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North Carolina Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for North Carolina on
Q: can a judge tell you that if you dont have an attorney set by such and such date that you have to represent yourself?
T. Augustus Claus
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answered on Jul 18, 2023

In criminal cases, individuals have the right to legal representation, whether it's through a privately hired attorney or a court-appointed attorney if they can't afford one. Now, the timing and specifics can vary, but generally, a judge will encourage you to have legal representation to... View More

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2 Answers | Asked in Criminal Law for North Carolina on
Q: can a judge tell you that if you dont have an attorney set by such and such date that you have to represent yourself?
N'kia (NLN)
N'kia (NLN)
answered on Jul 21, 2023

North Carolina judges often say this to defendants who have previously delayed proceedings based on the fact that they haven't yet hired an attorney to represent them. This is really just a way of saying that the trial is scheduled to move forward on the next court date, regardless of whether... View More

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1 Answer | Asked in 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

T. Augustus Claus
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answered on Jul 11, 2023

Revealing the identity and personal information of a confidential informant by a police officer can potentially be a serious breach of protocol and may have legal implications.

If you believe your identity has been unlawfully disclosed or that you are facing harm as a result, it is...
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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 Criminal Law and Federal Crimes for North Carolina on
Q: I got charged with larceny by employee and conspiracy and apparently they said the price was $53 my1st appearance monday

I’m 22 with a clean record never got in trouble before I just need help to get this stuff reduced

Philip J. Clarke III
Philip J. Clarke III
answered on Apr 10, 2023

Your clean criminal record, particularly at your age... but really at any age, should be one thing you always do everything within your power (that's legal) to protect. Particularly regarding your personal honor and trustworthiness. Unless you plan on winning the lottery or inheriting a... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: Am I looking to o some time if I have 3 class h felonies pending in North Carolina

Felony larceny of motor vehicle felony possess of stolen vehicle and felony obtaining property under false pretense

Philip J. Clarke III
Philip J. Clarke III
answered on Apr 10, 2023

For Class H felonies in NC you could get some active time if convicted of one, even without any prior criminal record. If the circumstances were not terribly bad, and looking at your record does not make the DA think you need to do some time, then this level felony allows for probation even for... 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 Litigation and Criminal Law for North Carolina on
Q: I bought a car a the salesmen forged my name on several documents. What's can I do and is the contact void!

And can I recoup the money I paid in?

N'kia (NLN)
N'kia (NLN)
answered on Mar 31, 2023

You may have civil claims, criminal claims, or both. A civil judge may be able to declare the contract void. A criminal judge may not be able to declare the contract void but may be able to provide other types of relief, like ordering the defendant to pay restitution. However, the best options and... View More

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 and Constitutional Law for North Carolina on
Q: is this a violation of my 6th amendment rights

judge never offered or gave me a chance to find me a lawyer and forced me to go to trial on my first apperance

James L. Arrasmith
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answered on Mar 2, 2023

It is possible that the judge's actions could be a violation of your 6th Amendment rights, which include the right to counsel. The Supreme Court has held that criminal defendants have a right to counsel at all critical stages of the criminal justice process, including the initial appearance... 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 Criminal Law for North Carolina on
Q: If I want to get my boyfriends probation requirements or a no contact order removed what do I need to do exactly?

He doesn't have an attorney and neither do I. I was told to go to the clerks office and apply for a motion but I'm not exactly sure what kind...

And yes the no contact order is with me. It's from 2018 and he currently violated his probation due to me just being at his house.... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2023

You should contact your boyfriend’s attorney.

Usually a third party like you does not have standing to challenge a criminal’s terms of probation. You may, however, provide very useful testimony if your boyfriend wants to remove the no contact order as a condition of his probation...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: Can misdemeanor parole officer violate 1st time offender failing a drug test resulting being incarcerated
Nick Benjamin
Nick Benjamin
answered on Feb 14, 2023

Your question is confusing, but if you are asking if your probation officer can violate you for a failed drug test, and possibly put you in jail, the answer is yes. Same for parole officer. Probation and parole officers can be the same person, but Probation is in lieu of prison and parole is... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: can a 20 year old go to jail if he gets a 17 year old pregnant ?
Christopher A. Beechler
Christopher A. Beechler
answered on Feb 3, 2023

No (usually). The age of consent in NC is 16. However, there are 2 general exceptions.

14-27.32. Sexual activity with a student.

(a) If a defendant, who is a teacher, school administrator, student teacher, school safety officer, or coach, at any age, or who is other school...
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3 Answers | Asked in Criminal Law for North Carolina on
Q: If I took papers out on someone and decided to drop charges can I do that
Philip J. Clarke III
Philip J. Clarke III
answered on Jan 24, 2023

You should talk with someone at the district attorney's office as soon as possible, and let them know your reasons for not wanting to continue with the charges. Various people could be spending time on the case, so the sooner the better

It sounds like maybe you were the victim in a...
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3 Answers | Asked in Criminal Law for North Carolina on
Q: If I took papers out on someone and decided to drop charges can I do that
Philip J. Clarke III
Philip J. Clarke III
answered on Jan 24, 2023

You should talk with someone at the district attorney's office as soon as possible, and let them know your reasons for not wanting to continue with the charges. Various people could be spending time on the case, so the sooner the better

It sounds like maybe you were the victim in a...
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1 Answer | Asked in Criminal Law and Traffic Tickets for North Carolina on
Q: My court date on the paperwork served on me is 03-06-23 but I just received a letter from clerk of court with different

I received a letter from the clerk of court with a different court date what should I do

W. Scott Harkey
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answered on Jan 20, 2023

You should contact the clerk directly to confirm that the date provided on the letter is the correct court date. You should also search for your court date at https://www.nccourts.gov/court-dates to confirm your court date.

2 Answers | Asked in Criminal Law for North Carolina on
Q: can i ask a clerk of court why someone is on probation and terms of their probation
Christopher A. Beechler
Christopher A. Beechler
answered on Jan 20, 2023

Yes. Most criminal files are public records maintained by the clerk of court in any North Carolina County. The clerk's office can provide case specifics about convictions, punishments and probation. You can also pay for a copy of a criminal file.

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2 Answers | Asked in Criminal Law for North Carolina on
Q: can i ask a clerk of court why someone is on probation and terms of their probation
W. Scott Harkey
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answered on Jan 16, 2023

Yes. This is a matter of public record. You can go to the Clerk of Court in the county where the offender was ordered by the court to be placed on probation. The Clerk will be able to look up the individual's name, offense, case disposition, and any other specifics. You can also request a copy... View More

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