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North Carolina Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law, Federal Crimes and Wrongful Death for North Carolina on
Q: Haywood co nc sheriffs office lied about my nephews death, covering up his murder. What steps can I take with no money?

They have evidence he was murdered and they told us he overdosed and no foul play involved. He was missing for 3 months and during that time not once did they search for him, they lied to us about a search we lager found out never happened. They try to intimidate us when we confront them with the... View More

0 Answers | Asked in Criminal Law for North Carolina on
Q: I would really like to know who and who wasn’t in the wrong here please give me a small straight forward Awnser please

my cousin was at a gas station like he normally does but this time another guy showed up he and my cousin got into a argument and then the other swings at my cousin first but he missed hitting the thing directly next to my cousin he then backs up and in the words of my cousin he thought the man was... View More

0 Answers | Asked in Criminal Law, Family Law and Public Benefits for North Carolina on
Q: What can I do if a forged food & nutrition recertification was scanned into my file & the office won't give me a copy of

My disabled cousin and the man she is currently staying with told the local office she was on my benefits when she was not, then the other person filed criminal charges of trespassing and larceny against me and is trying to have my relative deemed incompetent when she is the only other adult that... View More

0 Answers | Asked in Criminal Law for North Carolina on
Q: If someone does not live with you and they are on misdemeanor probation, can probation come and search my house because

They spend the night. And then charge that person for your firearms?

0 Answers | Asked in Criminal Law, Divorce and Civil Litigation for North Carolina on
Q: If I posted NSFW pictures on Reddit and someone found and sent these pictures to my employer, is that a crime?

On a forum like Reddit do I have a reasonable expectation of privacy?

0 Answers | Asked in Criminal Law for North Carolina on
Q: How can I get an inmates bail reduced and get them in a safer holding area considering their charges are a sex offense?

No prior charges, strong family presence in area, has a job here, but held without bail 30 days, then set 250,000 dollar bail at hearing. With sex offense charge is being held in general population.

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
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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 Federal Crimes 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

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for North Carolina on
Q: What can I do If my appealet Attorney has placed me in procedure default by refusing to raise issues preserved by court

My attorney has refused to raise the issues of fourth amendment violation illegal warrentless search of a lock box safe. Fourth, amendment violation of deputies prolonging investigated stop without probable to conduct dog sniff, sixth amendment violations confrontational clause due process... View More

James L. Arrasmith
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answered on Aug 5, 2024

It sounds like you’re facing a challenging situation with your appellate attorney. If your attorney is not raising the issues you believe are critical to your case, you might consider addressing this directly with her first. Schedule a meeting to discuss your concerns and provide her with the... View More

1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Civil Rights for North Carolina on
Q: Need an Attorney to help me finish this lawsuit. I'm homeless and hard to keep up with this way. Who can/will help?
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answered on Aug 31, 2024

Finding an attorney to help you finish your lawsuit while facing homelessness can be challenging, but there are resources available that may assist you. Start by reaching out to legal aid organizations in your area. These organizations often provide free or low-cost legal services to those who are... View More

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