I have been branded a criminal by the State of NC

CameronBornAndBred · Post by **CameronBornAndBred** » March 19th, 2012, 6:51 pm

Today while driving home I was pulled over by a Morehead City cop for "driving too close". They love that excuse, it's very common here even though probably 95% of the people pulled over are well back of the car in front of them. This is just an excuse for them to further check you out, which is what of course they did to me. Usually they come back after a minute or so and send you on your merry way with a warning, but this time they got me to step out of my car so they could handcuff me. They told me the charge was for writing a worthless check, which made no sense to me since I just looked at my bank account yesterday and it was ok, and I never write checks. I figured that either they had the wrong person or that someone stole my checkbook.
After a very uncomfortable car ride (at least they let me ride up front) I was taken in front of the magistrate and presented with a warrant from June 6th, 1999. This warrant was for a worthless check...written for total of SIX DOLLARS AND FIFTY TWO FUCKING CENTS!!!!!! The charges were placed by Ingles, (a grocery chain) in Hendersonville, NC. I lived west of Asheville back then; I don't know if I ever wrote a check to Ingles for SIX DOLLARS AND FIFTY TWO FUCKING CENTS but even if I did I sure never knew "at the time that he/she did not have sufficient funds on deposit or credit with the bank with which to pay the check on presentation", as the charges state.
A couple things really suck about this, and none of them include the fact that this is over SIX DOLLARS AND FIFTY TWO FUCKING CENTS. First off, is that it is Hendersonville, which is six hours from me. So to contest it (and I am) I have to go all the way there. Second off, is that this is 13 years old. Isn't there some statute of limitations? Hell, I could have probably mugged someone back then and not have to worry now. Third, I have no idea if the check was actually written by me. My wife at the time and I had a joint account, hell...she could have written it. I don't have the check to verify it's validity. This blows chunks.
The total the state wants is $211.52. That includes a $25 processing fee, $180 in court costs, and SIX DOLLARS AND FIFTY TWO FUCKING CENTS. I don't think it's right that I should simply send the money in lieu of court, because if I do, I'm admitting guilt and I have a record, even if it is a misdemeanor. Every time I fill out an application that asks "have you been convicted" I will have to check "yes". That blows.

By the way, I asked the magistrate why I wasn't arrested before now...I had been pulled over recently enough. He told me that NC is updating their records system and computers so now all these old warrants are known to everyone. Bright side, I was pulled over during the day in a town where I was able to call someone to come pick me up and take me back to my car. I could have been in East Kapeepie at 3am, standing outside a dark courthouse. All over SIX DOLLARS AND FIFTY TWO FUCKING CENTS.

IowaDevil · Post by **IowaDevil** » March 19th, 2012, 7:30 pm

I know this really isn't funny to you but Mr ID and I are

!
You must know a good attorney via CTN who also thinks this is a crock for SIX DOLLARS AND FIFTY TWO FUCKING CENTS!

CathyCA · Post by **CathyCA** » March 19th, 2012, 7:31 pm

On the bright side, I'm assuming you didn't get charged with following too closely in Carteret County.

captmojo · Post by **captmojo** » March 19th, 2012, 7:31 pm

$6fuckin'.52
Now I realize, we have all run afoul

o' the law.

GEEZIS!

Vibes, man.

There's gotta be a limitation on this shit.
Bummer.

CameronBornAndBred · Post by **CameronBornAndBred** » March 19th, 2012, 8:13 pm

captmojo wrote: Vibes, man. There's gotta be a limitation on this shit.
Bummer.

Thanks. I don't know if there is or isn't. 13 years seems insane.

Miles · Post by **Miles** » March 19th, 2012, 8:40 pm

Ugh, jeez Man. That is just about the shittiest thing I've read all day. If you decide to make the drive to Hendersonville, you're more than welcome to crash at our place the night before, night of to help manage the trip. Hendersonville is about two hours from our place.

Good luck.

CameronBornAndBred · Post by **CameronBornAndBred** » March 19th, 2012, 8:41 pm

I have decided to make this a bit of a public event, since it really pisses me off. I've created a facebook page which I encourage you to like and to share with your friends so that they can like it too. Grrrrr.

http://www.facebook.com/SixDollarsAndFi ... ffingCents

CameronBornAndBred · Post by **CameronBornAndBred** » March 19th, 2012, 8:43 pm

Miles wrote:Ugh, jeez Man. That is just about the shittiest thing I've read all day. If you decide to make the drive to Hendersonville, you're more than welcome to crash at our place the night before, night of to help manage the trip. Hendersonville is about two hours from our place.

Good luck.

Might just take you up on that. And I'll still smell smoky from the 'cue contest the weekend before.

OZZIE4DUKE · Post by **OZZIE4DUKE** » March 19th, 2012, 8:54 pm

SFD, what bullshit!

Post by **YmoBeThere** » March 20th, 2012, 1:27 am

Agreed, this is going to far and time and money wasted on many people's parts. If this were a credit card transaction, they would have likely written of the amount a long time ago.

bjornolf · Post by **bjornolf** » March 20th, 2012, 5:41 am

Here's something I found at Answers.com. Apparently, the statute of limitations (SOL ironically) only applies to whether they filed the charges in time, NOT how long you are "on the lamb". They should have sent you a summons back then, though.

http://wiki.answers.com/Q/What_is_the_p ... h_Carolina

bjornolf · Post by **bjornolf** » March 20th, 2012, 5:44 am

BTW, is that a picture of you on the Facebook page? I thought it was the Undertaker in the heat of battle for a minute. Very scary. ;)

CameronBornAndBred · Post by **CameronBornAndBred** » March 20th, 2012, 7:27 am

bjornolf wrote:BTW, is that a picture of you on the Facebook page? I thought it was the Undertaker in the heat of battle for a minute. Very scary. ;)

That is a self portrait I painted after I found out I was getting separated from my wife. Since then, I use it on FB in times of sadness. Such as after Duke lost on Friday. I'm working on something new for the page in photoshop, since I'm not really sad, I'm pissed off.

CathyCA · Post by **CathyCA** » March 20th, 2012, 9:22 am

The SOL thing doesn't matter if you failed to appear on the original charges. It appears that the real reason you're being hauled in to court is because you failed to appear, and the judge issued a statewide warrant for your arrest. Our judges don't take too kindly to those who fail to come to court when summoned, no matter what the underlying charges were.

Very Duke Blue · Post by **Very Duke Blue** » March 20th, 2012, 9:29 am

CT&T,

CameronBornAndBred · Post by **CameronBornAndBred** » March 20th, 2012, 9:33 am

CathyCA wrote:The SOL thing doesn't matter if you failed to appear on the original charges. It appears that the real reason you're being hauled in to court is because you failed to appear, and the judge issued a statewide warrant for your arrest. Our judges don't take too kindly to those who fail to come to court when summoned, no matter what the underlying charges were.

That's lovely but I never got a summons. If I had, I would have gone. Hendersonville is much closer to where I used to live than where I live now.

CathyCA · Post by **CathyCA** » March 20th, 2012, 9:47 am

CameronBornAndBred wrote:
CathyCA wrote:The SOL thing doesn't matter if you failed to appear on the original charges. It appears that the real reason you're being hauled in to court is because you failed to appear, and the judge issued a statewide warrant for your arrest. Our judges don't take too kindly to those who fail to come to court when summoned, no matter what the underlying charges were.

That's lovely but I never got a summons. If I had, I would have gone. Hendersonville is much closer to where I used to live than where I live now.

The shuck will have a record of how you were served (if at all).

I'm just saying that this isn't a SOL issue. It's a FTA issue.

But what do I know about the practice of law in North Carolina?

CameronBornAndBred · Post by **CameronBornAndBred** » March 20th, 2012, 9:54 am

CathyCA wrote:
CameronBornAndBred wrote:
CathyCA wrote:The SOL thing doesn't matter if you failed to appear on the original charges. It appears that the real reason you're being hauled in to court is because you failed to appear, and the judge issued a statewide warrant for your arrest. Our judges don't take too kindly to those who fail to come to court when summoned, no matter what the underlying charges were.

That's lovely but I never got a summons. If I had, I would have gone. Hendersonville is much closer to where I used to live than where I live now.
The shuck will have a record of how you were served (if at all).

I'm just saying that this isn't a SOL issue. It's a FTA issue.

But what do I know about the practice of law in North Carolina?

HA! I know. I'm just saying that I was never served...yesterday's events came as a complete shock and surprise to me.

Ima Facultiwyfe · Post by **Ima Facultiwyfe** » March 20th, 2012, 10:38 am

So what is the likelihood of being able to show one was never served? And would it make any dif at all? $:-\$
Love, Ima

lawgrad91 · Post by **lawgrad91** » March 20th, 2012, 10:43 am

Ima Facultiwyfe wrote:So what is the likelihood of being able to show one was never served? And would it make any dif at all? $:-\$
Love, Ima

They should have that paperwork in the court file, as well.

I have been branded a criminal by the State of NC

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