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North Carolina Criminal Law Questions & Answers
0 Answers | 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

0 Answers | 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

0 Answers | 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

0 Answers | 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?

0 Answers | Asked in Criminal Law and Juvenile Law for North Carolina on
Q: Legal implications for a teen after a fake school shooting threat in North Carolina.

My 15-year-old daughter made a fake school shooting threat last year and law enforcement took her iPhone 15 Pro in September 2024. She did not give them her password and reported the phone as lost and erased it afterward. They mentioned they had sustainable evidence against her at the time. She has... View More

0 Answers | Asked in Criminal Law and Juvenile Law for North Carolina on
Q: Are there legal issues if I travel without parental consent at 16 in NC?

I am a 16-year-old planning a weekend overnight trip with my 17-year-old girlfriend and some friends in North Carolina. Initially, my mother seemed okay with it, but my father needed convincing. I've already spent over $300 on this trip, hoping my parents would change their minds, but they... View More

0 Answers | Asked in Criminal Law and Gov & Administrative Law for North Carolina on
Q: Will charges affect appraiser license approval?

I've been charged with two counts of "OBTAIN PROPERTY FALSE PRETENSE" after being scammed by my supposed employer. I received 24 months of probation to repay about $5,800 from cashed checks that were part of this scam. I have emails and texts proving my employer's role. Given... 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

0 Answers | 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?

0 Answers | Asked in Criminal Law, Domestic Violence and Admiralty / Maritime for North Carolina on
Q: Is my wife trespassing by going on my boat despite restraining order?

My wife and I have been living separately for more than a year, and we have a separation agreement prohibiting her from coming to my home. I have a restraining order against her, though it doesn't specifically mention my boat, which is in my name. Despite notifying her multiple times,... View More

0 Answers | Asked in Appeals / Appellate Law and Criminal Law for North Carolina on
Q: Should post-release conditions be stayed during my appeal?

I pled guilty to attempted first-degree burglary and was given time served after 31 months. Upon release, I filed a notice of appeal and informed the court of my severe distress and lack of comprehension when I pled. Despite this, I am required to comply with post-release supervision conditions. I... 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

0 Answers | Asked in Criminal Law, Legal Malpractice and Health Care Law for North Carolina on
Q: Felony charge for serious injury by vehicle in NC with plea 17-30 months; seeking defense advice with attorney concerns.

I'm facing a felony serious injury by vehicle charge in North Carolina, with a plea offer of 17-30 months of active time. The incident involved a collision where the other party suffered fractured wrists. I have a personal history of falling asleep at the wheel and have previously received a... View More

0 Answers | Asked in Criminal Law for North Carolina on
Q: Do I need to register as a felon in NC if convicted in FL?

I was convicted of a possession-related felony in Florida, which required me to register as a felon there. I now reside in North Carolina. Do I need to register as a felon in North Carolina, and if I don't, is it possible for Florida to violate me?

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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