceny, Poss. Stolen Good

    Answered over 4 years ago.

    1. David Paul Clapsadl
    1 lawyer 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.

    2 people marked this answer as helpful

  2. What can I do to get rid of these tickets?

    Answered almost 4 years ago.

    1. David Paul Clapsadl
    1 lawyer 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...

  3. How long after an offense can i be charged?

    Answered over 4 years ago.

    1. David Paul Clapsadl
    1 lawyer answer

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

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

    Answered over 4 years ago.

    1. David Paul Clapsadl
    1 lawyer 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!

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

    Answered over 4 years ago.

    1. David Paul Clapsadl
    1 lawyer 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....

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

    Answered over 4 years ago.

    1. David Paul Clapsadl
    1 lawyer 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...