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... View More 
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... View More
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... View More
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.
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... View More
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... View More
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... View More
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... View More
Also what if one of the parties wanted revenge and threatened to post them, without consent. Can they get in trouble?
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... View More
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... View More
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... View More
Being 16 at the time I sent them?
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... View More
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:... View More
answered on Jul 9, 2018
GREAT QUESTION.
For a more complete answer, check out: https://www.carolinaattorneys.com/how-much-does-a-dui-cost-over-10-years.html
It’s pretty safe to assume that if you’re CONVICTED of driving while impaired, your rates are going to skyrocket. But there is more to it than... View More
answered on Jul 8, 2018
Yes. The bar or nightclub is likely protected by the 1st Amendment of the United States Constitution.
BUT, that doesn't mean there couldn't be some other "comeuppance."
If the ABC permitted business provides that information, knowing it is over-serving its... View More
Is my insurance going to go way up?
answered on Jun 29, 2018
GREAT QUESTION
Given your age, probably best to have your parent/guardian handle the issue.
A LOT depends on the damage(s), if any.
There are special considerations for provisional licensees. Your parent/guardian may wish to also speak with an attorney.
Bill... View More
my sisters name is being used illegally in Charlotte, North Carolina. we need help in dismissing the case, and demand strict proof of such accusations. i need help to clear her name and countersue for pain and suffering, along with the damages this has caused my sister and our entire family.
answered on Jun 29, 2018
GREAT QUESTION
Unfortunately, Power of Attorney does not authorize someone to stand in their shoes, at least as it comes to defending criminal charges.
Bill Powers
Charlotte Criminal Defense Lawyer
CarolinaAttorneys.com
answered on Jun 22, 2018
Retain legal counsel. Crimes of theft or "dishonesty" carry long-term consequences. It can make it hard, if not impossible, to find and keep a good job.
My former law partner Chris McCartan is in Cabarrus County. He's an excellent lawyer and super nice guy.
Bill... View More
the lawyer filed a demand letter to the insurance company and now he is wanting to charge $1,600 just to sue the other party that caused the accident in the first place
answered on Jun 21, 2018
Probably best to ask the lawyer. There are times when a pure contingency fee doesn't make sense.
One would have to think the lawyer gave the reasons / reasoning.
Talk to your lawyer.
bill
answered on Jun 14, 2018
GREAT QUESTION!
If that's part of a "conditional restoration," DMV isn't going to budge on that. There is no loophole.
See: https://www.ncleg.net/gascripts/statutes/statutelookup.pl?statute=20-19
(e1) Notwithstanding subsection (e) of this... View More
answered on Jun 14, 2018
GREAT QUESTION. The long-term consequences for a "Willful Refusal" can be substantial under the NC DWI laws.
Refusing breath or blood tests as part of a DWI investigation may result in the loss or suspension of your license, without any form of "hardship" or... View More
Will I get in trouble because I lied ?
When I was 16 I was dating a guy that was a few years older than me , my parents found out about the relationship and went to cops about it . I Lied and said I was talking to him before I was 16 and that wasn’t the truth, he ended up going to jail. I... View More
answered on Jun 14, 2018
First, I must say it took guts to write this inquiry. We all make mistakes, especially when we're young, not fully understanding the consequences or how our actions can terribly hurt others.
Second, given the nature and type of the inquiry, one would have to assume we're... View More
answered on Jun 6, 2018
Now that is a REALLY good question. You get a gold star for "stumping the lawyer," or at least this lawyer.
Normally an improper equipment relates to SPEEDING charges, as the "improper equipment" is referenced (tangentially) in that statute, see subsection "o"... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
