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Shannon Aldous

Shannon Aldous’s Answers

37 total

  • Bench Warrant

    If a bench warrant was issued for a failure to appear on a traffic citation, will paying the citation negate the warrant?

    Shannon’s Answer

    No, you will either have to hire an attorney and have them appear in front of a Judge on your behalf and ask the Judge to strike the warrant or go in front of a Judge yourself and ask them to strike the warrant. This will not dispose of your traffic citation.

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  • Hi ok I got caught shoplifting at Walmart ... Went to court paid the fines and my case was dismissed can I go back to Walmart??

    Paid fines did community service it got dissmissed

    Shannon’s Answer

    If you had an attorney, I'd recommend that you start by asking them. It sounds like you had a deferral, so it may not indicate one way or another on the paperwork if you are banned from Wal-mart. If you are unable to get an answer, and you absolutely have to go to Wal-Mart, I'd contact them first because if you are banned, you risk facing a trespassing charge.

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  • What happens during the final review for your probation?

    Next month I have to appear in court for my final review for my year long probation and I dont know what to expect. It started in January and it is suppose to last for a year. If I complied with every rule and never violated it will I be released ...

    Shannon’s Answer

    If you are on for final review of compliance and you have not had any violations, you can expect the charges on your deferral to be dismissed. If you have never had an expungement, the next step would be to petition the state for an expungement so that no record of your charges show up on a background check. The expungement process takes about 6 months.

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  • Urinating in public get expunged?

    Last year in August I got a citation for urinating in public. I got a lawyer who got the case dismissed. Does this mean it is still seen on my background check? If so, could i get the case expunged? I also got a ticket this summer for speeding in ...

    Shannon’s Answer

    Yes, it can still be seen on a background check as something that you have been charged with, but not convicted of. If you have never previously had an expungement, you can get one for that charge. Your speeding ticket and PJC will not change your eligibility for the expungement.

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  • What is the time limit on an appeal of a conviction in North Carolina. can you appeal if you had plead guilty?

    a relative might not have had sufficient representation, or been in the right frame of mind when he took a plea deal

    Shannon’s Answer

    As mentioned, you have 10 days to file an appeal from District Court to Superior Court, and all you have to do is file a written Notice of Appeal with the Clerk's office in the county of the alleged crime within that 10 day period. However, if your relative entered into a plea in Superior Court, it will be much more difficult to appeal the Superior Courts decision. An appeal after a Superior Court judgment goes to the North Carolina Court of Appeals and someone's right to appeal after taking a plea in Superior Court is severely limited. I would recommend that you consult with an attorney quickly to preserve your relative' right to appeal to Superior Court or regarding any options he/she may have regarding an appeal to the NC Court of Appeals.

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  • Can I be violated for parole if I have not been convicted for a shoplifting charge yet

    I am on parole and just received a shoplifting charge tho. I haven't been to court I have 90 days left on parole my first appearance for the shoplifting charge is November 24 I get off parole in january

    Shannon’s Answer

    By "parole", I assume you mean probation, and that it was supervised. Probation varies from county to county in NC, but what typically happens in this situation is that the probation officer will file and serve you with violation paperwork. If you are not willing to admit that you committed a crime that would be a violation of your probation before your new charge is disposed of, then your probation officer will typically continue the probation violation hearing until after your new charge is disposed of. If you are convicted of a new charge while on probation, that can trigger a full revocation of your suspended sentence. I strongly recommend that you get an attorney.

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  • My court case was elevated to superior court before any real trial has begun, why is this?

    I was recently charged with 3 counts of possession of different CS. I have a couple past felonies. This trial has only had the preliminary hearing last week. I just found out today my case was elevated to superior court. Why would this happen? Wha...

    Shannon’s Answer

    You really need to get a defense attorney as soon as possible to guide you through the process, analyze your case and prepare you for possible outcomes. In North Carolina, we have misdemeanor crimes and felony crimes. Misdemeanor crimes are lower-level crimes and felony crimes are the more serious crimes, that expose you to a longer jail or prison sentence. Based on your question, I'm guessing that you were charged with felonies. It is normal for felonies to start off at the lower level court and then be indicted up to Superior Court. Superior court has jurisdiction over the felonies and if your case goes to trial, it will be a jury trial. The other possible thing that could have happened was that you were charged with misdemeanors, had a bench trial and were found guilty. In that case, you have the right to appeal up to Superior Court for a jury trial. Without more clarification from you, it is difficult to be more specific. A defense attorney can guide you through the process and if you already have one, you need to make sure you understand what has happened each step of the way.

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  • Will an employment background check show a misdemeanor charge even though I haven't been to court for my first appearance?

    I recently applied for a retail management position and was called for an interview 2 weeks ago. I interviewed with 2 managers who expressed their desire to hire me and in return, scheduled me to do a final interview with the company's DM. Last we...

    Shannon’s Answer

    Ultimately, it depends on how thorough of a background check they run on you. Some companies only pull reports on criminal convictions, some do much more detailed criminal background checks, and look up pending charges as well. I certainly wouldn't recommend that you lie about the pending charge, but perhaps see if they bring it up. Good luck.

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  • Bond reduction was denied. Bond is 100k for serious drug charges. Can I get another bond hearing?

    Serious drug offenses. Incarcerated for 45 days before first bond hearing but reduction was denied. Bond is currently set at 100k. I know prison is inevitable due to eveidence in motion but is it possible to get bond reduced and spend time with my...

    Shannon’s Answer

    The answer to your question is yes, you can have more than one bond hearing. I would recommend that if you don't already have an attorney, that you get one right away. Many things can be presented and considered by a Judge when asking for a bond reduction. Primarily, the Court is looking at the nature of the charges, if you are a flight risk, etc. Having an experienced criminal defense attorney to argue on your behalf is always a step in the right direction. If you have no prior criminal history and have never missed Court before, including minor traffic violations, you would not appear to be a flight risk. If you are a local and have family in the area, it can be further argued that you are not a flight risk. Regarding the serious drug charges, there is most likely a bond policy in your county that is the basis for the minimum and maximum bonds that are set. Again, an attorney can guide you through that process. Typically, if you have been incarcerated for a long period of time, pre-trial, asking for another bond hearing in not unusual. Especially, if you have been in custody for a period of months and are completely unable to make the current bond. Let your attorney know what the maximum amount of bond is that you can make, so they can discuss your situation with the ADA before hand and try to negotiate a reasonable bond amount. It is not reasonable to expect a fully unsecured bond, after having a 100k secured bond.

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  • Can someone find out if a charge was dismissed by deferred prosecution?

    I had a charge dismissed by deferred prosecution and want to apply for college. Is there a way for them to tell if my charges were dismissed by deferred prosecution?

    Shannon’s Answer

    First of all, were you represented by an attorney? If you were, I would call them and ask them to send you a copy of the disposition paperwork. It is always a good idea to keep a copy of that type of information for your records. If you were not represented by an attorney, you will probably need to go in person to the Criminal Clerk of Court in the county where you got your charge and ask them to give you a copy of the disposition paperwork. Most college applications still ask about deferred prosecution, so read the application carefully to make sure you answer correctly. Even if your charge was dismissed after deferred prosecution, the fact that you were even charged will still show up on a background check unless you petition for an expungement. Good luck.

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