Felony

No, it is up to the discretion of the police and prosecutors.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Thx, Helena.

That discretion of police and prosecutors! Wow! Evidence of a felony and the police and prosecutors get to decide! Laws on the books mean nothing. Dang. It is pretty easy to get away with murder. Wish I knew then what I know now! Athos! Give that felony a shot! LOL!

Athos, the police and prosecutors will not pick up a felony if the case is not strong enough to ensure that they will win. If there is not enough evidence against a person they will not attempt to prosecute. Think of it this way: Say you have knowledge or circumstancial evidence that someone committed a crime, but not a lot of solid proof. If that person is prosecuted and they are not found guilty, they can not be tried for that again. If you KNOW that a felony was committed, would you want to be assured that the person would pay for it, or take a chance that they can do it again?

Just because the state does not automatically prosecute does not mean that the person is not being watched and more evidence is not being gathered for later proof…

I have emails that are solid extortion with numerical figures given (if you don’t pay me X, I will do Y). I also have what’s already been done and dates/times of phone calls with threats. It’s been a pattern of extortion and then collateral damage when she doesn’t get her way. It’s just that this time she put it in several emails.

quote:
[i]Originally posted by stepmother[/i] [br]Athos, the police and prosecutors will not pick up a felony if the case is not strong enough to ensure that they will win. If there is not enough evidence against a person they will not attempt to prosecute. Think of it this way: Say you have knowledge or circumstancial evidence that someone committed a crime, but not a lot of solid proof. If that person is prosecuted and they are not found guilty, they can not be tried for that again. If you KNOW that a felony was committed, would you want to be assured that the person would pay for it, or take a chance that they can do it again?

Just because the state does not automatically prosecute does not mean that the person is not being watched and more evidence is not being gathered for later proof…


The previous actions probably can not be prosecuted but with the e-mail threats, and any action is taken after this point, you probably could contact the DA or Sherrif’s Office and find out what the next step is.

Does the State of North Carolina automatically pick up and prosecute criminal felony charges if evidence is brought to their attention?