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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27467
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was arrested for communicating threats and after examining

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I was arrested for communicating threats and after examining the warrant I found this: The alleged event happened on 9-16-2010. The warrant has where it says (date of offence) is 9-17-2010. I have three certified letters from my employer stating the date as 9-16-2001. Also, The warrant quotes me as saying; "I'll slash your throat and kill you dead". The three certified letters say; you would slash his throat and end him. Now then how do these discrepancies affect my case? I am in North Carolina. Basically is this enough to have the case dismissed?

No, this would not cause your case to be dismissed, For purposes of a dismissal on the first date, what your lawyer would have to look at is the criminal complaint filed with the court and not the documents you have. That criminal court complaint is what was filed with the court and gives the court jurisdiction over you. If it's defective, then the court can't prosecute you.

However, if the complaint just has the wrong date, (actually it will say "on or about September 16th" which will cover the state anyhow) your lawyer can move to dismiss it, that's the kind of error where the judge would allow the court papers to be amended with the right date substituted. If the judge did grant a dismissal, however, the prosecutor would type up a new complaint with the correct date and just refile it later that day.

As for the statement, as long as whatever's on the court papers makes out a threat as defined by the law you're charged with violating, the case won't be pitched on those grounds either.

BUT discrepancies in dates and statements are always good things when you're fighting a case. Even if it doesn't get your case dismissed it can make a complainant look like someone who changes his story a lot, which could negatively affect his credibility. Or, it could make a police officer look like he plays fast and loose with his evidence. So what you have is good stuff -- just not for dismissal purposes.

Edited by FranL on 10/8/2010 at 3:27 AM EST
Customer: replied 6 years ago.
So, that combined with the fact that the plantif porposly placed his truck where I couldn't avoid running into it. The trooper seemed to concur with that assumption. And the fact that on feb.12 2010 the plantif did strike me in the chest in front of a witness and I didn't retaliate plus management did very little in the form of punishment. He got 2 days off without pay and a written warning in his file. Nothing really. Now how does this affect the disposition.

You asked me about dismissal. I gave you my answer, and that is not changed by your facts. Factual disputes are litigated at hearings and trial. If there are enough discrepancies to make a jury have any kind of doubt that you committed the crimes charged, then you would have to be found not guilty.

But none of the facts you mention have to do with what you're charged with, which is the making of a threat. THIS is what the state has to prove you did, and they have to prove it beyond a reasonable doubt:

N.C. Gen. Stat. § 14-277.1. Communicating threats.

(a) A person is guilty of a Class 1 misdemeanor if without lawful authority:

(1) He willfully threatens to physically injure the person or that person's child, sibling, spouse, or dependent or willfully threatens to damage the property of another;

(2) The threat is communicated to the other person, orally, in writing, or by any other means;

(3) The threat is made in a manner and under circumstances which would cause a reasonable person to believe that the threat is likely to be carried out; and

(4) The person threatened believes that the threat will be carried out.

(b) A violation of this section is a Class 1 misdemeanor.
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Customer: replied 6 years ago.
Well, Doesn't the fact that he had previously struck me with little more than a slap on the wrist was done to him. It is highly suspected that he set the dump truck situation in the first place by the witnesses to the event. Aka. He did it on porpose to get me fired which he did. And he knew I had to leave work monday for a family emergency. My 83 year old mother was passing blood from the cancer that had previously been diagnosed a week earlier. The kidney and the tube going to the bladder is gonna have to come out. EVERYONE on the job knew this, I think he is an evil sob and he really got out light. I could have resorted to assalting him like he did me. I didn't even tell the Trooper that we (all the other men on the job) thought he did it porposly too. What is the definition of duress and stress if that isn't?

Don't confuse the fact of whether you could dismiss this case (I think no) with whether you could win it. Without seeing any evidence, I wouldn't predict that.

However, some quick research tells me that duress defense may not fly. In North Carolina, “Duress . . . cannot be invoked as an excuse by one who had a reasonable opportunity to avoid doing the act without undue exposure to death or serious bodily harm.”  State v. Brown, 182 N.C.App. 115, 118, 646 S.E.2d 775, 778 (2007) (citation omitted).  “To constitute a defense · the coercion or duress must be present, imminent or impending, and of such a nature as to induce a well-grounded apprehension of death or serious bodily harm if the act is not done.” For a good analysis of duress in the state, look at the relevant section of this case.

Just because you don't have an affirmative defense, doesn't mean that there aren't ways of fighting this case. That's why you've already made an appointment with a lawyer.

As for me, it's 1:33 AM, so I'm heading off to bed to get to sleep.
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Customer: replied 6 years ago.
Why can't his truck be considered assaulting me? It weighs over 60,000 lLBS .

The simple answer is because he is the complainant and you are the defendant. The charges are against you.

It is certainly true that a motor vehicle can be used as a deadly weapon and that their drivers can be charged with crimes for deliberately misusing them in that way. This person wasn't. I don't have the entire background of your circumstances, but I do know that, for whatever reason, when the police and prosecutor got involved, they charged only you rather than go forward with the matter as a cross-complaint.

Again, the information is useful information for the defense of your case. But until you do go on to law school, as you mentioned you were thinking of in your feedback, you need to let your lawyer know all these facts, and he'll know what to do with them.. They will not make your case dismissable.
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