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North Carolina Criminal Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for North Carolina on
Q: Motion for Appropriate Relief due to mental capacity and new evidence

I am seeking to file a Motion for Appropriate Relief in North Carolina. I want to bring the judgment on my case to trial because at the time of the plea agreement, I was not on my mental health medication and did not understand the agreement. I have new evidence in the form of a letter stating... View More

James L. Arrasmith
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answered on Apr 12, 2025

To file a Motion for Appropriate Relief in North Carolina, you will need to show that your plea agreement was entered into under circumstances that violated your rights. Since you were not on your mental health medication at the time and did not fully understand the plea, you may have grounds to... View More

1 Answer | Asked in Criminal Law, Animal / Dog Law, DUI / DWI and Personal Injury for North Carolina on
Q: Can an intentional car crash with a dog inside lead to an animal cruelty charge in NC?

My mom crashed her car intentionally with a dog inside while under the influence, attempting to kill herself. The crash was not reported, and I don't know if the dog is hurt. We were informed by her over the phone, making us witnesses, though no one saw the incident directly. Could this... View More

James L. Arrasmith
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answered on Apr 12, 2025

I'm really sorry you're dealing with something this heavy—it sounds like a deeply painful and complicated situation. If your mom intentionally crashed the car while under the influence and a dog was inside, it *could* be considered animal cruelty under North Carolina law. In this state,... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: Charged with possession of Suboxone left by a friend with prescription.

I was charged with possession of Suboxone that my friend had left in my purse. I've never had a drug charge before, and I was aware the drugs were in my purse, but we both forgot about it. The drugs were prescribed to my friend, and she has stated that she will inform the court about her... View More

James L. Arrasmith
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answered on Apr 12, 2025

To address the charge of possession, the first step is to consult with an attorney to discuss your options. Even though your friend has a prescription for the Suboxone, possession laws typically don’t allow individuals to have prescription medication unless it’s prescribed directly to them.... View More

1 Answer | Asked in Criminal Law and Domestic Violence for North Carolina on
Q: How can I restore my gun rights in NC with past misdemeanors and a 50B order?

I want to have my gun rights restored in North Carolina. I'm not a felon, but I do have misdemeanors that occurred over 20 years ago and a 50B order from around 2013. What steps do I need to take to restore my gun rights, considering these past legal issues?

James L. Arrasmith
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answered on Apr 12, 2025

Restoring your gun rights in North Carolina can be a complex process, especially with a history of misdemeanors and a 50B order. First, you'll need to understand that while you're not a felon, certain domestic violence convictions or orders can still affect your ability to possess... View More

Q: Friend in NC held 6 months without seeing judge or bail, needs legal help.

My friend has been incarcerated for 6 months in North Carolina, facing charges of attempted murder. He has been assigned a public defender, whom he's only seen once. Despite repeated calls to the lawyer's office, there has been no response. My friend hasn't received any bail since he... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation with your friend in North Carolina sounds incredibly difficult and frustrating. When someone is held for such a long time without proper legal representation or a bail hearing, there are several steps you might consider taking.

You could help your friend file a formal...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: Can my 23-year-old boyfriend get in trouble for dating me, a 17-year-old?

I'm currently 17 and dating my 23-year-old boyfriend. We've been in a relationship for five months, and my parents are supportive. I'm concerned about whether he could face any legal trouble due to our age difference, especially as I will turn 18 in June. We're not involved in... View More

James L. Arrasmith
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answered on Apr 13, 2025

In most places, relationships between consenting adults and individuals who are close in age are not illegal, but there are important legal factors to consider. In some states, laws regarding age of consent can affect whether an adult partner faces legal consequences. In Georgia, for example, the... View More

2 Answers | Asked in Divorce, Elder Law and Criminal Law for North Carolina on
Q: What legal actions can protect an elderly man whose wife is married to someone else?

An elderly man married a woman 13 years younger who has allegedly used him and spent his money. He is unaware that she is still married to another man in a different state. His family has hired a private investigator due to her alienating behavior and other red flags. What legal actions can be... View More

Ethan A. Trice
Ethan A. Trice
answered on Mar 20, 2025

There is a lot to unpack there. Firstly, he didn't marry anyone. If she was married to someone else when she "married" that elderly man, the marriage to the elderly man is void (bigamy is illegal in NC).

Secondly, if she abused his funds, she could be guilty of a felony...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: Charged with assault with a deadly weapon, but didn't witness it

I have been charged with assault with a deadly weapon with intent to kill in North Carolina, but I did not witness the assault as it happened. The police have charged both me and the person who actually committed the assault. I have not turned myself in yet, and I have no prior assault charges on... View More

James L. Arrasmith
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answered on Apr 13, 2025

The first step you should take is to consult with a lawyer as soon as possible. Given the seriousness of the charge, having legal representation will help ensure that your rights are protected and that you understand your options moving forward. A lawyer can help you evaluate the strength of the... View More

1 Answer | Asked in Animal / Dog Law, Criminal Law and Personal Injury for North Carolina on
Q: Guest shot my dog intentionally; what legal actions can I take?

I had a guest staying in my home who, while handling a pistol, failed to clear it properly and then deliberately aimed and shot my dog, resulting in the dog's death. He showed no remorse afterwards. He was drinking beer at the time, and my spouse witnessed the incident. I believe the act was... View More

James L. Arrasmith
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answered on Apr 13, 2025

The first step is to report the incident to the police, as this involves potential criminal behavior, including animal cruelty and reckless behavior with a firearm. If you believe the act was intentional, it may qualify as an assault on your property or an animal cruelty charge, which could lead to... View More

1 Answer | Asked in Domestic Violence and Criminal Law for North Carolina on
Q: Domestic violence charge, right not to testify?

I was charged with domestic violence along with my boyfriend, who I lived with at the time. It's our first time being involved with law enforcement, but we've had domestic issues twice before that caused a temporary breakup. We are not married. Do we have the right not to testify against... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on principles of testimonial privilege in domestic violence cases, unmarried couples generally do not have the legal right to refuse to testify against each other. The spousal privilege, which allows married individuals to decline testifying against their spouse in certain circumstances, does... View More

1 Answer | Asked in Civil Rights and Criminal Law for North Carolina on
Q: Is waiting to date someone until they turn 18 considered illegal or grooming?

I am 19 years old and have known a girl since January of this year. We are friends until she turns 18, at which point I intend to start dating her. We don't live in the same area but are both within the US. Is waiting for her to turn 18 considered illegal or grooming?

James L. Arrasmith
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answered on Mar 24, 2025

The legality of relationships involving minors varies by state, with each having different laws about age of consent and close-age exemptions. While waiting until someone turns 18 before dating them isn't automatically illegal, what matters is how you interact with them before that birthday.... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: Can I end my probation early after paying off the amount due?

I'm currently on probation due to a financial obligation. I've paid off the amount due but still have five months left on probation. The conditions only require payments and monthly check-ins, and I have complied with these by providing receipts and submitting all check-ins online.... View More

Raymond Allen Hayes II
Raymond Allen Hayes II
answered on Mar 10, 2025

You can certainly hire a lawyer in your county to file for a modification of the terms of probation to either terminate (which probation officers usually want if you're otherwise in full compliance with the original judgment) or to transfer you to unsupervised probation. If the judge... View More

1 Answer | Asked in Civil Litigation and Criminal Law for North Carolina on
Q: Why are all caps used in legal document headings but not throughout?

Why is it that in legal documents, such as civil or criminal cases, a person's name is only in all capital letters in the heading for clarity, but throughout the rest of the document, only the first initials of the names are capitalized?

Tim Akpinar
Tim Akpinar
answered on Mar 27, 2025

A North Carolina attorney could advise best, but your question remains open for a month. A major reason is to make the document readily identifiable from its caption. Many jurisdictions use this practice in legal pleadings. With digital systems used today, they'll retrieve a case without... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: Will records of my plea exist after dismissal in NC?

I had a criminal case dismissed in North Carolina 8 years ago. Will there be any documentation or records of my plea from that case, and are there any considerations I should be aware of regarding the record?

Raymond Allen Hayes II
Raymond Allen Hayes II
answered on Mar 10, 2025

Given that you said after your "plea" but that it was "dismissed" I presume you got a deferred prosecution or conditional discharge in which you pled to an offense and then were on probation for a period of time and after you complied they dismissed the charge(s). If so, the... View More

1 Answer | Asked in Criminal Law, Car Accidents and DUI / DWI for North Carolina on
Q: Charged with Felony Serious Injury by Vehicle with DUI in NC, need new lawyer.

I am facing a charge of Felony Serious Injury by Vehicle in North Carolina after a car accident in which the person I crashed into fractured both of her wrists. The incident involved DUI on my part, but I don't believe the injuries warrant such a serious charge. I am not satisfied with my... View More

John D. Pritchard
John D. Pritchard
answered on Mar 2, 2025

That's bizarre. Many people get court-appointed lawyers at first and then hire their own counsel once they have time to raise funds to do so. I'm not sure why any attorney who wants to make money would hesitate to talk to someone represented by a court-appointed one.

That said,...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: How many public defenders can withdraw from a case

I've had 5 different public defenders I feel like my representation has been compromised. And I have became concerned about the quality of my defense

John D. Pritchard
John D. Pritchard
answered on Mar 2, 2025

That's a lot, but there is no firm number.

Why are they withdrawing? If it is because they discover a conflict once involved, they are doing the proper thing. Finding conflicts isn't uncommon especially if it is a complicated case with a lot of potential names/targets. You see...
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1 Answer | Asked in Criminal Law, Civil Rights, Securities Law and Sexual Harassment for North Carolina on
Q: Can a misdemeanor sex offender with no priors able to buy a gun privately

Was originally charged with indecent liberties with a child but pled guilty to misdemeanor sexual battery in NC. Ten years is almost up to petition to come off the registry. No other priors no felonies

James L. Arrasmith
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answered on Feb 9, 2025

Gun laws can be complex, and your ability to purchase a firearm, even through a private sale, depends on both federal and state regulations. Under federal law, a misdemeanor sex offense does not automatically prohibit you from buying a gun unless it falls under the Lautenberg Amendment, which... View More

1 Answer | Asked in Criminal Law and Constitutional Law for North Carolina on
Q: Can a Detective be charged for releasing DNA evidence to someone not involved in a active investigation.
James L. Arrasmith
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answered on Jan 27, 2025

If a detective releases DNA evidence to someone who is not involved in an active investigation, they could face legal consequences depending on the circumstances. DNA evidence is typically considered sensitive and confidential, protected by both privacy laws and legal protocols. Sharing such... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Domestic Violence for North Carolina on
Q: If an attorney from a specific law firm represents you, can a different attorney represent a defendant who assaulted you

Owner/Senior Partner of firm was my representative. His nephew is an attorney within that firm who is representing a male who assaulted me (female).

James L. Arrasmith
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answered on Jan 21, 2025

If an attorney from a law firm has already represented you, it may create a conflict of interest for another attorney from the same firm to represent someone whose interests are directly opposed to yours, such as someone accused of assaulting you. Law firms are generally expected to maintain... View More

1 Answer | Asked in Criminal Law and Internet Law for North Carolina on
Q: I have been scammed on the internet over crypto shares by a company what type of lawyer should I hire?
James L. Arrasmith
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answered on Feb 9, 2025

You need a lawyer with experience in fraud, financial crimes, and cryptocurrency disputes. A fraud attorney or a financial litigation lawyer would be a good choice because they handle cases involving scams, deceptive practices, and misrepresentation. Since cryptocurrency is a relatively new and... View More

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