Legal Question in Criminal Law in North Carolina
Asheville, NC. My brother in law went with his 6 yr son to a guys house to purchase a table from a craigslist ad. He made the transaction, they made small talk then he left. The next day the guy called him saying he took his phone while at his house. My brother in law did not take his phone and told him that. The guy then called him back telling him if he didn't bring $700 to the local magistrate that he would have him arrested. My brother in law didn't have anything to hide because he didn't take the guy's phone. When he showed up at the magistrate, the magistrate heard the guy's claim, didn't let my brother in law say anything and had him arrested for larceny and held in jail 2 hours and now has a court date for July. What should he do? He does have a conviction for writing checks 15 years ago, but has since straightened his life up and is a full time single dad
2 Answers from Attorneys
He needs to call a criminal defense attorney for representation.
One of two things is the case: 1) either the guys phone really did go missing and either your brother in law took it or he didn't, or 2) the whole thing is a scam to extort your brother in law out of $700 bucks. Either way your brother in law now needs an experienced criminal attorney. It was a big mistake to go to the magistrates office because if this is a scam it may be the case that the magistrate is in on it. Magistrates are not referees, so if the guy was there first requesting a warrant it would not be unusual for the magistrate to ignore your brother in law and base his or her decision solely on the evidence presented by the other guy - so that is not really an indication of whether or not the magistrate was in on it. However, this isn't the first time corruption has reared its ugly head in our legal system and won't be the last. If this is a scam the question is how far up the chain does it go. If your brother in law's attorney starts encouraging him to pay a lump sum of money to make this all go away - that's a bad sign.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
