North Carolina Finance

Mar 13 2018

Can I obtain a court date for a violation of probation without having to turn

Only if you contact an attorney who can then contact your probation judge. In some instances we can get you into court the next business day so as to minimize the amount of time you have an active warrant for violation of probation.

Can the police seize my cash, vehicle or other property without a seizure warrant?

Not without probable cause to believe that it was used or attempted to be used in the commission of a felony. You are entitled to a swift hearing to determine if there was a proper seizure.

If I was arrested for a DUI what can I do to get my drivers license back and when can I get a permit to drive?

My office can obtain a permit for you to drive while your DUI is pending in court if you contact me within 10 days of your arrest. We can also advise you on the number of days you can expect to be without a regular drivers license based on your particular DUI case.

Are the police able to search my vehicle without a warrant?

As a general rule, no. The police have become accustomed to searching a person s vehicle after an arrest calling it an inventory search. Recent U.S. Supreme Court case law has limited the types of searches the police can conduct of a citizen s vehicle without a warrant but the police continue to routinely search cars without warrants.

After the police initially detain me, can they ask me questions without reading me my rights?

The police must read you your constitutional rights prior to questioning you if you are in custody. For instance, in a DUI case they will often ask you how much you ve had to drink right after they pull you over. The answers you provide are inadmissible in evidence if they have not read you your rights.

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