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Samuel J. Randall IV

Samuel Randall’s Answers

96 total


  • Robbery with a dangerous weapon

    If someone is charged with this crime and someone else had a stun gun and recieved less time at trial what would be a good apeal arguement

    Samuel’s Answer

    Please try to clarify you question. You should never approach a case with the idea that you are going to win on appeal. You should always try to win at the trial court level first.

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  • I am being accused of breaking into my aunts house and stealing some prescription pills.

    They claim they have blood samples and a time frame of when it was done. I was home with my newborn and fiance. BUT, i helped my aunt move in and injured myself in the process, so my blood and fingerprints are already in the house. I have witnesse...

    Samuel’s Answer

    Before speaking with anyone from law enforcement speak with an attorney. A good criminal defense attorney can help navigate this situation for you. If you speak with law enforcement anything you say can later be used against you. Even with an attorney you could still be charged, but the attorney can speak with the investigator and try to stop them from proceeding with taking out charges.

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  • What is a writ of Habeas Corpus ad Prosequendum

    My husband has been awaiting in state custody fighting charges now indicted on federal charges unknown what writ of Habeas Corpus ad Proseqendum means what is this?

    Samuel’s Answer

    The Federal Court would issue an order or "writ ." The writ would direct the United States Marshall's to removes a prisoner from custody for trial to the jurisdiction in which the offense was committed. If your husband does not have an attorney that handles cases in both State and Federal Court, you should at least consult with one.

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  • Probation

    i will be going to court summons for shoplifting did not leave the store i am in high school army jrotc and my mom is making me tell only my jrotc teacher about it. will telling him ruin my chances of coming back into the program next year if i g...

    Samuel’s Answer

    Speak with a Criminal Defense Attorney. There may be programs that can keep you off probation and result in a dismissal of the charge.

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  • What is the statute of limitations on drug charges in NC. Is it over 10 years?

    I know someone who has been arrested he made a deal to set someone else up. The police wanted to bring in the other guy in but he ran. How long does the other guy has to stay away?

    Samuel’s Answer

    § 15-1. Statute of limitations for misdemeanors.
    The crimes of deceit and malicious mischief, and the crime of petit larceny where the value
    of the property does not exceed five dollars ($5.00), and all misdemeanors except malicious
    misdemeanors, shall be presented or found by the grand jury within two years after the
    commission of the same, and not afterwards: Provided, that if any indictment found within that
    time shall be defective, so that no judgment can be given thereon, another prosecution may be
    instituted for the same offense, within one year after the first shall have been abandoned by the
    State.

    For Felonies there is no statue of limitations.

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  • I had a felony charge overturned by the appeals court years later can I still own a gun under federal law

    I appealed a charge of assault on a officer more than ten years ago. it took years but the court of appeals overturned my case. I felt I should have been compensated but the public defender I was given did not push the matter any further. but then...

    Samuel’s Answer

    If your only felony conviction was overturned on appeal, you would not have a felony conviction. Under 18 U.S.C. 921(a)(20)(B) ..."Any conviction which has been expunged, or set aside....shall not be considered a conviction for purposes of this chapter...." Speak with a local attorney about the laws of your State regarding restoration of your rights.

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  • I Was Charged With obtain property by false pretense This Is The First Time Ive Ever Been In trouble What should I Do

    I Had A Future In The Military & Now Im Thinking I Messed My Whole Dream Up In 15 mins I'm only 17 & I Do A lot Of Activities outside of school What Do you think the judge Will Do to me .

    Samuel’s Answer

    I would agree with Bill. Being your first offense a competent criminal defense attorney would likely be able to work out some type of deferred prosecution.

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  • How long do they have to indict you, I was arrested in September 2012 and got incarcerated in Jan 2013 and still no indictment .

    I was arrested and was told I would go up for indictments in Jan 2013 I have now passed 3 grand juries and still no indictment

    Samuel’s Answer

    I would Agree. Speak with your attorney and if you don't have one you should get one. There could be a number of reasons why your case has not been presented to the grand jury. Perhaps the State's attorney might try to resolve your case with a lessor plea?

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  • I WAS CHARGED WITH A FELONY AND PLEAED DOWN TO A NON CONSTENT MISDMENOR 14 YRS AGO. NOW THE PERSON HAS WENT AND TOOK A LIE

    DETECTOR TEST. CAN THEY USE THAT AS EDVIENCE AND RECHARGE ME WITH ANYTHING

    Samuel’s Answer

    Your question is kind of confusing. First, what was the felony that you were charged with? What do you mean by a non constent misdemeanor? There might be issues of double jeopardy. As a practical matter, why would the District Attorney try to recharge you for something that happened 14 years ago? Unless it was a murder. In North Carolina the results of a polygraph examination are not admissible at trial. Could a DA use the results in deciding whether to file a charge or not? Yes.

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  • Will I lose my license?

    I recently got a 51 in a 35 in Duplin County, NC. Today I got a letter saying I'm on probation for having 2 convictions of speeding over 55mph in 12 months. I start probation on the 25th of january.

    Samuel’s Answer

    You should contact a criminal defense attorney in Duplin county. With an attorney you may be able to have your current ticket reduced and potentially go back and resolve your previous tickets so they do not affect your driving priveledge.

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