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  1. #1
    Join Date
    Jan 2014
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    2

    Default Charges for Statements Allegedly Made Over the Phone

    My question involves criminal law for the state of: North Carolina

    So I have 2 warrants now issued in NC while living in MN (Only have been to NC once). Me and my ex aren't getting along and I called the local dept. to do a welfare check on my daughter after not hearing from them for quite a while. 1st question is, can the warrants be canceled at all especially since I had never been threatening on the phone? Secondly lets say down the road, if she decides, or if we ever get together again, can she drop the charges nullifying the warrants? I am just wondering, I have spoken to a few lawyers in the area this all took place and no matter what I can't have my attorney do an appear for me. I was just wondering.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Warrent Issued Over Phone Statements That Never Took Place

    It would depend just what the warrants are for. You can certainly be charged with harassment/stalking without actually making threats. The statute is pretty vague but includes telephone calls, phone messages, texts, faxes, and even mail (electronic or otherwise).

    Note that it is NOT the "victim" that files charges or determines whether prosecution proceeds. Authorities view recantations of DV and similar issues with a large amount of suspicion. You making nice to her is no guarantee the charges are going away. If the lawyers think it's progressed beyond the part of them being able to fight the probable cause, then you'll have to face the music.

  3. #3
    Join Date
    Nov 2013
    Location
    Chesapeake,Va
    Posts
    51

    Default Re: Charges for Statements Allegedly Made Over the Phone

    Quote Quoting mwdesigns11
    View Post
    My question involves criminal law for the state of: North Carolina

    So I have 2 warrants now issued in NC while living in MN (Only have been to NC once). Me and my ex aren't getting along and I called the local dept. to do a welfare check on my daughter after not hearing from them for quite a while. 1st question is, can the warrants be canceled at all especially since I had never been threatening on the phone? Secondly lets say down the road, if she decides, or if we ever get together again, can she drop the charges nullifying the warrants? I am just wondering, I have spoken to a few lawyers in the area this all took place and no matter what I can't have my attorney do an appear for me. I was just wondering.
    First off no one can "cancel" warrants except a judge and that rarely happens...2. Your ex took out the warrants but has no say so about the case going forward...the victim is NOW the State of NC...listen nobody is coming to get you in MN from nc for a petty harassment charge.....show back up in nc and get pulled and different story...this is a he said she said ..that being said you being convicted is unlikely....more likely is a deferred adjudication where that have you return in 1 year from court date and if you've been a good boy charges melt away forever from your record.
    Harassment warrants are piddly PITA issues and chock it up to learning how petty that person is.
    Securing warrants takes work so if they will go that far over some bs I'de be more scared next time it's a rape allegation or something very serious anyway. Do some soul searching and talk to some older wiser folks for advice on how to proceed...in the meanwhile stay out of NC unless you have bail money just in case

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