Legal Question in Criminal Law in North Carolina

im being takin to magstriate court by my brother inlaw charged with misdemors 1 count larceny and possession stolen goods it all over a game system that was mixed up in my stuff when i lived with him after i moved i thought it was mine as i had exaculy like it it has since been returned to him now hes still taking me to magstriate court what excually am i looking at fines or what i have tried to talk to him to drop everything hes being stubborn please help

Asked on 11/05/13, 11:14 am

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

One thing is for sure - you have your terminology all screwed up. There is no magistrates court in NC. We have a Small Claims Court where cases are heard by magistrates but these are civil matters not criminal so if you are going to small claims court you are not going there for larceny and possession of stolen goods. If you are sure the issues are larceny and possession of stolen goods - you will most likely be going to criminal district court. If that's the case, your brother in law may not be the douchebag you think he is. In criminal district court, the decision to dismiss or in your words 'drop everything') is exclusively in the hands of the Assistant District Attorney. They may or may not take your brother in laws input into consideration. Either way you need a lawyer because you don't gots a clue as to what's going on but if you have to go it alone just make sure to stress over and over again that taking the game system was a mistake when you moved and that you gave it back.

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Answered on 11/05/13, 12:15 pm

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