Is Your Larceny Citation Defective?

Pursuant to North Carolina General Statute § 15A-924(a), a citation or arrest warrant is facially defective if it fails to charge an offense properly.  For a larceny offense to be properly charged, the citation or arrest warrant must identify the property owner, or alleged victim of the larceny, as either:

(1)    A natural person; or

(2)    A legal entity capable of owning property.

In order to show a legal entity is capable of owning property, the citation or warrant must specifically identify the entity by its legal name, using the proper designation as “corporation,” “incorporated,” “company,” or the like.  For example, “Wal-Mart Stores, Inc.” is a legal entity capable of owning property, but “Wal-Mart” is not.  Correct legal names for other retail store chains include:

·         Belk, Inc.

·         Target Corporation

·         Kohl’s Department Stores, Inc.

·         Sears, Roebuck and Co.

·         Home Depot U.S.A., Inc.

A citation or warrant that fails to properly allege a legal entity capable of owning property is considered facially defective and could be grounds for a dismissal.

If you have been charged with larceny or shoplifting in Wake County, call The Law Offices of Wiley Nickel at 919-585-1486 for a free consultation with one of our experienced Raleigh larceny lawyers.       


Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.