Legal Question in Criminal Law in North Carolina

My mother has been charged with stealing someone's identity and using their bank account, she has a mental illness. Will she receive jail time, this is her first ever legal problem, she has never even had a speeding ticket.

Asked on 6/18/13, 5:19 pm

2 Answers from Attorneys

Clarke Dummit Dummit Fradin (Winston-Salem Office)

It depends upon the amount of money, and how the prosecutor elects to indict the charge as to whether she could even face an active sentence. But even if she is charged with the highest offense, and did face an active sentence, Judges generally do not lock up first time offenders, Talk to her attorney and explain the mental illness, and document it for the attorney to sho the judge is the best thing you can do right now.

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Answered on 6/18/13, 6:01 pm
Amanda Houser The Houser Law Firm, P.C.

Based on your description, the bottom line is that she appears to be a good candidate for a non-active sentence however, active time is certainly a possibility. The mental illness angle may play a small role but in order for her to assume someone's identity and get into their bank account indicates that she was in enough control of her faculties to be responsible for her actions.

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Answered on 6/18/13, 10:49 pm

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