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North Carolina Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law and Domestic Violence for North Carolina on
Q: If i have a witness to a case but they cant make it to court can i get them to write it out and sign it and present it

Someone shot at me and they are saying i threatened them but i have a witness saying otherwise but he is in poor health and cant come to court can i get him to write it out and present that to the judge as evidence

0 Answers | Asked in Criminal Law for North Carolina on
Q: Person with 3 consecutive sentences of 9.4 years to 12 yrs since Sept. 00. Date of possible parole per Article 19a?

Does 15.196.2 apply here and if so when would my friend be eligible for parole?

1 Answer | Asked in Civil Rights and Criminal Law for North Carolina on
Q: Hello, I am needing a lawyer to discuss a breach with my home security system being broken thru and someone in my home.

For some time now, I have been having someone/persons entering my home while I am out. I have a security system installed and (they) have been accessing the system. I have a bit of evidence and now I need the legal counsel to assist with the processing of the information and finding out who this... Read more »

James L. Arrasmith
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answered on Mar 19, 2023

I understand your concern and the importance of seeking legal counsel in this matter. To find a lawyer who can help you with this situation, you can begin by searching for attorneys in your area who specialize in civil litigation, personal injury law, or home security law.

You can start by...
Read more »

0 Answers | Asked in Criminal Law and Domestic Violence for North Carolina on
Q: My husband was arrested for CDV charge and he sat in the county jail for 6 months and hasn't been to court yet .

So when he gets released from prison he has to go bk to the Greenville county jail and sit again .till he goes to court

0 Answers | Asked in Criminal Law for North Carolina on
Q: I was charged with misrepresenting a non controled substance in Ga. What does this charge mean?

1,4 butenol was found in my car & police thought it was ghb or gbl. I never said it was either of those. They did, so wouldnt they be the ones that misrepresented & not I?

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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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 »

0 Answers | Asked in Criminal Law for North Carolina on
Q: I am being subjected to hateful homophobic comments by a neighbour. My landscape crew today just got harrassed for her.

just got harrassed by her accusing them of be criminals stupid while she imitated shooting them help

0 Answers | Asked in Criminal Law and Traffic Tickets for North Carolina on
Q: For a failure to appear/order of arrest, is it possible to just pay the fees and serve no jail time?

In 2017 I had a speeding ticket I never went to court for. In 2019, I got pulled over for revoked license since I never went to court for the speeding ticket in 2017. What is the best way to handle this without jail time?

0 Answers | Asked in Criminal Law for North Carolina on
Q: Hello, My stepson is on probation, the probation officer came in and demanded to go through my house.

We never signed anything giving her permission to go through our house. He got a call at the last minute and she showed up. I get that, but what I don't understand is why she was able to go through my entire house like she did. My room door was closed and I told her that I value my privacy and... 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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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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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 for North Carolina on
Q: If I want to get my boyfriends probation requirements or a no contact order removed what do I need to do exactly?

He doesn't have an attorney and neither do I. I was told to go to the clerks office and apply for a motion but I'm not exactly sure what kind...

And yes the no contact order is with me. It's from 2018 and he currently violated his probation due to me just being at his house.... Read more »

John Michael Frick
John Michael Frick
answered on Feb 19, 2023

You should contact your boyfriend’s attorney.

Usually a third party like you does not have standing to challenge a criminal’s terms of probation. You may, however, provide very useful testimony if your boyfriend wants to remove the no contact order as a condition of his probation...
Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: Can misdemeanor parole officer violate 1st time offender failing a drug test resulting being incarcerated
Nick Benjamin
Nick Benjamin
answered on Feb 14, 2023

Your question is confusing, but if you are asking if your probation officer can violate you for a failed drug test, and possibly put you in jail, the answer is yes. Same for parole officer. Probation and parole officers can be the same person, but Probation is in lieu of prison and parole is... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: Have a fta and no lawyer lost job couldn't hire got moved to suppior without court date checked online never showed up

My court date never got posted online don't know what to do have no lawyer now have fta and went to court end of November didn't get arrested for the fta from Oct 31 but bonds man called My dad the other day and told him I missed court but like i said I searched and searched never showed... Read more »

Nick Benjamin
Nick Benjamin
answered on Feb 8, 2023

Hire a lawyer, they can speak with a district attorney about getting your case reset and having the warrant withdrawn

1 Answer | Asked in Criminal Law for North Carolina on
Q: can a 20 year old go to jail if he gets a 17 year old pregnant ?
Christopher A. Beechler
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answered on Feb 3, 2023

No (usually). The age of consent in NC is 16. However, there are 2 general exceptions.

14-27.32. Sexual activity with a student.

(a) If a defendant, who is a teacher, school administrator, student teacher, school safety officer, or coach, at any age, or who is other school...
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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.

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