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James Whitfield Mcgee Jr

James Mcgee’s Answers

15 total


  • Can I ask for a Prayer for Judgement if I've already had my case continued twice?

    I got a open container charge 10/06/12 and my 3rd court date is tomorrow. (4/05/13) Can I ask for a Prayer for Judgement after having my case continued twice? If not can I ask for one more continuance so I can get a public defender? I have a clea...

    James’s Answer

    Call Jim Swisher in Greensboro. Your ultimate goal is to preserve your record and you need to get a deferred prosecution. A PJC stays on your record. Most district courts will give you a six or twelve month deferred prosecution where the state will take a dismissal based on successful completion of certain conditions.

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  • I got charged with 3 felonies that had to do with selling marijuana. PWIMD, maintain a dwelling, and felony possession.

    Will I go to jail? Its my first offense, i attend college, get good grades in college, and hold a job. I really hope its just probation and community service and drug classes but what are the chances that I will be locked up and for how long if so?

    James’s Answer

    You need to hire an attorney. A good attorney may be able to negotiate a plea to a conditional discharge or a 90-96. You will most likely be subject to probation, drug classes, and community service. Call Matt davenport and tell him I said hello.

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  • I had 2 fails within a week on my interlock device. Should I be afraid that my temp. license will be revoked?

    Called Monitech after each fail & was given a override code to avoid having to take my vehicle to a Monitech facility. I had to pay $30.00 for each override & was told I do not have to report to Monitech until my schedule calibration appointment ...

    James’s Answer

    You should be concerned. I tell my clients to have a journal documenting everything they have eaten on the failed dates or have put into their mouth, such as cigarettes. I would hire a lawyer who can get a copy of all the readings that are downloaded from your device.
    You will get a letter from DMV that is time sensitive in which you need to request a hearing ASAP. I have had clients fail from eating a cliff bar to a hamburger. If it is a morning fail find out if it is something dental hygeine related. Do not write anything down at Monitech that states anything about ingesting alcohol the night before. Speak to an attorney before you go to Monitech. I recommend John Fanney or Cole Williams in the Raleigh area.

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  • I was charged with dwi on private property

    How should this be handled?

    James’s Answer

    I would make sure that you take pictures of the place that your car was located. Take pictures of no trespassing signs or private property signs. If in a driveway take all kinds of pictures from outside of the driveway looking in. Hire an attorney! The officer has to prove BRD that the area is a PVA, street, or highway. John Fanney knows his stuff in Raleigh. Tell him I said hello.

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  • Got caught shoplifting beer and water at walmart and i am under 21, what should i expect in court

    The total cost for stolen merchandise was 40 dollars, got a ticket from police

    James’s Answer

    In New Hanover county if you have never had a Criminal conviction amd have never been put on probation you would qualify for a deferred prosecution. Your attorney and the prosecutor would come to terms that you would have to successfully complete to get a voluntary dismissal of your case. I highly recommend that you hire an attorney. A larceny conviction on your record could have huge consequences in getting into school or certain jobs. If you successfully complete the deferred prosecution, I recommend that you also hire an attorney to get an expungment if you are eligible.

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  • First time offense marijuana possession charge, what can I do?

    I was pulled over for speeding and the officer smelled marijuana, i cooperated with them and received one citation for speeding and another for a 90-95(E) "Possessing less than a half ounce of controlled substance" (It was less than a gram) and 90...

    James’s Answer

    In NC you are eligible for a 90-96 or deferred prosecution for a first offense. Typically, you will have conditions laid out by the prosecutor such as drug classes, fines, court costs, and some community service. As a condition of the 90-96 you must stay out of trouble. The prosecutor will take a voluntary dismissal of your offense if you satisfactorily comply with the terms and conditions. Hire an experienced attorney, a drug conviction could cost you future employment opportunities.

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  • Is there a fine for a moving violation ticket ?

    i was in a accident april 6th and i received a ticket for a moving violation . they keep giving me different court dates . my third apperance is next friday . what will the consequence be if i havent paid for the damage to the other victims insura...

    James’s Answer

    You really need to call your insurance carrier to get proof that your insurance company is going to pay for the damages or a letter that a claim has not been filed against you. I recommend that you hire a lawyer. A lawyer can help you get a dismissal of your case. A moving violation could get you points on your license and skyrocket your insurance costs.

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  • Got a speeding ticket on I 95,my first speeding ticket,what steps should i take to pay for it without appearing in court?plz hlp

    87 mph on 70 zone,I was rushing home on due to emergency call i had that my home was flooded.what do i need to do?

    James’s Answer

    • Selected as best answer

    If you plead guilty to 87 in a 70 your license will be suspended for 30 days. The speed you were traveling requires a mandatory appearance unless you hire an attorney. If you are a NC licensee your attorney can get you a pjc or improper equipment to spare you license points. I strongly suggest that you hire an attorney. If you are from out of state a pjc may not be recognized by your state. Make sure you hire an experienced attorney that will look at your record. Be honest with your attorney about any convictions or reductions that you have received in the past. Inform the attorney of you have others under your insurance policy. Due to the speed you were traveling you need to hire someone with experience that knows what they are doing.

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  • I was caught shoplifting at walmart in NC.stupid decision. clean record never been in trouble. can u pay a lawyer on ur behalf.

    can i pay a lawyer so i dont have to go to court or will i still go if i pay the amount that walmart send me in the letter will it b takin off my record and will i still have to go to court

    James’s Answer

    In NC, if you have never been in trouble you are eligible for a deferred prosecution. If you receive a deferred prosecution you will most likely enter into an agreement with the district attorney that you will do community service, pay court costs and fines, maybe subject to an online class about stealing, and will have to stay out of trouble for the period that you are under the deferred prosecution. If you successfully complete the terms of the agreement then the district attorney will take a dismissal. Employers do not like to hire someone with a shoplifting case. Call Mark Harp and David Coury in Fayetteville. Tell them I said hello. I would not go into court without an attorney.

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  • How many times can a criminal case be continued?

    A criminal trial was suppose to start and it got continued. The D. A. said that someone could be subpoenaed several times more before actually testifying.

    James’s Answer

    Typically, in our district, I make the District Attorney make a motion to continue the case in front of the Judge. I will object to a continuance by the State and inform the Judge if my client has taken off work, come from out of town, etc. The Judge usually will want to view the subpoena to make sure that the witness was actually subpoenaed. There is case law out there that states that if the Judge denies the state's continuance and the case is dismissed, then the state can still try and recharge the defendant. This has happened with a lot of highway patrol dwi cases. It really depends on the kind of case and the jurisdiction in which you are charged. I would hire an attorney. Andrew Banzhoff is an experienced attorney in Asheville, NC tell him I said hello.

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