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North Carolina Questions & Answers
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 Estate Planning for North Carolina on
Q: I need help completing the Affidavit of Collection, Disbursement and Distribution form in NC.

My aunt passed away and co-owned vehicles with her sister who survives her. She had a simple will and named a cousin as beneficary. The titles for the vehicles have been transferred to the surviving sister. How is this documented on the above mentioned form?

Shane T. Johnson
Shane T. Johnson
answered on Oct 21, 2024

You will need to contact a probate attorney. County clerks are very particular and therefore the forms, which do not lend themselves to a simple explanation or answer here, need to be completed correctly.

Q: Civil Rights Violations in Multiple Involuntary Commitments

I seek guidance on addressing civil rights violations from 12 involuntary civil commitments (IVCs) in North Carolina, 10 within five months. In 11 cases, I was denied proper notice and legal representation, violating N.C. Gen. Stat. § 122C-264(a) and § 122C-268(d). The one time I had counsel, my... View More

James L. Arrasmith
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answered on Oct 20, 2024

I'm sorry you're experiencing this challenging situation. Start by collecting all documents and records related to each involuntary civil commitment. This evidence will be essential when consulting with an attorney who has experience in mental health and civil rights cases.

To...
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Q: What Complaints and Legal Action Should I File for Wrongful Civil Commitments in NC?

I seek legal advice regarding a series of wrongful involuntary commitments (IVCs) between March 2022 and September 2024 in Winston-Salem, NC. Of 12 IVCs, 11 occurred in 2024 alone, initiated by my mother. These actions caused severe personal distress, and I believe my due process rights were... View More

James L. Arrasmith
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answered on Oct 20, 2024

I'm sorry you're going through this challenging experience. It's important to seek professional legal assistance to navigate these complex issues effectively. Start by contacting an attorney who has experience with civil rights or mental health law to discuss your specific situation.... View More

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 Bankruptcy for North Carolina on
Q: What are my options to be able to get my belongings from a storage unit while in a Ch 13

I owe the storage unit money and they have filed proof of claim. I don't want to keep the unit and incur more debt but want my personal belongings that will mean nothing to anyone else. Does NC law allow me to access my belongings before the debt is paid in full? What is assuming the storage... View More

James L. Arrasmith
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answered on Oct 18, 2024

In North Carolina, when you file for Chapter 13 bankruptcy, you can propose a repayment plan to handle your debts, including what you owe to the storage unit. Since the storage facility has filed a proof of claim, they are recognized as a creditor in your bankruptcy case. However, you still have... View More

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for North Carolina on
Q: Can I a file General POA with the healthcare provision or must I file two POA's?

I want to just file one POA that covers everything including Healthcare decisions

Shane T. Johnson
Shane T. Johnson
answered on Oct 15, 2024

Most people have two Powers of Attorney documents produced, a Health Care POA and a Financial POA. This is because they are very distinct roles, one is for health care and the other is for financial. A Financial POA can be filed at the County Register of Deeds Office. The Health Care POA can be... View More

1 Answer | Asked in Contracts and Employment Law for North Carolina on
Q: After employee is terminated, how long does employer have to send final paycheck to employee?

What is considered employee retaliation? If employee didn't show up for work one day deliberately so, does employer have to pay out for that day?

Kirton M. Madison
Kirton M. Madison
answered on Oct 15, 2024

In North Carolina, the employer must provide the final paycheck on or before the next regular payday.

You will need to provide more information about the employee who did not show up for work one day.

Is this a salaried employee who worked remotely or worked a partial day?...
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1 Answer | Asked in Tax Law for North Carolina on
Q: Are federal tax credits being legally transferred to taxpayers as a result of inplementation of 25 USC 46 ISDEAA .

These credits are being offered by some financial advisors. The program is through the Treasury Dept.

James L. Arrasmith
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answered on Oct 14, 2024

I understand your concern about the federal tax credits being offered through the implementation of 25 USC 46 under the ISDEAA. Currently, there is no widely recognized program by the Treasury Department that facilitates the direct transfer of federal tax credits to individual taxpayers through... View More

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 Uncategorized for North Carolina on
Q: can i sued my workplace for having my work vehicle towed from the property without notice?

i work for the USPS

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear about your situation with your work vehicle. It's important to understand the reasons behind the towing and whether any policies were violated by either party.

First, review your employment contract and the USPS policies regarding vehicle use and parking on...
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1 Answer | Asked in Employment Law and Immigration Law for North Carolina on
Q: I am on F1 STEM OPT, I have 2 job offers right now. 1. is a w2 role that is sponsoring for my h1b.

2. Is temporary full-time for 9 months and is not sponsoring me for H1B.

Can I join both and work for 2 40 hours? If yes, Will it affect h1b, if I get picked in the lottery? Both are e-verified and willing to fill training plan(i983 form).

James L. Arrasmith
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answered on Oct 9, 2024

Yes, you can take on both job offers while on STEM OPT, provided each position meets the OPT requirements. Both employers must be enrolled in E-Verify and you need to complete a separate Form I-983 training plan for each role. Ensure that both jobs are directly related to your field of study.... View More

1 Answer | Asked in Copyright for North Carolina on
Q: Would written summaries of published research articles, in which the journal owns the copyright, fall under fair use?

I am trying to determine the paramaters of copyright infringement and fair use when it comes to published research, but have found surprisingly little information online. I know facts are generally considered fair use, but does that still apply when most research articles exist behind a paywall and... View More

James L. Arrasmith
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answered on Oct 8, 2024

Determining whether written summaries of published research articles fall under fair use can be complex, especially when dealing with content owned by a journal. Fair use generally considers factors like the purpose of use, the nature of the work, the amount of the original used, and the effect on... View More

1 Answer | Asked in Civil Rights for North Carolina on
Q: Can I sue the prosecutor I had a pending felony charge for 3 years I couldn't get no job or house for me and my kids

It got dismissed last week can I sue

James L. Arrasmith
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answered on Oct 8, 2024

It’s understandable to feel frustrated after dealing with a felony charge hanging over you for three years, especially when it impacted your ability to get a job or housing. Generally, prosecutors have broad immunity from being sued for actions they take in their official role, including pursuing... View More

1 Answer | Asked in Uncategorized for North Carolina on
Q: What is the legal age to be gifted a handgun from family in the state of NC is it 18?

I was wanting to be gifted a handgun from my grandfather when i turn 18 is this legal?

James L. Arrasmith
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answered on Oct 10, 2024

In North Carolina, the legal age to receive a handgun is generally 21 years old. While family transfers are allowed without a federal firearms license, the recipient must still meet all legal requirements. This means that even if your grandfather wants to gift you a handgun when you turn 18, it... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: We have a summary judgement against us because our contractor didn’t pay his subs even though we paid him.

We have proof that we paid our contractor for the services.

Anthony M. Avery
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answered on Oct 8, 2024

If the summary judgment has already been entered, you must immediately hire a NC attorney to file a Rule 59 Motion, or some other Motions, to try to keep the house. Claiming exemptions or filing bankruptcy may be necessary.

1 Answer | Asked in Employment Law for North Carolina on
Q: Can 1099 employers be held to a noncompete clause?

Earlier this year I signed a contract containing a non-compete as a 1099 worker. The job is not working out due to not receiving adequate referrals from the company to financially sustain my responsibilities and livelihood. I am seeking employment elsewhere and am trying to figure out if it’s... View More

N'kia (NLN)
N'kia (NLN)
answered on Oct 8, 2024

You have identified at least 2 important issues. First, you may or may not have been properly classified. Second, your non-compete may or may not be enforceable. To some degree, the second might depend on the first. Many non-competes are not enforceable in North Carolina because they are not... View More

1 Answer | Asked in Business Formation, Business Law and Gov & Administrative Law for North Carolina on
Q: Can I start a security guard company by hiring qualified personnel? What are the requirements for this?

I was wondering if I could hire qualified people to work for my security guard business without having a security license myself.

James L. Arrasmith
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answered on Oct 20, 2024

Starting a security guard company involves several important steps beyond just hiring qualified personnel. First, you need to ensure that your business complies with local and state regulations. This typically includes obtaining a business license and registering your company with the appropriate... View More

1 Answer | Asked in Family Law for North Carolina on
Q: Questions about marital status in lottery registration

Every year during Green Card Lottery registration, I face an issue. Over 7 years ago, my wife and I separated, and I live with my daughter (without formal divorce). My wife refused to return home after a court order, and the court issued a "non-compliance" ruling, meaning she failed to... View More

Anna Farmer
Anna Farmer
answered on Oct 15, 2024

In North Carolina, you will stay married until you get a divorce. North Carolina does not recognize a "legal separation," so even if you are living apart from each other you are still technically married.

Depending on what your specific court order says, you may consider filing...
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