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North Carolina Questions & Answers
1 Answer | Asked in Criminal Law for North Carolina on
Q: I have a misdemeaner larceny charge. The cameras have me putting stuff back before I took again. Can that show borrowing

So I went and got their pressure washer then put it back for a day and took wheel barrow. Then came and got pressure washer next day. Can the fact I put it back for a day help argue I was borrowing it and it was stolen from me

John D. Pritchard
John D. Pritchard
answered on Jun 7, 2024

Maybe so. Larceny is the crime of someone:

1) Taking

2) Personal property

3) That is in the possession of another

4) Carrying it away

5) Without consent

6) With the intent to deprive the possessor of it permanently

7) With the knowledge that...
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1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for North Carolina on
Q: I live in NC I have a dvpo against my abusive husband, who won't answer the door to be served

He has my boys, and they aren't going to school, and he is ignoring the law.How can they serve papers to get my.kids back I have a temporary custody order, and he doesn't work

James L. Arrasmith
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answered on Jun 3, 2024

I'm sorry to hear about your situation. If your husband is avoiding service of the DVPO and temporary custody order, you have a few options to ensure he is served and you can regain custody of your children.

First, contact the local sheriff's department or law enforcement agency...
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2 Answers | Asked in Communications Law and Internet Law for North Carolina on
Q: Is it legal to track the location of your own car in the state of NC if someone else is operating the vehicle?

Additionally, are iOS devices like Airpods, iPhones etc. with the "Find My Device" functionality considered tracking devices for legal purposes in a case where you wish to track your own motor vehicle?

Nicholas Arthur Matlach
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answered on May 30, 2024

In North Carolina, it is legal to track the location of your own vehicle even if someone else is operating it. This is explicitly allowed under G.S. 14-196.3(b)(5)(b), which permits the owner or lessee of a vehicle to use an electronic tracking device on that vehicle.

However, whether iOS...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: I have a question about early termination of a rental agreement. We are the owners and just received PCS orders back to

area in which we have our home rented. The home is in NC. Our rental agreement states that the early termination fee is their monthly fee for an early termination with legal cause. Is orders on our end as the owners legal cause? Our PM is insisting we need to offer monetary incentives as well.

Ben Corcoran
Ben Corcoran
answered on May 29, 2024

I would have to read your contract to give a definitive answer, but likely not. The PM is probably correct in their advice to you.

2 Answers | Asked in Traffic Tickets and Car Accidents for North Carolina on
Q: In April I was involved in a rear end collision.

I was driving my FedEx truck and due to a sudden stop in traffic from a different accident up the road, I didn't stop in time. I made every effort to stop, giant skid marks and cameras prove that. FedEx trucks have inside cab cameras as well as external cameras. I still have my job because... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

This sounds like you were cited for a failure to stop. What you have described is a common occurrence on the roads, but it is the requirement that every driver operate their vehicle so that they can stop in time to avoid collision with other vehicles, objects and people. To me it sounds like you... View More

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1 Answer | Asked in Social Security for North Carolina on
Q: Incorrect information was sent from US Social Security to German “social security” affecting the German benefits.

Two conflicting opinions from US SSA were communicated to me. I need an attorney to help rectify the situation.

Gary

James L. Arrasmith
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answered on May 27, 2024

Dear Gary,

I understand that you are seeking legal assistance regarding an issue with your German social security benefits, which seems to have arisen due to conflicting information provided by the U.S. Social Security Administration (SSA).

I can offer some general guidance on how...
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1 Answer | Asked in Personal Injury and Civil Rights for North Carolina on
Q: Me and my wife are in an assisted living facility here in Kernersville .We are being threatened and not get

and not getting all our medication.What can we do?

James L. Arrasmith
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answered on Jun 3, 2024

If you're facing threats and not receiving all your medication at the assisted living facility, it's important to take immediate action. Start by documenting everything—write down instances of threats, missed medications, and any other concerning behavior. This record will be helpful if... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on
Q: How can I have my daughter returned home to me if my ex, who has no rights, has taken her and refuses to bring her back?

He is not on her birth certificate, we have no custody agreement, he doesn't pay child support, and he has barely been involved in her life for the last two years. She is now 4, and he has obtained temporary emergency custody through an ex parte 50-B, which he lied on. I filed a motion to set... View More

James L. Arrasmith
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answered on Jun 2, 2024

I'm so sorry to hear about what you're going through. It's important to stay strong and keep fighting for your daughter. Since the judge denied your motion and you weren't allowed to speak, you should consider filing an appeal or seeking a modification of the custody order.... View More

1 Answer | Asked in Estate Planning for North Carolina on
Q: Executor of will changed named beneficiary on retirement account for personal gain? Durable POA not filled. Wake, NC

Executor changed named beneficiary of 25yrs to make himself now the named beneficiary, via internet, on Charles Schwab acct. 3 weeks before my dad passed away. Durable POA not filled with registry of deeds in Wake county

Alexander J Palme
Alexander J Palme
answered on May 28, 2024

The answer to your question will hinge upon the Power of Attorney document’s language. Because your father was living at the time of this beneficiary change, the executor would have been acting in his or her potential role as agent under the Power of Attorney.

An agent has a fiduciary...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: how can a walmart in SC issue a warrant for my arrest, making me a fugitive in NC if I wasn't even aware of a crime?

ok I know walmart didn't issue the warrant, it's for a misdemeanor larceny.

I was stopped in NC got a drug charge, bail has been made.

The people in SC today said it's not even a felony, they just used to fugitive warrant for a hold. No one made me aware of my... View More

James L. Arrasmith
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answered on May 28, 2024

It sounds like you're in a very stressful situation. To get out of this, you need to take a few important steps. First, contact your public defender or a private attorney immediately. Explain your situation, emphasizing that you were unaware of the larceny charge and that no one informed you... View More

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: I live on acre land for 12 years it's in my and brother name now brother trying to sell is he allowed too I verbaly told

It was mind brother trying to take mom got all timer and brother making decisions for her

Ben Corcoran
Ben Corcoran
answered on May 20, 2024

Your brother can only sell what he owns, so if someone is willing to buy his interest, he can sell it, but he cannot sell your portion. Since he is a part owner, your brother can get a court-ordered sale in which the whole property would be sold. You need to speak with a local attorney for further... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for North Carolina on
Q: If a person has been convicted of a federal felony, served their time but was wrongfully convicted. What can he do?
John D. Pritchard
John D. Pritchard
answered on May 20, 2024

There are three broad ways that a person can challenge a federal conviction, but none of those may apply to this situation.

First is the most common and widely understood--the person may appeal his/her conviction to the Court of Appeals. (And in rare circumstances, may appeal from there to...
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1 Answer | Asked in Child Support and Family Law for North Carolina on
Q: If me and the father agree on a payment and terminate the court ordered child support, will they cut off my gvmnt assist

Me and the father have been speaking about maybe terminating court ordered child support but I was told they would take my Medicaid and food stamps for them as well and for me

Jonathan David Breeden
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answered on Jun 18, 2024

It depends. I would contact my child support caseworker and my Medicaid and Food stamps workers and find out what the laws about this are in your jurisdiction. You could lose the benefits by stopping the child support so you need to find out what your workers say about it.

1 Answer | Asked in Child Support for North Carolina on
Q: If I terminate child support order for the father will they cut my government assistance off
Jonathan David Breeden
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answered on Jun 18, 2024

I would contact my child support caseworker and my Medicaid and Food stamps workers and find out what the laws about this are in your jurisdiction. You could lose the benefits by stopping the child support so you need to find out what your workers say about it.

1 Answer | Asked in Health Care Law and Sexual Harassment for North Carolina on
Q: I was touched inappropriate by a nurse in Duke hospital. Is there anything I could do about it ?

I had a surgery on my spine upper back it’s no reason for this nurse finger to be sliding down then up the crack of my bottom

Tim Akpinar
Tim Akpinar
answered on May 26, 2024

A North Carolina attorney could advise best, but your question remains open for two weeks. You could try to arrange a free initial consultation with a law firm. However, it's likely that the two of you will have conflicting testimony. Good luck

1 Answer | Asked in Tax Law for North Carolina on
Q: My online income tax payment was deducted twice from my bank account almost 2 months ago. They still haven't refunded.

After reporting it over a month ago I was told today they haven't even begun processing the refund yet and that there is no way to tell or estimate when I will receive it. It could be next week. It could be in six months. Can they legally do this? Is there anything I can do to expedite it? I... View More

James L. Arrasmith
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answered on May 17, 2024

I'm sorry to hear about the difficulties you're experiencing with your tax refund. It's understandable to be frustrated, especially when you need the funds to cover essential expenses. Here are a few thoughts on your situation:

Legally, if you were incorrectly double-charged,...
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1 Answer | Asked in Contracts, Copyright and Intellectual Property for North Carolina on
Q: Can someone seek revenue share for sales of products for which they never signed an agreement?

Signed deal for 1 product and now asking for revenue share from everything else that was developed later on but no agreement / amendment was signed?

James L. Arrasmith
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answered on May 18, 2024

In general, a person or company cannot claim revenue share for products they did not have a signed agreement for. If they only signed an agreement related to one specific product, that would typically not entitle them to revenue from other products developed later unless those subsequent products... View More

1 Answer | Asked in Federal Crimes and Civil Litigation for North Carolina on
Q: federal charges should I put on a complaint for Inheritance Hijacking and exploitation of the disabled & elderly?

I am filing Pro Se complaint in Greensboro NC federal court against my sibling for inheritance hijacking and financial exploitation of the disabled and elderly. Which federal code do I put on the complaint form?

John Michael Frick
John Michael Frick
answered on May 15, 2024

Whatever federal code you are alleging that your sibling violated, if any.

1 Answer | Asked in Collections for North Carolina on
Q: I received a summons about a credit card debt from a lawfirm that purchased the debt. What do I do next?

The summons was served to me on 4/19/24, the date issued on the summons is 4/12/24. It says I have 30 days to respond from date received. What should I do next?

Barry W. Kaufman
Barry W. Kaufman
answered on May 14, 2024

You have choices. You can do nothing whatsoever. You can call the law firm to try to arrange a payment plan or if possible, pay it in full. You can respond on your own to the summons. You can retain an attorney to respond or to negotiate a settlement or both; or consult with a bankruptcy attorney... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for North Carolina on
Q: Negligence Civil case against property management at apartment complex?

due to harassment from other tenant, repeat lease violations, noise disturbances, police calls fights. Property management did not file papers for non payment of rent on tenant for 2 months knowing complaints were filed regularly. there is also an unauthorized occupant (felon) living amongst 5... View More

James L. Arrasmith
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answered on Jun 3, 2024

You may have a potential negligence case against the property management if they failed to address the lease violations and other disturbances, leading to a decline in your quality of life and safety. Their inaction, particularly in not filing eviction papers for non-payment of rent, might... View More

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