Legal Question in Criminal Law in North Carolina
if you are accused of a crime but no warrant has taken out, but they are harassing you and threatning to take one out if you dont do what they say, can you take out a warrant for harassing and threats over the phone? if so will they still be able to take out a warrant?
2 Answers from Attorneys
Speak to an attorney. Who is making threats?
Based on your description, what they are doing could be extortion and if so it is illegal and you may be able to have a warrant sworn out. However, if you do, they could potentially swear out a warrant against you - especially if you actually did the crime they are accusing you of. Mr. Love's advice is right on - you need legal counsel that has all the facts to assist you in deciding the best way to resolve this situation. Depending on what they are accusing you of, one possible solution would be to simply notify the other side that this may be a Mexican standoff (a situation in which no one can emerge as a clear winner - basically, a scenario of Mutually Assured Destruction) and each of you just let things go and go your separate ways.
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