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Questions Answered by Bill Powers

2 Answers | Asked in Car Accidents for North Carolina on

Q: What are requirements for a malpractice suite?

Bill Powers answered on Aug 6, 2018

Depends on the type of case. In North Carolina, there are VERY STRICT filing requirements and deadlines for claims of Medical Negligence.

Introduction to Rule 9(j). In 1995, the North Carolina General Assembly created Rule 9(j) of the North Carolina Rules of Civil Procedure to require...
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1 Answer | Asked in Criminal Law for North Carolina on

Q: Can a police officer issue a citation later after not charging initially?

My grandson just got stopped walking a block to someone's house in the neighborhood where he is staying while going to college. A police office stopped him and found a small amount of weed. He told my grandson that he would not charge him if we would possibly be an informant. This is really... Read more »

Bill Powers answered on Aug 6, 2018

Good question.

1. Informing is DANGEROUS; and,

2. A citation may still be issued, but that doesn't necessarily mean they can still prove the case.

One would necessarily need to know what, if any evidence was seized and kept as evidence.

Put simply, it's...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for North Carolina on

Q: I have 2 misdemeanors that I need to get expunged both took place in Elizabeth City, North Carolina.

Both charges occurred in

City:Elizabeth City, State:NC

I currently live in Las Vegas , Nv

#1 Offense Date: 5/7/11 ( age:19)

Conviction Date:9/29/11- POSSESS SCHEDULE VI (PRINCIPAL) MISD.CLASS 3 MISDEMEANOR SS. Was on probation but Served 10 days in jail... Read more »

Bill Powers answered on Aug 6, 2018

Thanks for your inquiry.

We normally take a look at the official record before we comment on availability. That's because sometimes things are different in the official record than people understand or recall.

Danny Glover is Elizabeth City is excellent. Here's his contact info:...
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2 Answers | Asked in Traffic Tickets for North Carolina on

Q: Can a parent represent a child for ticket if child lives out of state? (Got ticket for expired tag, driving parents car)

Her dad would like to represent her(she is 20, lives in Oregon) because he did not realize that his tag was expired and sent her to run errands for him when she was visiting earlier this year. He wants to represent her 1) because she lives in Oregon and 2) because he feels like it's his fault since... Read more »

Bill Powers answered on Aug 6, 2018

GREAT QUESTION

Unless dad is a lawyer, no, he can't "represent" his daughter. That's true whether is a serious felony or misdemeanor, just as much as a minor traffic citation.

Probably the best thing to do, given the out-of-state issue, is to hire a local attorney to handle the...
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1 Answer | Asked in Criminal Law, Employment Law and Federal Crimes for North Carolina on

Q: Can I be charged for warning a coworker not to eat at a fastfood restuarant because someone working there has hiv?

I learned of this person hiv status at a previous job 4 years previous.

Bill Powers answered on Aug 1, 2018

1. You don't get HIV that way; and,

2. Talking about someone with HIV isn't a criminal offense in NC; and,

3. Check out: https://www.avert.org/hiv-transmission-prevention/how-you-get-hiv

No incident of food being contaminated with HIV-infected blood or semen has been...
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1 Answer | Asked in Criminal Law for North Carolina on

Q: I have an OFA for FTA (misdemeanor) from 1998 will statute of limitations apply?

The fta was for possession of up to 1/2 oz and underage possession of alcohol. I was 17, and moved away from the area was only informed of the OFA today.

Bill Powers answered on Jul 30, 2018

GREAT QUESTION

There is an interesting case currently pending in the NC Supreme Court regarding the State obtaining indictments within a certain period of time, even on misdemeanor cases (North Carolina v. Turner)

Normally a Failure to Appear FTA resulting in an Order for Arrest...
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1 Answer | Asked in Criminal Law for North Carolina on

Q: Ex bf stole tags will he get arrested driving on no insurance an my tags and his license revoked

The boyfriend who is the father of my child stole my tags and has been driving on them I had to leave because I was afraid of him and I’m not home now he kicked me out of my apt and he’s driving on no insurance license revoked an my tags will he be arrested and sent to jail if pulled over

Bill Powers answered on Jul 29, 2018

Maybe. If the tags have been reported as stolen, that's a possibility; although, depending on the basis of the license suspension, certain DWLR charges may result in an arrest (DWLR Imp Rev) for example.

Here's more info on Driving While License Revoked in North Carolina:...
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2 Answers | Asked in Traffic Tickets for North Carolina on

Q: What are traffic laws in regards to dropping off passengers on the side of the road on the sidewalk/curb.

I was approached by an officer after letting out passengers on the side of the road when I pulled over. He stated that I could be given a ticket for impeding traffic. Just need some help with how to approach dropping off passengers in the future and what is and isn’t allowed. I live in North... Read more »

Bill Powers answered on Jul 29, 2018

GREAT QUESTION

The officer is right. Under the NC Traffic Laws, there is no legal right to stop in the roadway to let off passengers. It is impeding traffic.

As such, the legal (and safe) thing to do is pull into a parking lot or out of the roadway to drop off passengers....
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for North Carolina on

Q: What if the court of appeals reversed the superior courts decision . Whats the next step.

Bill Powers answered on Jul 23, 2018

GREAT QUESTION

In large measure, it depends on what the Court of Appeals Orders. It may send it back to the Superior Court (or District Court if a Family Law legal matter) for further findings. It may result in a re-trial. It could result in the imposition of a Judgment and it could end...
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1 Answer | Asked in Civil Litigation and Criminal Law for North Carolina on

Q: Drug charges were dismissed against my husband but he received an unauthorized substance tax assessment. What is this?

Bill Powers answered on Jul 23, 2018

As odd as it may sound, it's likely a bill from the State (or Feds) for the "tax value" of the drugs.

I'm not defending the law, I'm just explaining it. I've never quite understood how they can tax an illegal substance. I guess the same logic applies to taxes corn liquor.

In any...
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1 Answer | Asked in DUI / DWI for North Carolina on

Q: I got a DUI this week in North Carolina. Are 2 previous DUIs 26 and 31 years ago going to be held against me?

Bill Powers answered on Jul 21, 2018

GREAT QUESTION

Prior convictions of Driving While Impaired (DWI) or what would otherwise be deemed a prior conviction under the NC DWI laws MAY be considered by the Court in sentencing. Convictions entered more than seven (7) years from the current offense date may be deemed Aggravating...
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1 Answer | Asked in Criminal Law for North Carolina on

Q: How long do police have to issue a criminal summons? Why would they not arrest me if I admitted guilt?

I met police for a voluntary interview about a stolen iPhone &credit cards. I worked in Walgreens &found them in the bathroom& used the card&sold the phone. I was honest with them&they verified my story with corresponding evidence. I told them where I sold the phone& that I attempted to retrieve it... Read more »

Bill Powers answered on Jul 21, 2018

There are a LOT of different reasons, at least in North Carolina. It might be as simple as the normal process of gathering information (and evidence) as part of a criminal investigation.

It also could be due to a procedural process mandated by the prosecutor's office and local protocols....
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2 Answers | Asked in Criminal Law and Family Law for North Carolina on

Q: Looking to personally sue someone.

I would like to know if it is illegal to dna test a 6 month old baby without the mother’s written consent. Considering the person who tested the child is not on the birth certificate and has no legal guardianship to that child.

Bill Powers answered on Jul 21, 2018

That question, like most legal issues involving Family Law, requires more information and a careful consideration of law, past Orders of the Court, custody agreements, etc.

One would necessarily know:

Is there an existing Court Order or Child Placement protocol?

Is there...
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2 Answers | Asked in Traffic Tickets for North Carolina on

Q: I was speeding and an officer turned around to come pull me over, Instead of pulling over I tried to get away...

I’m 17 years old and I made a huge mistake.

I tried to escape by entering a community and losing him, I did, but shortly after was pulled over, when he found me back on the main road I stopped immediately. He pulled me over, made my friend get in the drivers seat and drive down the road... Read more »

Bill Powers answered on Jul 21, 2018

You REALLY, REALLY need to retain legal counsel. Going it alone in court would be a tremendous mistake.

Check out the link below: How Important is Good Legal Advice:

https://www.carolinaattorneys.com/blog/how-important-is-good-legal-advice-2/

Making mistakes is part of...
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1 Answer | Asked in DUI / DWI for North Carolina on

Q: Do you have to go to residential rehab for a DUI?

Bill Powers answered on Jul 17, 2018

GREAT QUESTION

Residential rehabilitation may or may not be required as part of a DWI judgment in North Carolina. It can be recommended by an Assessing Agency and thereafter made part of the Court Order.

It MAY also be a way to avoid some, if not all, active jail time for Driving...
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1 Answer | Asked in Criminal Law and Sexual Harassment for North Carolina on

Q: Is it illegal for an 18 year old to send naked pics to a 19 year old?

Also what if one of the parties wanted revenge and threatened to post them, without consent. Can they get in trouble?

Bill Powers answered on Jul 17, 2018

This appears to be a duplicate inquiry. Generally, an important inquiry is to determine whether the pictures are of a MINOR.

Sexting is a term used to describe the sending or receiving of sexually explicit messages, including images and videos, through devices such as cell phones. In...
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1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on

Q: if you get something expunged, does it still show on your record on a background check?

Bill Powers answered on Jul 17, 2018

GREAT QUESTION

The laws in North Carolina regarding expunction of dismissed charges has recently and substantially changed. Prior exceptions and limitations have been modified, allowing multiple expunctions for certain charges and extended time periods. There are still important...
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1 Answer | Asked in Criminal Law for North Carolina on

Q: I threw away a fake foreign international passport someone did for me and the police found it. Would i be charged?

Bill Powers answered on Jul 17, 2018

If the police "found it," one would have to assume they're in the process of making inquiries. That may include a referral to the Federal Authorities.

Put simply, it's a BIG DEAL to have a fraudulent passport, international or otherwise. And yes, law enforcement on both federal and state...
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1 Answer | Asked in Criminal Law and Sexual Harassment for North Carolina on

Q: If an ex bf and I are over 18 and he threatens to post naked pictures of me as revenge can I get in trouble for

Being 16 at the time I sent them?

Bill Powers answered on Jul 16, 2018

That is a VERY tricky area under the law. The inquiry is complicated because posting the materials could possibly trigger:

1. G.S. 14-190.5A

A person guilty of this offense:

(1) knowingly

(2) discloses an image of another person

(3) with the intent to...
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1 Answer | Asked in Criminal Law for North Carolina on

Q: What does a BOND MOTION 15A-951 charge mean?

Bill Powers answered on Jul 9, 2018

Not sure I understand the question. Chapter 15A-951 normally refers to a general Motions practice and how they're filed. One would necessarily want some more information re: who filed the motion and for what purpose.

See:...
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