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F. "Bill" William Powers's Answers
Contributor Level 16
- 300 Legal Answers
- 352 Legal Guides
3
Attorney answers:
Strange situation, warrant in a state but it doesn't come up anywhere
Probably need a bit more information; but, Mecklenburg County, through the Sheriff's Department maintains a "Warrant Repository." Given the factual scenario, a few different things could be in play: 1. The Employer could have gone to Magistrate's Office and sought to press formal charges. The Magistrate may have issued a Warrant for Arrest OR a Criminal Summons; or, 2. A Detective with the Charlotte-Mecklenburg Police Department (they normally handle the Charlotte Larceny by...
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5
Attorney answers:
Miranda rights
Miranda is NOT required in every instance of arrest. In custody or "custodial" interrogations necessitate the warnings. . .and to be entirely frank, it has become increasingly difficult to argue, as most people are aware of their rights and/or aren't in custody and/or aren't being questioned for the purpose of obtaining inculpatory statements. As to the US Marshal, not certain if that was pursuant to a warrant or some other fact scenario. Normally the feds announce whom they are. In...
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3
Attorney answers:
I asked about felonies on a job application after 2 interviews. Should I disclose 2 DUI misdemeanors?
That is a VERY common question. You may benefit from reviewing our prior BLOG posting on employment disclosure issues: Charged, But Not Convicted JOB APPLICATIONS MARCH 3, 2011 One of THE MOST common inquiries received on a daily basis, in addition to general questions about DWI / DUI charges, is how to answer questions during job interviews. Generally Speaking: Answer Honestly, But Carefully. The harder issue is whether to answer a question that was never asked: Do I...
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3
Attorney answers:
I got charged with underage drinking but didnt get a dwi...what will my consequences be...?
That SOUNDS like a "Provisional Licensee Violation" pursuant to North Carolina General Statute 20-138.3. Some call it the "Under-Age DWI." Put simply, there is a ZERO TOLERANCE law in North Carolina regarding operating a motor vehicle and ANY amount of alcohol by persons under the age of 21. They are extremely complicated and although handled differently than an DWI, the consequences are very similar. . .if not worse than an DWI. That is especially true regarding associated DMV issues....
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2
Attorney answers:
Daughter got DUI, BAC .15, 18 years old, in NC. We took away her car. Do we have to have an interlock installed on OUR car?
There are several competing legal issues: First, it is important to note that driving privileges may not be an option or otherwise in order. The issue has been discussed in North Carolina v. Bowes. The Department of Transportation / Division of Motor Vehicles (DMV) appears to take the position that certain younger operators are not, despite a Judicial Order / Privilege to the contrary, entitled to driving privileges. Second, when and if someone is convicted of an DWI, there may be...
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3
Attorney answers:
I was convicted of DUI in 1986, in Charlotte, NC. This is was my 1st and only offense. Is it a misdeamnor or felony.
Generally speaking (there are exceptions) an DWI under North Carolina General Statute 20-138.1 is considered a MISDEMEANOR. Given the issuance of a Limited Privilege, that sounds consistent with a misdemeanor. It is important to note though, the laws regarding presenting DWI cases in court, sentencing, punishment, etc., are not associated with a structured sentencing guideline that is used for Class A1 through Class 3 Misdemeanors. It's different, both in format and punishments. The...
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2
Attorney answers:
What happens if there is a unsigned bill of information at trial?
You may wish to call an attorney whom has SUBSTANTIAL experience handling appellate type work. Please understand, the legal issues asked about in the inquiry are most likely related to an MAR or Motion for Appropriate Relief. We don't hand those types of cases. I think Noel Tin & Mike Greene are absolutely fabulous lawyers whom MAY. Please tell them I said hello! Noel Tin: http://www.tinfulton.com/Bio/NoellTin1.asp Mike Greene: http://www.gcllm.com/m_greene.htm I'm also...
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3
Attorney answers:
I was arrested for DUI over 10 years ago in Maryland and received a PBJ. Will that show up on FBI or SBI background checks?
The FBI maintains the NCIC, which stands for the National Crime Information Center and was was launched on January 27, 1967 with five files and 356,784 records. By the end of 2009, NCIC contained more than 15 million active records in 19 files. NCIC averages 7.5 million transactions per day. The intent of the NCIC is to be comprehensive in nature, through a cooperative network between local, state and federal law enforcement agenices. The Interstate Identification Index, which contains...
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2
Attorney answers:
First time offender in nc-received dwi for prescription medication and received ticket for speeding. what do i face with nc dwi
There are three different methods of proving "impaired driving" in North Carolina: 1. BrAC or BAC reading of .08 or higher; and/or 2. Appreciable Impairment as described by witnesses for the State; and/or 3. Existence of Metabolites of certain controlled substances. (SEE BELOW FOR STATUTORY DEFINITION UNDER NCGS 20-138.1) The accused may not be actually "impaired" to be convicted of Impaired Driving. DWI may be proven even in instances where the active ingredient is NOT present in...
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4
Attorney answers:
Does RECKLESS Speeding ticket affect H1 stamping??
Don't know about the immigration consequences; but, Reckless Driving is a criminal offense in North Carolina. It is considered a Class 2 Misdemeanor. The relevant statute is: § 20‑140. Reckless driving. (a) Any person who drives any vehicle upon a highway or any public vehicular area carelessly and heedlessly in willful or wanton disregard of the rights or safety of others shall be guilty of reckless driving. (b) Any person who drives any vehicle upon a highway or any...
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