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North Carolina Criminal Law Questions & Answers
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
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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

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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
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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...
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1 Answer | Asked in Civil Rights, Constitutional Law and 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

James L. Arrasmith
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answered on Jul 11, 2023

You should contact the police department, district attorney's office, or an attorney to file a complaint and take legal action.

1 Answer | Asked in Criminal Law and Animal / Dog Law for North Carolina on
Q: My dogs were stolen, a police report was made., no a rescues has them and says I have to pay to get them back

They have them over 4 hrs away .. I can't get there and don't have the money to pay

John Michael Frick
John Michael Frick
answered on Jun 23, 2023

Tell the police who has your dog and that they are holding it for ransom.

1 Answer | Asked in Legal Malpractice and Criminal Law for North Carolina on
Q: Prison legal service got me out of prison due to errors. Do I still have to pay my lawyer and other court fees?

I was convicted by a jury. I had a court appointed lawyer, which she should have seen the errors from the beginning. I done 3yrs more than what I should have according to the DPS offender look-up. Since I been out, I had won money on a scratch off, but they took it for dues owed on that case. I... View More

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

Some states require a factual finding of innocence in order to bring a legal malpractice case.

Consult with experienced attorneys.

1 Answer | Asked in Criminal Law and Civil Rights for North Carolina on
Q: This girl has been stalking and harassing me for almost 3 years , She even made a fake dating profile using my images

What’s the best route to go

N'kia (NLN)
N'kia (NLN)
answered on May 4, 2023

If you believe someone has committed a criminal offense against you, you could file a police report. (The police will then decide whether to bring charges and, if so, which ones.) If you believe someone has committed a civil offense against you, you could file a lawsuit. (You can usually file... View More

1 Answer | Asked in Real Estate Law, Criminal Law and Animal / Dog Law for North Carolina on
Q: My neighbor keeps letting his dogs poop in my yard. We have discussed this 1000 times. What can I do now?

I have video of the dogs when they come and poop in my yard.

I scoop the dog poop daily and toss it back into his yard.

John Michael Frick
John Michael Frick
answered on Apr 21, 2023

Collect the poop. Store it. Then deliver it all back to his front porch

1 Answer | Asked in Criminal Law for North Carolina on
Q: Am I looking to o some time if I have 3 class h felonies pending in North Carolina

Felony larceny of motor vehicle felony possess of stolen vehicle and felony obtaining property under false pretense

Philip J. Clarke III
Philip J. Clarke III
answered on Apr 10, 2023

For Class H felonies in NC you could get some active time if convicted of one, even without any prior criminal record. If the circumstances were not terribly bad, and looking at your record does not make the DA think you need to do some time, then this level felony allows for probation even for... View More

1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Wrongful Death for North Carolina on
Q: Who do I contact about a fake will a sibling is trying to use after the death of their brother abs mother
N'kia (NLN)
N'kia (NLN)
answered on Apr 9, 2023

You might start by contacting an attorney who handles estate/probate law.

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: I got charged with larceny by employee and conspiracy and apparently they said the price was $53 my1st appearance monday

I’m 22 with a clean record never got in trouble before I just need help to get this stuff reduced

Philip J. Clarke III
Philip J. Clarke III
answered on Apr 10, 2023

Your clean criminal record, particularly at your age... but really at any age, should be one thing you always do everything within your power (that's legal) to protect. Particularly regarding your personal honor and trustworthiness. Unless you plan on winning the lottery or inheriting a... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Libel & Slander and Criminal Law for North Carolina on
Q: Is an innocent man who has been incarcerated for a crime he didn't commit ever time-barred?

The man was arrested without probable cause, without consent and without a warrant. He was simply accused and had ineffective counsel who did not use discovery to find his approximate location beyond a reasonable doubt, using his personal cell phone geolocation on the date and time in question by... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

Allegations of certain types of crimes may constitute defamation (libel or slander). But this doesn't usually apply to official government actions like prosecuting someone for a crime.

As for the criminal proceedings, nothing you shared sounds like a real slam dunk case of ineffective...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: Would a bus driver be neglect or liable for a studio got there nose broke from a fight if the bus driver if they did not

Not render help or report it

N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

An attorney would need to know a bit more about what happened in order to be able to thoroughly evaluate the bus driver's (or the school's) potential liability. You should consider scheduling a consultation with an attorney to discuss the details of your situation.

1 Answer | Asked in Civil Rights and Criminal Law for North Carolina on
Q: Hello, I am needing a lawyer to discuss a breach with my home security system being broken thru and someone in my home.

For some time now, I have been having someone/persons entering my home while I am out. I have a security system installed and (they) have been accessing the system. I have a bit of evidence and now I need the legal counsel to assist with the processing of the information and finding out who this... View More

James L. Arrasmith
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answered on Mar 19, 2023

I understand your concern and the importance of seeking legal counsel in this matter. To find a lawyer who can help you with this situation, you can begin by searching for attorneys in your area who specialize in civil litigation, personal injury law, or home security law.

You can start by...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: A friend of mine overdose I call for help and the police seize our phones without a warrant can they do that

A friend of mine overdoses I call for help the police come search the car find some stuff no more than a gram of herion in her purse and then seized both of our phones without a warrant

James L. Arrasmith
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answered on Mar 11, 2023

In certain situations, police may have the authority to seize a person's phone without a warrant if they have probable cause to believe that the phone contains evidence of a crime. However, the legality of the seizure would depend on the specific circumstances of the case. It is recommended... View More

1 Answer | Asked in Civil Litigation and Criminal Law for North Carolina on
Q: I bought a car a the salesmen forged my name on several documents. What's can I do and is the contact void!

And can I recoup the money I paid in?

N'kia (NLN)
N'kia (NLN)
answered on Mar 31, 2023

You may have civil claims, criminal claims, or both. A civil judge may be able to declare the contract void. A criminal judge may not be able to declare the contract void but may be able to provide other types of relief, like ordering the defendant to pay restitution. However, the best options and... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: If an officer has a person’s information and harasses said person, is there a legal basis to sue the the city/officer?

Officer received information from the individual during a trespassing warning at a city park after dusk. Harassing (ie. Pulling over vehicles repeatedly, following /starring intensely at person during community event where person is with family, and stoping/following person while walking with... View More

James L. Arrasmith
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answered on Mar 2, 2023

It may be possible to pursue legal action against the city and/or officer if there is evidence of harassment and a violation of the person's civil rights. This could include claims of excessive force, false arrest, or unlawful search and seizure. However, the specific circumstances of the... View More

1 Answer | Asked in Criminal Law and Constitutional Law for North Carolina on
Q: is this a violation of my 6th amendment rights

judge never offered or gave me a chance to find me a lawyer and forced me to go to trial on my first apperance

James L. Arrasmith
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answered on Mar 2, 2023

It is possible that the judge's actions could be a violation of your 6th Amendment rights, which include the right to counsel. The Supreme Court has held that criminal defendants have a right to counsel at all critical stages of the criminal justice process, including the initial appearance... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: If I want to get my boyfriends probation requirements or a no contact order removed what do I need to do exactly?

He doesn't have an attorney and neither do I. I was told to go to the clerks office and apply for a motion but I'm not exactly sure what kind...

And yes the no contact order is with me. It's from 2018 and he currently violated his probation due to me just being at his house.... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2023

You should contact your boyfriend’s attorney.

Usually a third party like you does not have standing to challenge a criminal’s terms of probation. You may, however, provide very useful testimony if your boyfriend wants to remove the no contact order as a condition of his probation...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: Can misdemeanor parole officer violate 1st time offender failing a drug test resulting being incarcerated
Nick Benjamin
Nick Benjamin
answered on Feb 14, 2023

Your question is confusing, but if you are asking if your probation officer can violate you for a failed drug test, and possibly put you in jail, the answer is yes. Same for parole officer. Probation and parole officers can be the same person, but Probation is in lieu of prison and parole is... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: Have a fta and no lawyer lost job couldn't hire got moved to suppior without court date checked online never showed up

My court date never got posted online don't know what to do have no lawyer now have fta and went to court end of November didn't get arrested for the fta from Oct 31 but bonds man called My dad the other day and told him I missed court but like i said I searched and searched never showed... View More

Nick Benjamin
Nick Benjamin
answered on Feb 8, 2023

Hire a lawyer, they can speak with a district attorney about getting your case reset and having the warrant withdrawn

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