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North Carolina Constitutional Law Questions & Answers
0 Answers | Asked in Family Law, Civil Rights and Constitutional Law for North Carolina on
Q: Grounds 2 dismiss a CPS case. Violation of rights and no evidence shown 2 start the case. I need someone 2 speak 4 us!!

Started from infant birth screening positive 4 amphetamines. Not saying there's no test but I've never been shown the actual results that started the nightmare. Told if kids test negative then they come home. They haven't yet! And it was negative! Sent all court papers to someone... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: A friend of mine overdose I call for help and the police seize our phones without a warrant can they do that

A friend of mine overdoses I call for help the police come search the car find some stuff no more than a gram of herion in her purse and then seized both of our phones without a warrant

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 11, 2023

In certain situations, police may have the authority to seize a person's phone without a warrant if they have probable cause to believe that the phone contains evidence of a crime. However, the legality of the seizure would depend on the specific circumstances of the case. It is recommended... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: If an officer has a person’s information and harasses said person, is there a legal basis to sue the the city/officer?

Officer received information from the individual during a trespassing warning at a city park after dusk. Harassing (ie. Pulling over vehicles repeatedly, following /starring intensely at person during community event where person is with family, and stoping/following person while walking with... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 2, 2023

It may be possible to pursue legal action against the city and/or officer if there is evidence of harassment and a violation of the person's civil rights. This could include claims of excessive force, false arrest, or unlawful search and seizure. However, the specific circumstances of the... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for North Carolina on
Q: is this a violation of my 6th amendment rights

judge never offered or gave me a chance to find me a lawyer and forced me to go to trial on my first apperance

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 2, 2023

It is possible that the judge's actions could be a violation of your 6th Amendment rights, which include the right to counsel. The Supreme Court has held that criminal defendants have a right to counsel at all critical stages of the criminal justice process, including the initial appearance... 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.

2 Answers | Asked in Consumer Law, Admiralty / Maritime and Constitutional Law for North Carolina on
Q: In N.C. , I have a judgement entered against me for a renewal for unpaid personal loan from 1995,

original judgement was 6-04-01, first renewal was 09-23-11, was just curious is that outside the statute of 10 years to get renewal, and latest paper work only shows date of sept 2011 no mention of previous date, amount of loan was approx $3000

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 12, 2021

If the second lawsuit to collect on the unpaid judgment was filed on or before June 4, 2011 (10 years from the date the first judgment was signed), it does not matter that the second judgment was not entered until July 23, 2011. By the way, they can only renew once. The second judgment entered... Read more »

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1 Answer | Asked in Constitutional Law for North Carolina on
Q: Why did the Supreme Court not get the question as to whether or not a former official may be impeached?
Ben Corcoran
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Ben Corcoran
answered on Feb 15, 2021

They do not automatically review any legal question. It first must be properly brought before them. Had Trump been convicted, they would have likely heard this challenge, but they will not step in to answer it since he was not.

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Legal Malpractice for North Carolina on
Q: Should this Judge have recused himself?

At the time of the hearing, I was not aware that the judge's cousin is family with the plaintiff's wife. The plaintiff is the father our child and his wife is the stepmother. The judge gave primary custody to the father. Essentially, I filed 3 DSS investigations after my daughter... Read more »

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson
answered on Nov 11, 2020

Based on the limited information you provided, I would say - likely not. If you represented yourself, that alone more than anything else is likely the reason the case turned out the way that it did. If you had an attorney, you should be asking your question of your attorney. If you did represent... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for North Carolina on
Q: is it illegal to burn a American flag
Ben Corcoran
PREMIUM
Ben Corcoran
answered on Sep 24, 2020

When done as a form of protest it is considered free speech and to be a political activity, so it is protected by the constitution.

It is also the preferred method for disposing of a flag that has is no longer serviceable, the difference being that it is supposed to be done reverently.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on
Q: A 4m old was taking by cps and officers the 1hr they knew the mother of the child wouldn’t be home.

Mother and child were made to leave their home and stay with grandparents. After cps told them they were doing so good and getting a new worker. Later came by and removed us. Parents had passed all drug screens. Accuse of DV. Even though father left to avoid a simple argument like they told him to... Read more »

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson
answered on May 9, 2019

This is essentially what often happens when you let DSS into your business and cooperate with them. DSS is so bad that often your best bet is to simply leave the state with the child as soon as you get wind of them sniffing around. However, in your case that ship has sailed long ago. Now that... Read more »

1 Answer | Asked in Adoption, Appeals / Appellate Law, Constitutional Law and Education Law for North Carolina on
Q: How long did it take you to become a lawyer?

specifically, how long you were in school and what classes you took.

Tim Akpinar
Tim Akpinar
answered on Apr 24, 2019

It's generally 3 years full-time, or 4 years part-time at night. Some schools have accelerated programs. Depending on the institution, you take mandatory core courses that generally include contracts, torts, constitutional law, property law, criminal law, wills/trusts, legal writing,... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for North Carolina on
Q: How do i go about seeking benefits on possible lost property in my bloodline in Tarboro NC fromthe Parker bloodline
Tim Akpinar
Tim Akpinar
answered on Apr 17, 2019

As a starting point, you could contact the North Carolina Department of State Treasurer to see if they have records of unclaimed property in your family name.

Tim Akpinar

1 Answer | Asked in Civil Rights and Constitutional Law for North Carolina on
Q: If I throw a flyer with a binder clip attached to it at the end of a houses driveway is it littering?

It has a list of services we offer and a coupon on it

Tim Akpinar
Tim Akpinar
answered on Apr 6, 2019

This could depend on local rules. In addition to state and city environmental control board regs, some townships and villages have looked into measures to ban or control unsolicited flyers, coupon paks, etc.

Tim Akpinar

Q: Is our court actually considered a tribunal as in Admiralty law. The judge, DA and the prosecutor?

As a sovereign we have the jurisdiction over the land of the United States of America. What is the difference between a STRAWMAN and a Human Being.

Tim Akpinar
Tim Akpinar
answered on Feb 16, 2019

People use the terms loosely, but U.S. Constitution grants U.S. Courts authority to hear admiralty cases in Section 2 of Article III. In terms of maritime prosecutions, it is common for them to sometimes be handled jointly between the U.S. Department of Justice and U.S. Coast Guard, depending on... Read more »

1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for North Carolina on
Q: Can I stand on a median or freeway exit a with sign?

I would like to know a section code or ordinance that makes panhandling illegal which is protected by the 1st amendment

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson
answered on Dec 6, 2018

This is the first amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for North Carolina on
Q: The cops came to my house looking for brother asking a statement for

The cops came to my house looking for brother asking a statement from him. They said they dont have a warrant but if he doesnt talk to them they will get one. This is about a shooting. What are his rights (hes 17) ? Is this a trick to take him to jail?

Bill Powers
PREMIUM
Bill Powers
answered on May 23, 2018

Lawyer up. They can't get a warrant to force a statement. They can get a Warrant for Arrest, if there is probable cause and it's issued by a proper judicial official. They may also get a Search Warrant, again with proper grounds (normally via oath or affidavit) to search for something.... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for North Carolina on
Q: Has anyone ever used challenging jurisdiction of any officer under constitutional rule for complete dismissal?
Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson
answered on Apr 2, 2018

Yeah, Pro Se's who don't know what they are doing try this from time to time and it generates a decent chuckle in the Courtroom. Any officer can stop a driver anywhere, so even if you were successful in challenging the stopping officer's jurisdiction what do you think is gonna... Read more »

2 Answers | Asked in Constitutional Law, Criminal Law and Federal Crimes for North Carolina on
Q: I just found out that a police report from 9 years ago says that I have a warrant for my arrest!

I recently got a copy of a police report dated back in 2009, but it states that a "warrant would be issued." I dont know why the police wrote that on there! In 2009, I called the police for domestic violence and they claimed that I lied when I didn't. They took me to the police... Read more »

Bill Powers
PREMIUM
Bill Powers
answered on Mar 8, 2018

BEST to talk to an experienced Criminal Defense Lawyer where the Warrant for Arrest has been issued.

These things tend to be a bit complicated.

Many, if not most, defense lawyers in NC give free advice to start. We call that a free, confidential consultation.

GREAT QUESTION...
Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for North Carolina on
Q: Can a police officer write me citation for driving on revoked even if he did not pull me over.?

He was at the motel I reside at picking up someone with warrants and seen me drive around the parking lot and park. I went down to front desk an hour after me parking the car and he came in and wrote me a dwlr ticket

Bill Powers
PREMIUM
Bill Powers
answered on Feb 6, 2018

GREAT QUESTION - We've seen this happen in the past, although it involved a law enforcement officer whom was basically a neighbor and regularly checked DMV records.

While a citation may be written, that does NOT necessarily mean it can be proven in court.

Makes sense to talk...
Read more »

1 Answer | Asked in Constitutional Law, Family Law and Probate for North Carolina on
Q: If my father is legally separated and has been for 6 months and he passes away who is the rightful heir of his property?
Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson
answered on Nov 20, 2017

Legally separated is a misnomer. In NC, one is simply either separated or they are not. Mere separation has no impact on how the estate will be disbursed. So it depends on what his separation agreement and will say. If no formal separation agreement or will - likely his spouse will inherit.

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