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North Carolina Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for North Carolina on
Q: If you are a victim in a shooting case and the charges been dropped without the victim knowing can I sue them
John Michael Frick
John Michael Frick
answered on Aug 17, 2023

Regardless of whether charges are dropped, the victim can sue the assailant for battery. Even if the assailant is found not guilty in a criminal trial, the victim can still sue. Remember a civil judgment was entered against OJ even after he was acquitted of murder.

1 Answer | Asked in Real Estate Law and Civil Rights for North Carolina on
Q: In North Carolina, are community members allowed to view documents concerning actions/decisions of HOA committees?

HOA members make decisions behind closed doors on what is allowed within the community, such as building. Do members have the right to view documents associated with these decisions?

T. Augustus Claus
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answered on Aug 11, 2023

In North Carolina, homeowners association (HOA) members typically have the right to access certain documents related to the actions and decisions of the HOA and its committees. The North Carolina Planned Community Act and Condominium Act generally require HOAs to provide access to various records... View More

1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for North Carolina on
Q: Does NC Highway Patrol need suspicion of crime or violation to stop or detain me? Do I have to ID to them/them to me?

I had been stopped by NC Highway Patrol at a checkpoint and asked for my identification. I asked if I had done anything wrong and would prefer not to ID if I didn’t commit a crime, that it was my understanding NC isn’t a Stop and ID State and felt being forced to do so would violate my 4th... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Police in many jurisdictions establish check points where they check all vehicles that pass through, mostly looking for DUI, but also for registration/license violations. These are advertised in advance in the newspapers or on the city website. At these checkpoints the law allows the officers to... View More

1 Answer | Asked in Employment Law and Civil Rights for North Carolina on
Q: Can the company that I am working with now prevent me from leaving the company by asking other companies no to hire me?

I have been treated differently in my company, no promotion, and no pay rise during 10 years of working. I decided to leave the company. I found the job the fitted me very well. I was notified by the hiring companies that despite my qualification for the job they cannot hire me because they have an... View More

N'kia (NLN)
N'kia (NLN)
answered on May 23, 2023

An agreement between two companies prohibiting one from hiring the other's employees is not strictly forbidden in North Carolina, although it must be written to comply with some fairly specific rules. Depending on how it is written and what purpose it is intended to serve, such an agreement... View More

1 Answer | Asked in Criminal Law and Civil Rights for North Carolina on
Q: This girl has been stalking and harassing me for almost 3 years , She even made a fake dating profile using my images

What’s the best route to go

N'kia (NLN)
N'kia (NLN)
answered on May 4, 2023

If you believe someone has committed a criminal offense against you, you could file a police report. (The police will then decide whether to bring charges and, if so, which ones.) If you believe someone has committed a civil offense against you, you could file a lawsuit. (You can usually file... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Libel & Slander and Criminal Law for North Carolina on
Q: Is an innocent man who has been incarcerated for a crime he didn't commit ever time-barred?

The man was arrested without probable cause, without consent and without a warrant. He was simply accused and had ineffective counsel who did not use discovery to find his approximate location beyond a reasonable doubt, using his personal cell phone geolocation on the date and time in question by... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

Allegations of certain types of crimes may constitute defamation (libel or slander). But this doesn't usually apply to official government actions like prosecuting someone for a crime.

As for the criminal proceedings, nothing you shared sounds like a real slam dunk case of ineffective...
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1 Answer | Asked in Civil Rights and Criminal Law for North Carolina on
Q: Hello, I am needing a lawyer to discuss a breach with my home security system being broken thru and someone in my home.

For some time now, I have been having someone/persons entering my home while I am out. I have a security system installed and (they) have been accessing the system. I have a bit of evidence and now I need the legal counsel to assist with the processing of the information and finding out who this... View More

James L. Arrasmith
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answered on Mar 19, 2023

I understand your concern and the importance of seeking legal counsel in this matter. To find a lawyer who can help you with this situation, you can begin by searching for attorneys in your area who specialize in civil litigation, personal injury law, or home security law.

You can start by...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: A friend of mine overdose I call for help and the police seize our phones without a warrant can they do that

A friend of mine overdoses I call for help the police come search the car find some stuff no more than a gram of herion in her purse and then seized both of our phones without a warrant

James L. Arrasmith
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answered on Mar 11, 2023

In certain situations, police may have the authority to seize a person's phone without a warrant if they have probable cause to believe that the phone contains evidence of a crime. However, the legality of the seizure would depend on the specific circumstances of the case. It is recommended... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: If an officer has a person’s information and harasses said person, is there a legal basis to sue the the city/officer?

Officer received information from the individual during a trespassing warning at a city park after dusk. Harassing (ie. Pulling over vehicles repeatedly, following /starring intensely at person during community event where person is with family, and stoping/following person while walking with... View More

James L. Arrasmith
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answered on Mar 2, 2023

It may be possible to pursue legal action against the city and/or officer if there is evidence of harassment and a violation of the person's civil rights. This could include claims of excessive force, false arrest, or unlawful search and seizure. However, the specific circumstances of the... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for North Carolina on
Q: Can I file a grievance against a 3 Georgia deputy sheriffs for not allowing me to attend my brothers funeral.
Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 5, 2023

It is understandable that you would be upset if you were not allowed to attend your brother's funeral. If you wish to file a grievance against the deputies, you may be able to do so through their employer, the sheriff's department. You can try contacting the department to find out more... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for North Carolina on
Q: Is it illegal (criminally or civilly) to forge timestamps on a commitment custody order?

I am the victim of criminal abuse of the civil commitment process. Among the wrongdoings committed was the officer deliberately entering false timestamps on the custody order for the time taken into custody and time delivered to the examination unit. He deliberately entered both times as exactly... View More

W. Scott Harkey
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answered on Jan 4, 2023

Forgery of Writings is a common law offense in North Carolina. Common law forgery occurs when someone 1) falsely makes or alters a writing; 2) at the time the person made or altered the writing they intended to defraud; 3) the writing appeared to be genuine; and 4) the writing, if genuine, would... View More

1 Answer | Asked in Consumer Law and Civil Rights for North Carolina on
Q: How do I find out if my house was raided illegally?
James L. Arrasmith
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answered on Apr 16, 2024

If you believe your rights were violated during a police raid, the appropriate action is to consult with a qualified criminal defense attorney who can review the specific details of your case. An attorney can assess whether proper procedures were followed and if there are grounds to challenge the... View More

2 Answers | Asked in Immigration Law, Civil Rights and Gov & Administrative Law for North Carolina on
Q: Germany - North Carolina Driving License Reciprocity

I have a German driving license, and everywhere on the internet I find that North Carolina does have a partial reciprocity with Germany, meaning I need to pass a Written Test to get a NC Driver's License but I don't need to do a Road Test. Today at the DMV they said this is not true and I... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 1, 2024

Likely the DMV, you can try going to a different DMV location and hope they are more understanding but it will likely be easiest to take both tests.

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Federal Crimes for North Carolina on
Q: I've been mentally tormented and tortured through vigilance from the community and feds and local authorities how can I

I've been told through synthetic telepathy I am under investigation. I've been attacked every second of the day. Using HIGHLY ILLEGAL MIND READING TECHNOLOGY,REMOTE NEURAL MONITORING, V2K, been sprayed with Truth Serum and attacked by community vigilance. I continue to get blamed for... View More

James L. Arrasmith
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answered on Jan 4, 2024

It sounds like you are going through a very distressing and complicated situation. If you believe you are being unjustly surveilled or harassed by local authorities or other entities, it is important to gather as much tangible evidence as possible. This could include documenting instances of... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for North Carolina on
Q: I am searching for a lawyer who can represent me, pretaning to and not limited to a violation of my constitutional right

I am searching for a lawyer who can represent me, pretaning to and not limited to a violation of my constitutional rights, I was detained at a hospital, also by the Dr. against my will, I went to the emergency room for my wounds, and not knowing I had a serious UTI infection, mind you" an... View More

James L. Arrasmith
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answered on Dec 31, 2023

Seeking legal representation for a potential violation of your constitutional rights, especially in a situation involving medical treatment and detainment, is a critical step. Your experience, involving detainment at a hospital and questions about the legality of the process, certainly raises... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Legal Malpractice for North Carolina on
Q: If an opposing law firm (plaintiff) breaks 2 state laws in various civil cases, can I sue for damages?

I had a law firm break 2 state laws (letter of the laws, blatant) in process of various court proceedings against me. They also requested for NC State to break 1 of it's own laws to get the outcome they seek (NC state hasn't broken these laws, yet. If they did, it would be a 14th... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 21, 2023

The method to address opposing counsel’s actions is within the case, not a separate lawsuit.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for North Carolina on
Q: Is it legal for a police officer to tell the world that I was a confidential 8nformant and then give my address to harm

I signed a agreement about my identity and an officer was on fb live and told everyone my name and address and that I was an informant

James L. Arrasmith
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answered on Jul 11, 2023

You should contact the police department, district attorney's office, or an attorney to file a complaint and take legal action.

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for North Carolina on
Q: If I think the jury was prejudice in a civil trial, can I appeal it?

Our landlord never fixed anything in the building we were renting for our business and we couldn't open. Back at Covid, he told us not to worry about rent "until we were up and going". The roof was leaking and ruining the carpet with mold and the AC/heat never worked. We ran a sports... View More

N'kia (NLN)
N'kia (NLN)
answered on Mar 25, 2023

Juror complaints can hint at something bad, but they can also just be complaints. But it is absolutely crucial to file for appeal before the deadline passes, as failure to meet an appeal deadline is considered a complete waiver of the right to appeal later.

[As a side note, generally...
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1 Answer | Asked in Appeals / Appellate Law and Civil Rights for North Carolina on
Q: If I think the jury was prejudice in a civil trial, can I appeal it?

Our landlord never fixed anything in the building we were renting for our business and we couldn't open. Back at Covid, he told us not to worry about rent "until we were up and going". The roof was leaking and ruining the carpet with mold and the AC/heat never worked. We ran a sports... View More

Charles William Michaels
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Charles William Michaels
answered on Mar 1, 2023

First, I am not a North Carolina lawyer. But if you think the civil jury was prejudiced, you possibly could appeal that ONLY IF you or your trial counsel made an objection to the makeup or composition of the jury AND the trial judge overruled that objection. The appeal process is usually focused on... View More

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