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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If a person took a plea for a misdemeanor and the case is

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If a person took a plea for a misdemeanor and the case is closed. A person that was affiliated with them gets caught doing the same thing but tries to put that person into their actions, what is the consequence of the person that took the plea but has not talked to that person for over a month.
JA: What state is this in? And can you tell me a little more about the charge?
Customer: North Carolina. Misdemeanor Larcency
JA: Have you talked to a lawyer yet?
Customer: Called my lawyer but the probation officer called my son and told him what happened. He told my son that he has been on good standing and that if he is willing to work with the detectives on this issue. I think it is not safe and wanted to know his rights.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to know what could happen to my son?

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Sorry, it is hard to follow which person did what. Using names (just pick - Bob, Nick, etc), tell me what specifically has happened, please? And who are you - are you the father of one of the people?

Customer: replied 27 days ago.
My son Kenneth was charged with Larceny and the case has been closed and he received 6 months probation. I am not certain when it happened, but his ex girlfriend was arrested for the same crime that he committed and she is trying to throw him under the bus with the courts. He just found out this morning thru his probation officer. The probation officer stated that he can clear his name but would like for my son to work with the detectives on this type of crime. I am not comfortable with that and wanted to know what can he do or say?
Customer: replied 27 days ago.

If possible, can you call me at *************

Thank you for your call request. The site allows the expert to opt out of the call request, and I must respectfully ***** ***** not worry - other experts receive the request as well, and the first available expert calls. They will also have your question and my replies to build upon, so nothing will be lost. Meanwhile however, we can continue the chat online if you'd like - tell me what happened.

Customer: replied 27 days ago.
Just wanted to know his rights as he is not a part of her situation being that he has not talked to her in over a month.

Got it. First of all, understand how this works.

1) a police complaint is filed or a police investigation is opened if the suspect is involved in something;
2) the police investigate by questioning all parties involved and reviewing the evidence;
3) they pass on the information to the District Attorney;
4) the D.A. makes a decision whether to charge or not.

Now, even if A has already been charged and convicted, if the police/DA comes into evidence that has B shown also to have been involved, then they can separately charge B with a crime, even if A has already been charged and convicted...

Customer: replied 27 days ago.
Okay, understood. But, can they reopen and change the conviction to a felony?

Generally speaking NO. That would be double-jeopardy and is not allowed. See HERE.

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Customer: replied 27 days ago.
He has been no where around her but she told them he was with them. He has proof but I do not want him to talk to anyone regarding this situation. His probation officer asked him if he is willing to assist the detective on this matter...I am not clear on that.
Customer: replied 27 days ago.
Okay. Thanks and I have read the double jeopardy.

I understand. Normally, he would not be changed again. However, his attorney may wish to ask the prosecutor for an agreement that he would NOT BE CHARGED AGAIN, just in case. The DA should be willing to provide such an agreement in most cases.

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