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Questions Answered by Nick Benjamin
1 Answer | Asked in Appeals / Appellate Law, Criminal Law and DUI / DWI for North Carolina on
Q: In North Carolina does the state have the right to appeal a DWI case to Superior Court.

District Judge dismissed and suppressed the arrest of a DWI case because arresting officer violated defends 4 amendment rights by arresting defendant inside his home with no probable cause and no search warrant.

Nick Benjamin
Nick Benjamin
answered on Jan 28, 2023

yes, they can appeal if it’s motion to suppress.

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
Nick Benjamin
Nick Benjamin
answered on Jan 23, 2023

If the district attorney allows it, then yes. 95% of the time they will allow it. You may still need to go to court to tell the DA you want it dismissed

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2 Answers | Asked in Criminal Law for North Carolina on
Q: I have a pending case ..I'm currently in drug treatment and my center sent in documentation. Now I dont see my case

My case is not showing up on the docket. I've searched high and low its like It's disappeared. I was told I was indicted but nothing. Is it possible the case was dropped?

Nick Benjamin
Nick Benjamin
answered on Jan 10, 2023

It could mean you missed a court date and have a warrant, or it could mean you were indicted and haven’t been served with the indictment, among other things. Call your lawyer if you have one, or you can possibly call the district attorneys office and they can give you an update, or the clerks... Read more »

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1 Answer | Asked in Personal Injury and Criminal Law for North Carolina on
Q: If someone handed the person the tire iron who they be charged too. And the woman mased me before she hit me in the heed

She split my ear in half. It was all recorded on a ring door bell but they erased it. Can u recover the video

Nick Benjamin
Nick Benjamin
answered on Jan 6, 2023

These are very specific questions, but there’s no background to describe exactly what happened and to whom. You should contact a defense attorney, who can hear the story and give you advice. Most offer free consultations over the phone.

1 Answer | Asked in Criminal Law for North Carolina on
Q: I'm looking for a public defender I only know her first name it's Sara she works in McMinnville tn she is my son's lawye

She is my son's lawyer and I need to speak to her but I don't know her last name thank you she works in McMinnville tn

Nick Benjamin
Nick Benjamin
answered on Dec 27, 2022

You should call the Warren County clerks office - they will be able to tell you her last name and will probably have her contact information as well. 931.473.2373

1 Answer | Asked in Criminal Law for North Carolina on
Q: What does statute 15a-727,733,734 mean and is he getting arrested in court tomorrow

He was arrested in NC for a warrant in Virginia. I made his bail in NC and Tom he has court and these statues are on court calendar. Will he be arrested and sent to va tom in court?

Nick Benjamin
Nick Benjamin
answered on Dec 15, 2022

He has an extradition warrant. Virginia has 90 days to issue a governors warrant for his arrest, otherwise the extradition warrant will be dismissed. If they had issued the governors warrant, he probably would have been served already, but yes there is always a chance that the governors warrant... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: In North Carolina, what court cases would include a firearm or something about the ownership rights using judicial?
Nick Benjamin
Nick Benjamin
answered on Dec 14, 2022

Please rephrase your question and give it context, I’m not sure what you’re asking.

1 Answer | Asked in Criminal Law for North Carolina on
Q: Is there a feasible legal way around missing a court date for a legitimate health or indigent situation?

I am basically homeless nine months pregnant no friends or family where I am missed court and also there are charges. I don’t know what or where they came from. I need help immediately and I don’t have any money or any way to get any. Please help me.

Nick Benjamin
Nick Benjamin
answered on Dec 10, 2022

Being indigent does not make you unable to make your court date. If you have a health reason, such as you were in the hospital, get some paperwork showing that, and bring it to court when it is in session and ask the judge to strike the warrant. Ask for a public defender, and if you already have... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: North Carolina HOUSING/EVICTION/FORECLOSURE/TENANTS Disgruntled neighbor threatening to file criminal charges

Does this person by what I've told you have any legal grounds to take criminal charges on me

Nick Benjamin
Nick Benjamin
answered on Dec 10, 2022

What’s your question?

1 Answer | Asked in Criminal Law and Sexual Harassment for North Carolina on
Q: Is there a limit on time? What happens if reported outside of limitations?

I disclosed to a current employee at the high school I graduated from that a coach had sexual relations with me while I was black out drunk and was a 16 year old student at the school. I graduated in 2013 and was more so looking to have them be cautious/keep an eye out for behavior moving forward.... Read more »

Nick Benjamin
Nick Benjamin
answered on Dec 7, 2022

In NC, there is no statute of limitations for felonies.

1 Answer | Asked in Business Law and Contracts for North Carolina on
Q: Truck driving school in Charlotte NC stole pur money and misrepresented their contract.

My husband went to 160 Drive Academy in Charlotte NC we paid almost $5,000.00 out of pocket. the contact from the school states it is a 4 week class. My husband as been at this school for months and still has not graduated.

And had to pay an extra $1,200.00 dollars to the school. Which is... Read more »

Nick Benjamin
Nick Benjamin
answered on Nov 10, 2022

You will probably get more responses if you post this in a contract or business category - this is not a criminal case as it is categorized.

1 Answer | Asked in Domestic Violence for North Carolina on
Q: I broke a no contact order and I'm the victim. I fell into his trap. However, things have gotten worse.

He got me fired from my job and shows up knocking on my window at night when I tell him not to come over. He talks me into getting a ride to somewhere when he comes over late then always ends up back at my house. We will be good for days then it starts over again. I want him to stay away for good.... Read more »

Nick Benjamin
Nick Benjamin
answered on Nov 9, 2022

Who has the no contact order? Does he have one against you, or do you have one against him? And when you say 'no contact order,' is that a 50B restraining order or is that a pretrial release condition from a criminal charge? You either want contact or you don't - if you don't,... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for North Carolina on
Q: What is domestic assault charges
Nick Benjamin
Nick Benjamin
answered on Nov 9, 2022

Assault charges between individuals who have or had a personal relationship. There are several types, both misdemeanor and felony.

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