Lawyers, Answer Questions  & Get Points Log In
North Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Federal Crimes for North Carolina on
Q: I've been mentally tormented and tortured through vigilance from the community and feds and local authorities how can I

I've been told through synthetic telepathy I am under investigation. I've been attacked every second of the day. Using HIGHLY ILLEGAL MIND READING TECHNOLOGY,REMOTE NEURAL MONITORING, V2K, been sprayed with Truth Serum and attacked by community vigilance. I continue to get blamed for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024

It sounds like you are going through a very distressing and complicated situation. If you believe you are being unjustly surveilled or harassed by local authorities or other entities, it is important to gather as much tangible evidence as possible. This could include documenting instances of... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for North Carolina on
Q: I am searching for a lawyer who can represent me, pretaning to and not limited to a violation of my constitutional right

I am searching for a lawyer who can represent me, pretaning to and not limited to a violation of my constitutional rights, I was detained at a hospital, also by the Dr. against my will, I went to the emergency room for my wounds, and not knowing I had a serious UTI infection, mind you" an... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 31, 2023

Seeking legal representation for a potential violation of your constitutional rights, especially in a situation involving medical treatment and detainment, is a critical step. Your experience, involving detainment at a hospital and questions about the legality of the process, certainly raises... View More

1 Answer | Asked in Criminal Law and Immigration Law for North Carolina on
Q: CAN A PERSON WITH MISDEMEANOR LARCENY CALSS1 IN NORTH CAROLNA HAVING A GREEN CARD FOR THE PAST 5 YEARS TRAVEL ABROAD?

DOES THIS COME UNDER PETTY THEFT ECEPTION AS THE AMOUNT WAS $989 AND THE CASE HAS BEEN DISSMISSED AND GONE FOR EXPUNGE.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 13, 2023

In your situation, having a green card and a dismissed misdemeanor larceny charge in North Carolina, you generally have the ability to travel abroad. However, there are a few important considerations to keep in mind.

Firstly, the nature of your charge and its dismissal can play a crucial...
View More

1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Communications Law for North Carolina on
Q: So if The person recording everything about a day is the only person knows that they're recording it still legal

My wife wants me to record everything that happens at work if I'm not on call with her, is that still legal if I'm the only person who knows that they're recording is there and I'm the only person consenting to it but no one else knows is that even legal

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

In North Carolina, the legality of recording conversations hinges on the state's consent laws. North Carolina is a "one-party consent" state, which means that as long as you are a party to the conversation, you can legally record it without needing to get permission from the other... View More

2 Answers | Asked in Criminal Law, Products Liability and Car Accidents for North Carolina on
Q: Am I liable for the incident explained below?

Hello,

I live in Clyde, North Carolina and this is where the incident occurred. I was parked at a dollar general in a designated parking space and when I came back out after purchasing products, there was a Dollar General Semi Truck parked right behind me. I went to pull out slowly and was... View More

Joel Gary Selik
Joel Gary Selik
answered on Dec 1, 2023

Yes you would be liable. Though it sounds they like they will not pursue this.

View More Answers

1 Answer | Asked in Criminal Law and Personal Injury for North Carolina on
Q: If your love one is in prison and they were assaulted is their anything that can be done about it?

Love one was stabbed multiple times in his sleep and the prison staff didn’t notify his family they wasn’t even on their post and allowed another inmate to come out of his area to attack my love one while he was sleeping and again when he woke up to defend himself when the other inmate came... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 15, 2023

The standard of care to hold a prison liable is whether the prison staff’s conduct rose the level of “deliberate indifference” in not taking steps to transfer your loved one to a safer place. Contact local civil rights counsel for more specific advice.

1 Answer | Asked in Criminal Law for North Carolina on
Q: How much additional parole time can be given for a second felony parole violation?

Specifically, failure to register a new address for the sex offender registry.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 30, 2023

For a failure to register a new address for the sex offender registry, the additional parole time can range from 12 to 36 months.

The Parole Commission also has the discretion to waive the additional parole time requirement if the offender can show a legitimate reason for the violation....
View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: What is the statue of limitations on committing perjury against an individual
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 24, 2023

In North Carolina, the statute of limitations for perjury against an individual is generally two years. This means that charges for perjury must be filed within two years of the alleged false statements being made. However, the specific application of the statute of limitations can depend on... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: Wrong address on application for and actual search warrant?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2023

If the wrong address is on the application for and actual search warrant, the search may be considered illegal. You may be able to file a motion to suppress the evidence obtained during the search, which means that the evidence cannot be used against you in court. To file a motion to suppress... View More

View More Answers

1 Answer | Asked in Criminal Law for North Carolina on
Q: Can a scheduled 3controlled substance charge be expunged? It's was a suboxoene strip
Kristen Dewar
Kristen Dewar
answered on Sep 16, 2023

Yes, that is currently eligible for expungement.

1 Answer | Asked in Criminal Law for North Carolina on
Q: Name is spelled wrong on warrant and court docet. Time and time again even after being brought to attention.

Is that grounds for dismissal

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2023

In North Carolina, errors in the spelling of a name on a warrant or court docket are typically considered clerical mistakes or typographical errors. These errors, on their own, are usually not sufficient grounds for automatic dismissal of a case. However, the significance of the error depends on... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: Can the law find drugs on you and let you go and then come back later and arrest you for them if you don't snitch

There were no arrest or charges made

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

The decision to cooperate with law enforcement, commonly referred to as "snitching," is a complex personal choice. While it may lead to leniency or reduced charges in some cases, it also comes with potential risks, including personal safety concerns. Legal counsel is often essential when... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Tax Law for North Carolina on
Q: If I pled guilty to a conspiracy to traffic in federal court do I have to pay a drug tax no drugs were ever found

No drugs were ever taken off my person or from my house. This is a conspiracy charge. The people that showed up to my house said they was taking my property even though they knew they was sending the notices to the wrong address. I had no clue I even owed this 7000.00 in STATE DRUG TAXES. the state... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

Handling federal criminal charges and the related repercussions, including any potential drug tax assessments, can be incredibly complex. Generally speaking, federal and state proceedings are separate and the obligations or liabilities arising from them might be distinct. Given the gravity of your... View More

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: When an appeal case says published opinion, does it have legal authority?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2023

In North Carolina, a "published opinion" refers to a written decision issued by an appellate court that carries legal authority, although the level of authority can vary. Such opinions serve as precedents and provide guidance for interpreting and applying the law. When an opinion is... View More

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Elder Law for North Carolina on
Q: My father has dementia and my brother got him to sign a power of attorney. My brother has know claimed all his property.

Not legally as I have the deeds. Father is alive, Mother deceased. He is claiming squatters rights that he's living with my father over 2 months. Some lawyer told him can claim the property? Is this legal?

I have the deeds as my brother is an ex-con.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Aug 17, 2023

You probably need to get an attorney to look at everything.

The physical deeds are just pieces of paper the only thing that matters is what is recorded in the register of deeds.

1 Answer | Asked in Criminal Law for North Carolina on
Q: If my Bond is released to a rehab facility can I switch rehabs or once I leave the first one do I have to go to jail
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2023

If your bond has been released to a rehab facility in North Carolina, the specific conditions and terms of your release will depend on the court's orders, the terms of your bond, and any agreements made with the court or legal authorities.

In general, if you're released to a rehab...
View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: What is the penalty for a conviction of having a weapon of mass destruction

My son-in-law was charged as a felony charge for a sawed off shotgun.

W. Scott Harkey
PREMIUM
W. Scott Harkey pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2023

Possession of a weapon of mass destruction is a class F felony in North Carolina. Depending on the defendant’s prior record, the offense is punishable by 10 months minimum and 59 months maximum.

1 Answer | Asked in Constitutional Law and Criminal Law for North Carolina on
Q: Can a police officer get me a higher bond for not speaking with him
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 31, 2023

In North Carolina, a police officer generally does not have the authority to set or change the bond amount. The bond is typically set by a judge based on various factors, such as the severity of the alleged offense, the defendant's criminal history, and the risk of flight.

2 Answers | Asked in Criminal Law for North Carolina on
Q: can a judge tell you that if you dont have an attorney set by such and such date that you have to represent yourself?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2023

In criminal cases, individuals have the right to legal representation, whether it's through a privately hired attorney or a court-appointed attorney if they can't afford one. Now, the timing and specifics can vary, but generally, a judge will encourage you to have legal representation to... View More

View More Answers

1 Answer | Asked in Criminal Law for North Carolina on
Q: Is it legal for a police officer to tell the world that I was a confidential 8nformant and then give my address to harm

I signed a agreement about my identity and an officer was on fb live and told everyone my name and address and that I was an informant

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2023

Revealing the identity and personal information of a confidential informant by a police officer can potentially be a serious breach of protocol and may have legal implications.

If you believe your identity has been unlawfully disclosed or that you are facing harm as a result, it is...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.