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In 2001 I received a DWI while driving through Pasquotank county, NC. I hired a lawyer at the time to represent me because I was overseas still have a copy of the power of attorney, I never heard anything and assumes case was handled. I recently retired and live in Texas and found out the case was... View More
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answered on Aug 24, 2018
GREAT QUESTION
Call that lawyer up and get the file re-activated. They're in the best position to know what happened.
It's possible (although a bit unusual) the matter was handled by waiver, but things like Community Service, Fines, Costs of Court, etc., were never... View More
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answered on Aug 20, 2018
Legal counsel may be the easiest way to proceed, as in many traffic citations, a NC Traffic Attorney may be able to appear on your behalf.
Best bet, retain an experienced attorney in Forsyth County ASAP. Clark Dummit practices up there. Super nice fellow. Please say “hey” if you... View More
My friend and me were at a concert and were given a MIC. Two of us were NOT asked to blow. Two of my others were told to blow, and they did. We were not explained ANYTHING and we are not from North Carolina we don’t know how anything works in NC. We are from SC. AND I’am a half of week from... View More
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answered on Aug 20, 2018
GREAT QUESTION
By “MIC” one would assume the inquiring is referencing an Underage Possession of Alcohol charge. In Charlotte, we have different legal options. It makes sense to speak with an experienced Mecklenburg County Criminal Defense Attorney.
You may benefit from taking... View More
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answered on Aug 13, 2018
GREAT QUESTION
That's certainly interesting. More information would likely be helpful, especially regarding what happened once inside the coin-operated laundry.
Given all the different possibilities, it likely is going to take a longer conversation with a lawyer to review... View More
I went to magistrates office and they told me to just get it taking care of and let me go. will I be arrested at the DMV office getting an ID
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answered on Aug 13, 2018
Good Question
Normally DMV doesn't arrest people for the outstanding process (OFA Order for Arrest or Criminal Summons).
I have heard of cases where they've (DOT/DMV) called law enforcement, especially if someone drove on a revoked license or appears impaired at the DMV... View More
a meth pipe with residue was in my car. they charged me with possession sched 2 and drug paraphernalia. but when i got car out of impound, the pipe was still in it. so if they don't have physical evidence, do they have a case? should i refuse the plea and ask them to produce evidence during trial?
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answered on Aug 10, 2018
GREAT QUESTION
First and foremost, Rockingham NC is still somewhat "small town" NC. Law enforcement, even in Richmond County NC, can and do review internet postings.
So it makes sense to limit public posts Justia or other legal message board, especially regarding very... View More
The car was totled and since then i bought another car with new tags.. Will it be dismissed?
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answered on Aug 10, 2018
Need more info, specially the nature and type of the criminal charges or NC traffic ticket.
IF it involves some sort of "unsafe movement" violation in Orange County NC, there may be legal options available. In Mecklenburg County, we often present proof of insurance coverage for... View More
I got a trespassing on railroad right of way ticket. What will be the normal punishment for this. I have no other previous charges before this. Is there anyway I could get this dropped?
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answered on Aug 9, 2018
GOOD QUESTION
Need more info. Are you asking for info on NC criminal laws?
We've had success in the past obtaining a favorable result with trespassing cases; but, a LOT depends on the nature and circumstances of the offense.
The DA's Office also considers... View More
My husband was hit by a car passing to the right of cars stopped at an intersection on a one lane road as he was making a left turn. He was found to be partially negligent. Does the right of way rule apply to a car engaged in making an unlawful maneuver?
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answered on Aug 7, 2018
That's a bit complicated. More info into the specifics would be helpful and the best way to do that is a formal consultation with Durham County lawyer.
North Carolina is one of the few remaining states in the entire country that still has CONTRIBUTORY NEGLIGENCE. Indeed, there are... View More
1 prior expungement
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answered on Aug 7, 2018
GREAT QUESTION
Deferred prosecution is a methodology of getting a dismissal. One would want to confirm, upon the completion of the program and it's individual requirements, the dismissal is actually entered.
Thereafter, assuming the record is properly updated in the AOC... View More
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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... View More
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... View More
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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,... View More
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... View More
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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... View More
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... View More
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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... View More
I learned of this person hiv status at a previous job 4 years previous.
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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... View More
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.
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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... View More
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
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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:... View More
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... View More
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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.... View More
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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... View More
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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... View More
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