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Showing posts with the label public intoxication

Obtaining Property by False Pretenses (Originally Posted by Sean Cecil May 09, 2017 : 2 Comments)

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https://edelsteinpayne.com/criminal-defense Obtaining Property by False Pretenses (Originally Posted by Sean Cecil May 09, 2017 : 2 Comments In North Carolina, Obtaining Property by False Pretenses is a felony. If the property obtained has a dollar value of less than $100,000.00, the crime is a relatively low Class 'H' felony. To obtain a conviction for "OPFP" the government must prove, beyond a reasonable doubt, that a defendant is guilty of all the following elements: 1. made a representation about a past or existing fact or a future event 2. that was false and 3. was calculated and intended to deceive, AND 4. the representation did actually deceive another person (this includes associations, governments, corporations, etc) AND 5. the defendant thereby obtained,  or attempted to obtain,  money, goods, property, services... or any other thing of value from that person.  Most of these cases are low-level felonies. Examples I have seen often...

NC Criminal Defense: Wake County Prosecutor Dismisses Over 100 DWIs Because of Lying Deputy (Originally Posted by Sean Cecil Mar 31, 2016)

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https://edelsteinpayne.com/criminal-defense NC Criminal Defense: Wake County Prosecutor Dismisses Over 100 DWIs Because of Lying Deputy Originally Posted by Sean Cecil Mar 31, 2016 (0 Comments) Citing an inability to rely upon the testimony of a former DWI Task Force member, Wake County District Attorney Lorrin Freeman has announced that she is dismissing over 100 pending drunk driving criminal offenses. According to the  Raleigh News & Observer , Freeman took the bold action as a result of District Court Judge Jacqueline Brewer "disqualified" former Wake County Deputy Robert Davis after finding that Davis had lied in at least three cases. Although she may not have any choice if Davis was the only witness in the cases, Freeman deserves respect for taking decisive action. Other prosecutors I have encountered over the years might be tempted to string the cases along in hopes of extracting a plea bargain from defendants who may or may not be aware o...