You should have presented that evidence in your adjudication hearing for the court’s consideration. If you did not, you may have missed the opportunity to do so.

If you did present that evidence during the hearing, you can appeal the court decision.

As for “filing” against... View More

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... View More

There is not an appeal "question" in this post. I am not a NC lawyer, but if you truly want to appeal the decision, I would recommend legal representation. A core issue to be addressed on appeal is why do you need a pistol permit.

First, I am not a North Carlonia attorney. But from your question, the answer is YES. The appellate court usually receives the entire record from the trial court--including any transcript (assuming you have ordered them). So the transcript of the motion for reconsideration or any other transcript... View More

Juror complaints can hint at something bad, but they can also just be complaints. But it is absolutely crucial to file for appeal before the deadline passes, as failure to meet an appeal deadline is considered a complete waiver of the right to appeal later.

[As a side note, generally... View More

First, I am not a North Carolina lawyer. But if you think the civil jury was prejudiced, you possibly could appeal that ONLY IF you or your trial counsel made an objection to the makeup or composition of the jury AND the trial judge overruled that objection. The appeal process is usually focused on... View More

yes, they can appeal if it’s motion to suppress.

First, I am not a NC attorney. That being said, I suppose you could file another motion for a temporary stay. But that motion will probably be denied as the first one was, unless you can show a material change in your favor.

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2021

A remainderman cannot also have a life estate. The interests merge and he would have the fee, although it occasionally may not be absolute and subject to other encumbrances or conditions. It is possible for others to have simultaneous life estates which encumber the other's fee. I suggest... View More

First, I am not a North Carolina lawyer. That being said, I think--unless there's an exception in NC law that I don't know about-- the filing of any appeal does not automatically stay the ruling or any order in the trial court (or any agency, etc.). The appellant must file a motion to... View More

I don't have a direct answer at all. But, just so you get a sense for how school staff treat students involved in disciplinary actions (these mostly deal with a spectrum of sexual behaviors) check out all that I regularly blog about. You may well come out with a view that whether or not you... View More

It would be best if a North Carolina attorney advised you, but you await a response for four weeks, and the whole matter may be moot by now if you already had the hearing you mention. But as a general matter, attorneys should be able to share information with clients - their role essentially makes... View More

There is generally a $175 court fee to file for an expunction. The fee for an attorney's assistance is going to range depending on whether you're entitled to statutory relief (will automatically happen depending on your age at the time a crime was committed and the age and nature of the... View More

It's generally 3 years full-time, or 4 years part-time at night. Some schools have accelerated programs. Depending on the institution, you take mandatory core courses that generally include contracts, torts, constitutional law, property law, criminal law, wills/trusts, legal writing,... View More

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answered on Feb 2, 2019

In North Carolina, just like making a u-turn, you are allowed to turn right on red if it is safe to do so and not marked that you can not do so.

Yes.

Thanks for your inquiry.

We normally take a look at the official record before we comment on availability. That's because sometimes things are different in the official record than people understand or recall.

Danny Glover is Elizabeth City is excellent. Here's his... View More

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answered on Aug 3, 2018

Is there some way I can . . . (fill in the blank with what ever legal issue you have). Yes, there is - hire an attorney who knows what they are doing. If you had transmission trouble and you aren't a mechanic, you'd never think to yourself, you know what, I'mma pull that sucker out... View More

GREAT QUESTION

In large measure, it depends on what the Court of Appeals Orders. It may send it back to the Superior Court (or District Court if a Family Law legal matter) for further findings. It may result in a re-trial. It could result in the imposition of a Judgment and it could end... View More

More information is likely necessary to answer the question. It SEEMS like the inquiry is whether the Probation Officer can require the person on probation to live somewhere where there aren't guns.

That's certainly an interesting fact-scenario, especially nowadays, when... View More