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Q.
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I missed my court date. What do I do?
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A.
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You must go to the Criminal Magistrates' office in person to be served with the failure to appear and be given a new court date.> |
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Q.
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I want to file a criminal complaint against someone. What information do I need?
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A.
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You must provide the first and last name (no street names/ aliases) and address of the person whom you wish to seek charges against.
NOTE: Be advised that under N.C.G.S. 14-209 any person found guilty of making
a false statement while under oath, in any NC court, will be punished as a Class F felon, which carries a maximum sentence of 39 - 49 months in prison.
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Q.
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Can I drop the charges against someone I swore a complaint/warrant on?
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A.
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No. The District Attorney represents the state in all criminal cases, and only the District Attorney or an Assistant District Attorney has the authority to dismiss a case before it goes to court. |
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Q.
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Can I arrange for a Magistrate to perform a wedding ceremony?
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A.
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The Civil Magistrates office can perform weddings from 11:00 AM - 11:30 AM & 3:00 PM - 3:30 PM Monday thru Friday at the Durham County courthouse. The Criminal Magistrates' office (if time permits) can perform marriage ceremonies after this time frame. |
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Q.
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I want to have a restraining/protective/exparte order issued against someone. What do I do?
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A.
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You will need to go to the Clerk of Courts' office during normal business hours (8:30 AM - 5:00 PM Monday - Friday). |
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Q.
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I received a bad check. What do I do?
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A.
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Contact the District Attorney's office. The District Attorney has implemented a Worthless Check Program, to address certain worthless check cases. |
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Q.
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I think I have an outstanding warrant for my arrest. What do I do?
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A.
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Go to the Criminal Magistrates office and arrangements will be made for you to be served with the court documentation. |
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Q.
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I have taken out criminal charges and my address or the defendant's address / information has changed. Who do I notify of this?
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A.
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You will need to notify the Clerk of Court's office of this new information so that they may update the appropriate court documents. |
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Q.
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What is the maximum monetary amount that I can sue for in Small Claims Court?
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A.
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Five thousand dollars ($5,000.00). |
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Q.
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Can I sue someone in Small Claims Court in Durham if they live in another county in NC?
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A.
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No. You have to sue the person in the county in which they reside. |
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Q.
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If I contact a Bail Bondsman how much would I have to pay them?
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A.
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NC G.S. 58-71-95 (5) Allows no more than 15% of the bond. Amount
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Q.
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What are bonds/bail?
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A.
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Bond/bail is money and/or property paid or placed in trust to ensure the defendant's appearance in court. |
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Q.
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What are the types of bonds?
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A.
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Secured: Money/property required
NOTE: Requirements to post a property bond in Durham County: 1. A title search must be done by a ReaL Estate attorney, and
2. A Certificate of Title, Note & and Deed of Trust must be made out to the Clerk of Court.
Unsecured: The defendant is required to provide a conditional written promise to appear at all court proceedings. A preset monetary amount of bond is also required to be paid if the defendant fails to obey any of the conditions set forth by the court.
Written Promise to Appear: The defendant provides his/her signature establishing a promise to appear in court where no bond/bail amount is set.
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