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North Carolina Criminal Law Questions & Answers
1 Answer | Asked in Consumer Law, Criminal Law and Personal Injury for North Carolina on
Q: My things were in a fire at a storage facility. The biz isn't letting me look through my destroyed unit for salvage.

I feel like I'm getting the runaround from this company. At first they told me a customer used a code to get in and set it on fire, and now they're telling me they cut their way in and did the same.

The problem is this: I think some things survived in this fire, but they... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 8, 2024

Your property should be covered by your homeowners or renters insurance policy. Turn in an insurance claim and your own insurance company will help you get access.

If you did not have insurance, that's too bad because most likely the storage facility is not at fault whether a customer...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: im out on bond on house arrest does it count as jail time?
W. Scott Harkey
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answered on Mar 5, 2024

No. You do not get credit toward confinement while on Electronic House Arrest. The applicable statute can be found at N.C. Gen. Stat. § 15-196.1. As always, consult your attorney regarding the specifics of your case.... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: My phone was taken as evidence a year ago. I know there is no evidence on the phone.its been a year. How do I get it bac
Lynn  Norton-Ramirez
Lynn Norton-Ramirez
answered on Mar 4, 2024

It depends if the case or investigation that precipitated the seizure of the phone is still pending. If it has been closed, a Return of Property order signed by the judge and addressed to the law enforcement body in possession of the phone is recommended. If the investigation and/or case is... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: I got a felony violation charge just to get off probation, is this something that happens a lot and can I do anything?
T. Augustus Claus
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answered on Mar 1, 2024

In North Carolina, receiving a felony violation charge as a means to expedite the termination of probation is not a standard legal procedure and is generally not advisable due to the significant negative consequences of having a felony conviction on your record. Such an action could result in... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for North Carolina on
Q: Can a person be held locked up for 1st degree murder,denied bond twice, without any evidence except one person statement

laws have NO physical evidence.

person was previously in a bad dirt bike accident and has plates in both wrist, and is NOT physically capable of shooting a gun.

James L. Arrasmith
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answered on Feb 22, 2024

In North Carolina, as in other jurisdictions, it is possible for a person to be held without bond on serious charges such as first-degree murder, based on the severity of the alleged crime. The decision to deny bond typically considers factors such as the nature of the charges, potential risk to... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: I had a felony expunged. It still shows up on records like truth finder. How it this removed. It's 30 years old
T. Augustus Claus
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answered on Jan 26, 2024

First, verify that the expungement order was properly processed and filed. If the expungement was done correctly, reach out to the relevant authorities or agencies to request a thorough update of their records. Additionally, contact TruthFinder directly to inquire about their data sources and... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and Juvenile Law for North Carolina on
Q: neighbor videoed my 2 year old daughter while she was standing naked in our doorway on our property what can I do
James L. Arrasmith
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answered on Jan 11, 2024

If your neighbor videotaped your two-year-old daughter while she was naked on your property, this is a serious concern that may involve privacy and child protection laws. In North Carolina, it's illegal to photograph or record a minor in a state of undress without consent, and this can... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: My friend has 17 dismissals with leave in North Carolina from 2007 tell 2020 what does this mean.
Brad Trexler
Brad Trexler
answered on Jan 22, 2024

Dismissals with leave put this case in a sort of purgatory where they are still alive but will not be put on the docket. Most likely these cases will prevent your friend from getting a valid license but will not have much other consequence as the cases should not have any active warrants for arrest... View More

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
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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
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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
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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...
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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
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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.

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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
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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....
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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
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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
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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

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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
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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
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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

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