Legal Question in Criminal Law in North Carolina

My son in law age 23 received a call telling g him a warrant was issued for his arrest but since nothing but a couple of speeding tickets the officer a!lowed him to turn himself in he was charged with 4 felony counts of misuse of company credit card totalling less than 1000$ he was released without bail. He was appointed an Atty. He has yet to see why they are charging him the proof etc. He has yet to be in contact with any investigating officer he has confined this twice as his Atty recommended he do 50 hrs community service and restitution and it would get it dropped to misdemeanor at the last continuance new date was set for Oct in district court but he has received a letter for a date of sept in superior court. On the court docket though both dates are there but the sept in superior court is for receiving merchandise under false pretenses he was not issued a new warrant nor anything nor still has not spoken to any police officer except the one about the warrant who met my son in law and told the magistrate that he turned himself in when notified and had never been in trouble before


Asked on 8/01/17, 9:48 pm

1 Answer from Attorneys

Soooo, what's your question? I see a couple of areas where it appears you have the wrong idea about how things work but in order to help you in any meaningful way on a forum like this, you ought to ask specific questions. Basically uless your son plans to represent himself (not a smart thing to do), he should not be talking to anyone except his attorney - especially the investigating officers. If he doesn't like the job the Court appointed attorney is doing, he can hire another attorney. As to the Court dates in District and Superior Court - that's normal as well. Felonies are heard in Superior Cour only but some of the more minor aspects such as a first appearance are usually handled in District Court. Bottomline, your son likely knows if he did something illegal. If he did and the state can prove it, he likely ought to follow his attorney's advice and take the plea deal. If he didn't do anything wrong, it's his choice whether to roll the dice and go to trial but regardless of whether he is actually innocent or not, he is taking the risk of getting popped with a felony if he chooses to go to trial.

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Answered on 8/02/17, 5:23 am


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