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North Carolina Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for North Carolina on
Q: I was assaulted and robbed by a man who was later ordered by a judge to pay me $10,000 as a condition of probation.

It's been a couple of years now, and he has paid me nothing. Is there any way to make him pay?

0 Answers | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for North Carolina on
Q: If someone enters my house with a key, takes an damages stuff an ran up an electric bill but I have no tangible proof

I asked for key to be returned in Oct via police, but was given wrong key. And I didn't want to have landlord change locks so I didn't mention it to them. But I was gone about 3.5 weeks to return an pack my stuff an it was missing as well as damaged stuff. Law enforcement said it... View More

0 Answers | Asked in Criminal Law for North Carolina on
Q: trafficking of meth charge be able to go to rehab instead of prison, How much Weight of meth is trafficking.? In N.c

I was locked up 6 months , then let out because grand jury wouldn't file the charges the way they wrote them. , out a month they rewrote the charges locked me back up. I bonded out then they raised my bond and lock me back up. It's been 3 years now. Never herd anything about a court date... View More

0 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for North Carolina on
Q: Taking a open plea because a witness has lied and later admits she lied or denies statments on phone from prison

What can we do to get this brought back into court to have the sentance reduced due to the false statements ? And can prove that she isn’t a credible Witness due to all of her lies that are in the discovery . And the defendant did not recieve all of the discovery before the plea was accepted.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Litigation and Insurance Defense for North Carolina on
Q: I have dwlr 5 I believe along with no insurance revoked tag and wrong tag..low income with 12 year old son. Single mothe

Please help. Jan Jan 7th and 10th

Tim Akpinar
Tim Akpinar
answered on Dec 25, 2024

A North Carolina attorney must advise here, but you await a response for two weeks and it looks like your hearing is around the corner. A starting point could be to look into whether you qualify for a public defender (state-appointed defense attorney, based on financial need), or to see if your... View More

0 Answers | Asked in Criminal Law, Personal Injury, Real Estate Law and Legal Malpractice for North Carolina on
Q: Can i sue a lawyer for filing a Notice of Voluntary Dismissal of my complaint without my knowledge or permission?

Tenants abandoned plaintiff premises without paying. Lawyer filed that notice (March 28, 2014) BEFORE judgment was rendered. ( April 27, 2014). I just discovered this today. Is it too late for a remedy? How can i deal with the lawyer and tenanats? PLEASE HELP!

0 Answers | Asked in Criminal Law for North Carolina on
Q: I'm looking for a pro bono lawyer or someone that can help me. My husband is in Cleveland county jail annex under a

$250,000 bond.He was assigned a public defender,but she has seen him 1 time. And she has been asked to see about a bond reduction or me put the title up for bond. But she refuses to contact me. I have asked her to go see him and still no answer or hasn't went to him. I need someone that can... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for North Carolina on
Q: What to do / say to an officer when pulled over? Anyone have a concise information sheet that can be kept in car?

I've seen lots of videos and articles on what to say/do or not say/do during traffic stops. But what I'm wondering is, does anyone have a concise sheet / summary of these basic instructions that could be kept in the vehicle so that I could actually... remember some of this advice?... View More

James L. Arrasmith
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answered on Oct 21, 2024

When you’re pulled over, stay calm and pull over safely to the side of the road. Keep your hands visible, preferably on the steering wheel, and wait for the officer to approach. Avoid making sudden movements and follow the officer’s instructions carefully.

Provide your driver’s...
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1 Answer | Asked in Criminal Law and Juvenile Law for North Carolina on
Q: ln NC State will you go to jail for this. A 24 year old dating a 17 year old, both females and had sexual relation.

.

John D. Pritchard
John D. Pritchard
answered on Nov 7, 2024

Probably not.

The age of consent in North Carolina is 16, so a 17 year old is considered legally able to consent to sexual activity.

There are always exceptions. For instance, if the 24 year old were a teacher or coach at a school and the 17 year old was a student at the same...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: Can I be charged with drugs found in a drug raid but the house is not in my name or was not found on my person
John D. Pritchard
John D. Pritchard
answered on Oct 17, 2024

The short answer is yes.

To charge someone, the police only need probable cause, which is the same standard the State needs when it seeks an indictment from a grand jury. Simply put, probable cause means something is more likely than not. It's not the same as the beyond a reasonable...
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1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: What can I do to get my case seen in court or to have it dismissed when It is a pending Felony, waiting on indictment?

I paid a lawyer $5000 assuming that his legal advice would be the best solution. I wanted to be seen in court asap and to prove innocence and not have to wait on indictment. I wasn't aware that either way I had to wait on indictment. I was under impression that waiving my show cause hearing... View More

James L. Arrasmith
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answered on Oct 16, 2024

I'm really sorry you're going through this difficult time. It's important to reach out to your current attorney to discuss the delays and express your concerns about the pending felony status affecting your employment. Make sure they are actively working on your case and ask for a... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for North Carolina on
Q: If I were to fire my court appointed attorney in NC are they required to assign me a new one? If so what is the process?

My court appointed attorney lacks communication, won’t file a motion for a bond reduction hearing no matter how often I request it, won’t take into consideration valuable information/evidence that I have pertaining to my case and has tried to push me towards taking a plea that i don’t want to... View More

James L. Arrasmith
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answered on Oct 2, 2024

In North Carolina, you have the right to request a different court-appointed attorney if you believe your current one is not adequately representing you. To initiate this process, you should first communicate your concerns clearly to your attorney in writing, detailing the specific issues you’re... View More

1 Answer | Asked in Criminal Law and Civil Rights for North Carolina on
Q: My questions is, was this a legal search?

A police officer saw a vehicle they believed to be a rental car, with a male driver "leaning behind the "B" post and his hood pulled tightly around his head". Officer followed the car. A second officer joined. First officer stated they were unable to observe a violation and so... View More

James L. Arrasmith
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answered on Sep 7, 2024

When assessing whether a search was legal, it's crucial to consider the Fourth Amendment, which protects against unreasonable searches and seizures. In this scenario, the initial welfare check might be justified if the officer genuinely believed the occupants needed assistance due to their... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Health Care Law for North Carolina on
Q: I am trying to help an incarcerated loved one with court-order rehabilitation; process for Power of Attorney?

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James L. Arrasmith
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answered on Sep 1, 2024

To help an incarcerated loved one with court-ordered rehabilitation, you’ll need to establish Power of Attorney (POA) to manage their legal, financial, or medical matters. Start by discussing with your loved one the specific powers they want to grant. This can be for general matters or specific... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for North Carolina on
Q: Is it illegal for a spouse to place a tracking device on a vehicle that is marital property?

A vehicle purchased via loan by Spouse B during a marriage, with loan payments made from Spouse B's own account where their income is deposited (marital funds), titled in Spouse B's name only.

NCGS § 50-20(b)(1) classifies the vehicle as marital property, making Spouse A an owner... View More

Brian King
Brian King pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2024

Parties who are considering tracking their spouses’ movements can refer to North Carolina General Statute §14-196.3(b)(5). This statute both defines the state’s understanding of an electronic device and notes that to install such a device, the installer must have their name on the affiliated... View More

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: Is there a time limit for felony charge court dates that are moved to Superior Court?
James L. Arrasmith
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answered on Sep 7, 2024

When felony charges are moved to Superior Court, there are specific time limits that the court must follow. Typically, after a preliminary hearing in a lower court where a judge finds probable cause, the case is "bound over" or transferred to Superior Court for further proceedings. At... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for North Carolina on
Q: age of consent in NC. i was texting somone i thought was 21 online and turned out to be a 16 year old girl. im 25.

I'm 25 and i was on an online dating app. i starting texting a girl i thought was 21 because her profile said so, i shared explicit images with her and receive a phone call from her parents threatening legal action. turns out she is 16. google said the age of consent in North Carolina is 16. I... View More

James L. Arrasmith
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answered on Sep 7, 2024

It sounds like you're in a concerning situation, and it's understandable to feel worried. In North Carolina, while the age of consent is 16, there can still be legal consequences for sharing explicit images, especially if the person involved is a minor. The laws surrounding this can be... View More

1 Answer | Asked in Criminal Law and Civil Rights for North Carolina on
Q: My boyfriend is currently incarcerated. He believes he has a case due to the use of excessive force. What should we do?
James L. Arrasmith
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answered on Aug 31, 2024

First, it's important to gather as much evidence as possible regarding the incident where excessive force was used. This could include medical records, photographs of injuries, witness statements, or any video footage that may exist. Documentation is key in building a strong case.... View More

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