Legal Question in Criminal Law in North Carolina
I feel that I am being harrassed
In 1989 I was convicted of fraudulent misrepresentation. Vance County Department of Social Services claims that I had been receiving money through Western Union which should have been reported as income. I tried to explain that this money was money that I borrowed and repaid. Nonetheless, I received probation and was ordered to pay restitution of $265. When I was unable to pay due to being unemployed, I was imprisoned for one year.
On July 15, 2004 I was summoned again to VCDSS by Robert Davis and questioned about receiving Western Union again. I told him that any monies that I may have received have been returned to the sender. I stated that I could provide written documentation that I had returned the money but he said that would not be acceptable.
He said I had two options: voluntarily submit my identification and sign papers giving VCDSS to search Western Union records or have it done through the court system.
On July 19, 2004 I am supposed to sign papers giving them permission to search any and all Western Union records pertaining to me.
I want to know if someone could please advise me of my legal rights. What actions can I take? How long does a misdemeanor charge remain on your record?
1 Answer from Attorneys
Re: I feel that I am being harrassed
IF you have nothing to hide-refuse. He must have probale cause to search. If not the court will not issue him a search warrant. Call his bluff if you are sure the ADA can not prove a current crime. Misdemeanors are on yoru record-period.
Good luck
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