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James Whitfield Mcgee Jr

James Mcgee’s Answers

15 total


  • I was searched by the police and caught with marijuana and paraphenalia. What sort of legal trouble can I expect?

    I am a 20 year old College Student in North Carolina. I am a first time offender, and I have never had so much as a speeding ticket. The about of marijuana found on my person was roughly 1g, which is a misdomenor. Please help me

    James’s Answer

    In NC you are eligible for a 90-96 or a deferred prosecution. Typically, the prosecutor will have you complete community service and require that you not get in trouble for a six month or one year period. The Judge will give you a date in which you come back to court and the prosecutor will make sure you have completed the community service and have no new charges. Also, sometimes the prosecutor will require drug classes to be completed. If you do everything that is required from the deferred prosecution, then the court will dismiss the charges against you. Hire counsel don't go into court without counsel.

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  • I am wondering if i blew a .11 on a breathalyzer if i can fight it in court and win, and if any loop holes exist.

    Hello, i received a DUI last night for blowing a .11. I was pulled over for a revoked license plate. I had no idea it had been revoked and when pulled over was given a breathalyzer.

    James’s Answer

    You must have been pulled over for an expired registration or perhaps the plate was suspended for an insurance lapse. A dwi is complicated you need to speak to an attorney as soon as possible. The lawyer you hire could contest the stop, arrest, and many more issues. Be sure to hire an attorney who regularly defends dwi cases.

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  • I just found out I have a charge for sell/deliver drugs and a possible warrant from the background check for a new job!

    The charge is from four years ago and I have had 2 background checks and a speeding ticket since then and nothing came up with those! My boyfriend at the time got caught selling and through cooperation was supposed to clear me and him of all charg...

    James’s Answer

    You should call the clerk of court where you last lived. Also, you could call the sheriffs department or city police where you last lived to find out if there are any warrants. If a charge was issued and dismissed you can hire an attorney in that county to get an expungment.

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  • What's the likelihood that an aiding and abetting dui charge in NC will make it through court? What actions shoulds I take?

    I have a DUI from 5 years ago. The girl charged with the current DUI was driving my car, we were both at a wedding and showed no apparent signs upon leaving that she was intoxicated

    James’s Answer

    If convicted of aiding and abetting you can lose your license for one year and be punished the same as the least level dwi. I recommend that you call an attorney so that you can provide that attorney with details from the night of the arrest. Call andy banzhoff in asheville. He is a real good dwi attorney. Since you have a prior dwi conviction, I would not go into court unrepresented. Jim McGee

    The McGee Law Firm
    213 Princess St.
    Wilmington, NC 28401

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  • What kind of sentencing should i expect from a simple assault charge and a injury to real property charge?

    i have registered for counseling on anger management and plan to get a lawyer. This is my first offense.

    James’s Answer

    I would definitely not go unrepresented. Anger management is a good idea and is often prescribed by the court. The first thing an attorney would do is contact the victim to find out the damages and to meet with that attorney to discuss the details of the incident. Injury to real property and simple assault are class one misdemeanors. Often first time offenders are able to get deferred prosecutions in which they can eventually get the ultimate charges dismissed. A deferred prosecution is something your attorney can work out with the District Attorney. Feel free to call to set up a free consultation.

    The McGee Law Firm
    213 Princess St.
    Wilmington, NC 28401
    910-254-0400

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