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  1. #21
    panther10758 Guest

    Default Re: Shoplifting At Belks

    ARTICLE 2C.


    Continuing Criminal Enterprise.


    § 14-7.20. Continuing criminal enterprise.

    (a) Any person who engages in a continuing criminal enterprise shall be punished as a Class H felon and in addition shall be subject to the forfeiture prescribed in subsection (b) of this section.

    (b) Any person who is convicted under subsection (a) of this section of engaging in a continuing criminal enterprise shall forfeit to the State of North Carolina:

    (1) The profits obtained by the person in the enterprise, and

    (2) Any of the person's interest in, claim against, or property or contractual rights of any kind affording a source of influence over, such enterprise.

    (c) For purposes of this section, a person is engaged in a continuing criminal enterprise if:

    (1) The person violates any provision of this Chapter, the punishment of which is a felony; and

    (2) The violation is a part of a continuing series of violations of this Chapter:

    a. Which are undertaken by the person in concert with five or more other persons with respect to whom the person occupies a position of organizer, a supervisory position, or any other position of management; and

    b. From which the person obtains substantial income or resources.(1995, c. 378, s. 1.)

  2. #22
    Join Date
    Apr 2008
    Posts
    19

    Default Re: Shoplifting At Belks

    But we did not use anything to take them off. We were trying to switch the prices and then they caught us. There is not way of talking to the DA or attorney to help us drop this off with community service of probation?

  3. #23
    Join Date
    Apr 2008
    Posts
    19

    Default Re: Shoplifting At Belks

    Quote Quoting panther10758
    View Post
    ARTICLE 2C.


    Continuing Criminal Enterprise.


    § 14-7.20. Continuing criminal enterprise.

    (a) Any person who engages in a continuing criminal enterprise shall be punished as a Class H felon and in addition shall be subject to the forfeiture prescribed in subsection (b) of this section.

    (b) Any person who is convicted under subsection (a) of this section of engaging in a continuing criminal enterprise shall forfeit to the State of North Carolina:

    (1) The profits obtained by the person in the enterprise, and

    (2) Any of the person's interest in, claim against, or property or contractual rights of any kind affording a source of influence over, such enterprise.

    (c) For purposes of this section, a person is engaged in a continuing criminal enterprise if:

    (1) The person violates any provision of this Chapter, the punishment of which is a felony; and

    (2) The violation is a part of a continuing series of violations of this Chapter:

    a. Which are undertaken by the person in concert with five or more other persons with respect to whom the person occupies a position of organizer, a supervisory position, or any other position of management; and

    b. From which the person obtains substantial income or resources.(1995, c. 378, s. 1.)

    ^They said in continuing criminal. This is my first time offense. Can they make me a felon through this first time?

  4. #24
    panther10758 Guest

    Default Re: Shoplifting At Belks

    If charged with felony and convicted yes you will be a convicted felon. talk to your Attorney about a plea deal that will drop charge to misdemeanor

  5. #25
    Join Date
    Apr 2008
    Posts
    19

    Default Re: Shoplifting At Belks

    Do you think I will have a better chance of getting a plea bargain due to that this is my first time offense? and they also look into everything I am in involved in at school correct? Have there been many cases like this and everything turned out for the better? If I get more lawyers and more people involved in helping me and taking all the help I can get does that look better to the judge?

  6. #26
    panther10758 Guest

    Default Re: Shoplifting At Belks

    You are free to hire as many Attorneys as wish (see OJ legal team) whether that increases or decreases your chance of plea bargain no one can really say

  7. #27
    Join Date
    Apr 2008
    Posts
    19

    Default Re: Shoplifting At Belks

    But my main question is do I have a better chance then most since this is my first time offense. Never caused trouble. Does well in school. And I am not a continuing criminal. The law you gave me was for a continuing criminal. right?

  8. #28
    panther10758 Guest

    Default Re: Shoplifting At Belks

    I did what you should have done. I typed info you gave into google search. Where yes its easier to get plea deal on 1st offense I cannot say it will go that way in your case. It probably will. You need to discuss this with your Attorney

  9. #29
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Shoplifting At Belks

    Quote Quoting worrier125
    View Post
    But my main question is do I have a better chance then most since this is my first time offense.
    He already answered that. Several times, from the looks of it. The answer, no matter how many times you ask it, is still "We can't say for sure, talk to your attorney about it."

    This is because you may get a cranky judge who doesn't like thieves no matter what, and he may throw the book at you and give you the maximum. Only your attorney can make an informed guess.

  10. #30

    Default Re: Shoplifting At Belks

    DUDE! First you need to calm down and dont ask the same questions five times. Understand that each case is different and that your results depend on many things that are out of your control.

    I dont know why you were charged with a felony, but if there is a new law, then thats probably why.
    Your best bet is to HIRE AN ATTORNEY...many attorneys as opposed to one WILL PROBABLY NOT MAKE A SIGNIFICANT DIFFERENCE, and will definitely cost you a lot more than what you really need to spend on your defense. This is a simple case and I'm sure any experienced criminal attorney has had plenty of shoplifting cases I would also recommend hiring a separate attorney. Im sure he or she will keep in communication with your friend's attorney and figure out what is in your best interest.

    Also, trust me...having an attorney will give you peace of mind. They know the DA's and the Judges and they will be better prepapred for whatever may happen. The state will give you different options, and will consider your age, you student status and your clean record in making a decision, especially if you have an attorney to represnt you and point these things out to the judge...but what will count the most is the fact that you DID commit a crime and there WILL be consequences, whether you have to pay attorney's fees and an expensive fine, do community service or have a record.

    Part of learning and growing up is accepting these consequences and not dumping your responsibility on anyone else...so get to it.

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