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Questions Answered by Bill Powers
1 Answer | Asked in Traffic Tickets for North Carolina on
Q: Was buying a car had it insured used my tags to test drive the car from my other car was in accident got fictiactious ta

The car was totled and since then i bought another car with new tags.. Will it be dismissed?

Bill Powers
Bill Powers 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 the claim...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: Hello. On the 4th of July I went to a railroad bridge to jump off and swim. What is the normal punishment for this type

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?

Bill Powers
Bill Powers 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 things like...
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2 Answers | Asked in Car Accidents for North Carolina on
Q: Failure to yield right of way while making a left turn to a car engaged in an unlawful maneuver. Is this negligence?

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?

Bill Powers
Bill Powers 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 several...
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2 Answers | Asked in Criminal Law for North Carolina on
Q: Under new NC expungement laws is a deferred prosecution considered a dismissal ? And can I get it expunged ?

1 prior expungement

Bill Powers
Bill Powers 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...
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2 Answers | Asked in Car Accidents for North Carolina on
Q: What are requirements for a malpractice suite?
Bill Powers
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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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