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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23528
Experience:  Active member of the NYS bar since 1989
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My daughter who lives in Florida was in county NC to visit

Customer Question

My daughter who lives in Florida was in Jackson county NC to visit her terminally ill grandmother. While she was there she was assaulted by a relative who was charged with a felony/strangulation/assault charge. Long story short, my daughter decided to not fly back to NC to attend the hearing out of fear. So she did not show up and I have been told the charges have been dropped. My daughter and , now I are back in NC and still be harassed and threatened. Is there a statue of limitations to have this conviction re-instated or get some kind of protection against further threats
JA: What state is this in? And can you tell me a little more about the charge?
Customer: This took place in NC and my daughter did not attend the hearing out of fear of retaliation against her by her cousin. I am now back in NC to live and my daughter will be coming back to live also. What can we do to stop the threats and possible, futher injuries by this person?
JA: Has anything been filed or reported?
Customer: Yes. The police were called and family came to her rescue and kicked the person off the property but she keeps coming back and threatens and harasses us. The person who did this was arrested and bonded out. A court date was set but my daughter was back in Florida. She did have a plane ticket to fly back for the hearing but has mental and emotional problems and was too afraid to show up. She tried to get some kind of protection from the courts but no one called her back to help
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yesw. Can this be taken back to court and re-instated? I called yesterday and was told it was dismissed on October 20th, 2016. Is there a statue of limitations to go back and charge her now? My daughter has people who can go to court with her for support now so she isn't so fearful to be around this person who committed this crime towards her. We will be living here in NC now and we will need some kind of protection against this person.
Submitted: 18 days ago.
Category: Legal
Expert:  Zoey, JD replied 18 days ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey, JD replied 18 days ago.

There is no statute of limitations in North Carolina for felonies or for malicious misdemeanors. In any case, the harassment is continuing, which would give rise to additional possible charges.

Your daughter needs to go back to the police or to the DA and report the crimes all over again. She can explain why she was unwilling to attend the last hearing. If the case was dismissed without prejudice, which would typically be the case, there would be no legal reason that the prosecutor couldn't bring charges again and add the new harassment charges as well.

That said, If your daughter is not willing to do all that is necessary to make these charges stick, she's not going to get the protection of the court. The DA can give her reassurances as to her safety and let her know what can be done to protect her from harm while the case is pending, but they cannot make out their case without her. They will want to know that this time she intends to cooperate fully with the authorities.

Expert:  Zoey, JD replied 16 days ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.