Legal Question in Criminal Law in North Carolina

I got charged with a simple assault in 2009..I was not guilty but anways i wasnt allowed to bring in a witness that saw the entire thing. My question is since i was charged with this wrongly is there anything I can do now? My witness saw the other person hit me and then saw her scratch her own face. But like i said in court I was not given the chance to bring this person in.

Asked on 4/08/13, 11:58 am

1 Answer from Attorneys

Clarke Dummit Dummit Fradin (Winston-Salem Office)

You had ten days to appeal the decision back when you lost in District Court. You would now have to file a motion for relief and prove that you were not advised of your right to a trial by jury. If a Court finds that you were convicted without a valid waiver of your right to an attorney, or without being properly advised, then you can argue to set aside the judgement and have a trial.

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Answered on 4/08/13, 12:04 pm


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