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Strange situation, warrant in a state but it doesn't come up anywhere

Charlotte, NC |

I lived in North Carolina for a few months, and I was working in a small painting company, I had to cash a check to pay the workers, I ended up hooking up with a girl and didn’t show up until the next day. When I went back they were saying we even called the cops thinking that you stole the money, I thought they were playing. I moved back to California, I’ve been stopped twice for speeding, I’ve worked for 2 major banks where they had to run a background check and nothing comes up at all. But when I go to the local North Carolina website I can see a warrant there. I called the workers to ask why they did it but the are no longer there anymore.
So, would this be a case where even though it shows on the Mecklenburg county warrant search site, is not even a warrant maybe, not enough eviden

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Attorney answers 3

Best Answer
Posted

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 Employee or Embezzlement cases) could have sought a warrant, again via the Magistrate.

A VERY easy way to figure out the exact type of process pending is to review the Administrative Office of the Courts (AOC) computer database or speak with a representative of the Sheriff's Department in the Warrant Repository section.

I'm frankly not certain if an Warrant would be listed on the NCIC until it had been served and/or an arrest made. That may be a reason it's not showing up on a NATIONAL database. There has not been a formal "CHARGE."

A Criminal Summons would require "service" and would NOT result in an arrest. A Warrant for Arrest WOULD result in an arrest. As you may likely now understand, it can be a complicated process. It is VERY VERY difficult to strike or otherwise set-aside a Warrant without having been formally served.

Again, more information is necessary; yet, this could POTENTIALLY be serious, as normally accusations of theft by an employee are felonies. (Obviously, there are exceptions.)

You would do well to speak with an EXPERIENCED Criminal Defense attorney.

bill powers

NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and is specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background. NOTE: There may be other facts and law relevant to the issue. Readers should not base any decision on the;information provided herein and are specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background WHY: The content herein is provided for educational purposes and should not be inferred as applying only to DWI / DUI criminal defense. In fact, it may be equally relevant to claims of personal injury involving accidents and the consumption of alcohol or more simply, to the daily practice of law. Bill Powers lectures on such issues on a regular basis with the intent to educate, to be fair, to be accurate and to encourage, open, honest and scientific discussion on the subject. Attorney Bill Powers did NOT represent the Defendant in the particular cause of action.

Asker

Posted

Mr. Powers, could the posiblilty be that there has not been a formal "charge"? I went to work the next day and paid the workers. what makes me wonder is if the police report was taken that night, would that be the reason why it just shows on the warrant search under the Sherrif's Department of Mecklenburg? I am just afraid to ask because even thought I know I'm 100% innocent, I don't want to get arrested or pay any bonds or attorneys and all that stuff. I also want to travel overseas but I'm afraid to do it, if it doesn't come on on backround checks, or even police of other states, it won't come up in customs either right?

F. "Bill" William Powers

F. "Bill" William Powers

Posted

well, need more information and wouldn't want any of your personal information on the web / avvo.com.

Posted

The easy solution is to contact an attorney local to the court. Your attorney can look into the status of the warrant and see what it will take to have it withdrawn.

We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

Posted

It sounds like you were charged with a fairly serious offense, probably embezzlement, and that the warrant was never served. If that is the case, another state would probably not be aware of the warrant, but should you even come to the attention of law enforcement anywhere in North Carolina, you would be at risk of arrest.

If the warrant is ever served, it is likely that you would be able to beat the case at trial, unless the State saw the light and dismissed the case earlier. Until the warrant is served, it's unlikely that the case can be withdrawn.

My guess is that unless you are thinking fo returning to North Carolina, there is little incentive for you to resolve it. It probably will never be an issue for you if you stay away. If you should return or if policies change, you could be arrested and brought back to North Carolina very much against your will. There are many unpleasant ways to travel across the country, but handcuffed in the back of a windowless van is near the top of that list. Because no one can guarantee that you will not be extradited on this, you may want resolve it so that you need not be worried about it someday resurfacing.

If you do decide to resolve the case, you would do well to hired an experienced, local criminal defense attorney to pave the path before you return. You'll find the your visit far more pleasant and possibly far shorter if you have an savvy advocate in your corner.

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