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North Carolina Civil Rights Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Civil Rights for North Carolina on
Q: If I think the jury was prejudice in a civil trial, can I appeal it?

Our landlord never fixed anything in the building we were renting for our business and we couldn't open. Back at Covid, he told us not to worry about rent "until we were up and going". The roof was leaking and ruining the carpet with mold and the AC/heat never worked. We ran a sports... Read more »

N'kia (NLN)
N'kia (NLN)
answered on Mar 25, 2023

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...
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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... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
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
PREMIUM
James L. Arrasmith PRO label
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... Read 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... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
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... Read more »

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for North Carolina on
Q: If I think the jury was prejudice in a civil trial, can I appeal it?

Our landlord never fixed anything in the building we were renting for our business and we couldn't open. Back at Covid, he told us not to worry about rent "until we were up and going". The roof was leaking and ruining the carpet with mold and the AC/heat never worked. We ran a sports... Read more »

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Mar 1, 2023

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... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for North Carolina on
Q: Can I file a grievance against a 3 Georgia deputy sheriffs for not allowing me to attend my brothers funeral.
Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 5, 2023

It is understandable that you would be upset if you were not allowed to attend your brother's funeral. If you wish to file a grievance against the deputies, you may be able to do so through their employer, the sheriff's department. You can try contacting the department to find out more... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for North Carolina on
Q: Is it illegal (criminally or civilly) to forge timestamps on a commitment custody order?

I am the victim of criminal abuse of the civil commitment process. Among the wrongdoings committed was the officer deliberately entering false timestamps on the custody order for the time taken into custody and time delivered to the examination unit. He deliberately entered both times as exactly... Read more »

W. Scott Harkey
PREMIUM
W. Scott Harkey PRO label
answered on Jan 4, 2023

Forgery of Writings is a common law offense in North Carolina. Common law forgery occurs when someone 1) falsely makes or alters a writing; 2) at the time the person made or altered the writing they intended to defraud; 3) the writing appeared to be genuine; and 4) the writing, if genuine, would... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: In North Carolina, what court cases would include a firearm or something about the ownership rights using judicial?
Nick Benjamin
Nick Benjamin
answered on Dec 14, 2022

Please rephrase your question and give it context, I’m not sure what you’re asking.

1 Answer | Asked in Consumer Law and Civil Rights for North Carolina on
Q: Can I sue vivint for soliciting? I have a sign on my front door
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 14, 2022

How were you damaged by the solicitation? Were you only inconvenienced, or did you suffer severe mental or physical pain and anguish? Unless you were severely affected, it isn't worth suing. You can't sue an out of state company in small claims court, you would have to sue in District... Read more »

1 Answer | Asked in Estate Planning and Civil Rights for North Carolina on
Q: My grandfather wanted me to have his truck when he past away. And now my grandmother will not give it to me.

He called me to his house about two months before he past away. My grandmother was in the same room in heard the conversation. He wrote out a letter in everything explaining where the truck goes to. So when he past away she put the title in her name, and will not let me have it knowing where her... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Nov 15, 2021

Unfortunately what you are describing is a gift and a gift is not complete until you receive it. Since the title was never transferred over to you you never received the gift. If there are no other facts this is how a court would view this matter.

If your grandfather had left it to you in...
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2 Answers | Asked in Car Accidents, Civil Rights and Personal Injury for North Carolina on
Q: Can police refuse a request to breathalyze the other party at an accident when asked to do so by the other motorist?

A red light was run and the police refused to breathalyze the driver even though I requested them to. He was notably impaired. His excuse was ‘the guy was a doctor’ and he didn’t have probable cause

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 5, 2021

In answer to your question, yes. I don't think his excuse is valid however law enforcement is not require to have each driver involved in a MVA given a breathlyzer test. Now, if you think the law enforcement really breached his duties, then you can assert a complaint with his supervisor or... Read more »

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Q: Husband picked up from store. do evaluation a year ago. He was found to not be harmful to himself or others. Supposed to

Have been sent back to sending district but instead sent somewhere else for another evaluation. His due process rights are being violated. He’s had covid and treated unfairly. beaten Been sent all over the place this last year. It’s been pure hell for him. We are married and have been together... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2021

Contact the North Carolina Civil Liberties Union. Ask for the names of their "cooperating attorneys" on civil commitement issues. They give free consultations.

https://intake.acluofnc.org/

1 Answer | Asked in Civil Rights for North Carolina on
Q: If I am a widow,do I have to changed my married name before I remarry?
Ben Corcoran
PREMIUM
Ben Corcoran
answered on Sep 1, 2021

You never have to change your name if you don't want to. I would actually advise against it. I have seen how much paperwork you have to go through, and unless you really want to change your name, I wouldn't do it.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for North Carolina on
Q: Do I have the right to NOT answer the ? if I have had the covid vaccine to my employer?

I agreed to still wear a mask but was told if I don’t answer the assessment questions then I cannot work.

Can they discriminate against me for that?

Kirk Angel
Kirk Angel
answered on May 22, 2021

You do not have to answer. However, the employer can terminate you for not answering.

1 Answer | Asked in Civil Litigation, Civil Rights and Environmental for North Carolina on
Q: In what way are the powers of the STATES limited?

State constitutions, Executive Orders, ect.

Tim Akpinar
Tim Akpinar
answered on May 9, 2021

A fundamental way is through the Constitution's Supremacy Clause, which essentially states that the Constitution, federal laws, and treaties are the "Supreme Law of the Land" and take priority over conflicting state laws.

Here's the actual text (Article VI) "This...
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1 Answer | Asked in Family Law, Civil Rights and Social Security for North Carolina on
Q: How do I get legal representation for a hearing if I am legally declared incompetent
Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Mar 15, 2021

It is not clear what type of hearing you are asking about. Typically the person who is your legal guardian can arrange for representation in a legal matter. If you are asking about getting legal representation for a competency hearing then you will be appointed someone by the Court - just tell them... Read more »

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Civil Rights for North Carolina on
Q: Can I move back to the marital home if my spouse moves out after he was granted possession with a DVPO?

He'll tell the real estate agent he is moving out. If he is gone for 30 days and I'm there, I have a right to privacy. He wants to move in with the other woman to sell the house. He was granted possession. The home is jointly owned by myself and him. I can cancel the sale before the 45... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Mar 1, 2021

I am answering these questions as if the house is in NC, I am not sure given that your address is listed in VA, if the house is in VA then my answers may be wrong.

If he was granted possession then no you cannot move back in without something terminating his exclusive possession....
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1 Answer | Asked in Civil Rights and Consumer Law for North Carolina on
Q: Hi I received a check on the mail pertaining to this case and I wanted to know if I could take further action ?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 13, 2021

Please repost your question with more specifics. What kind of check and what "case"?

2 Answers | Asked in Consumer Law, Copyright and Civil Rights for North Carolina on
Q: How can I find opinions of Amy Coney Barrett
Tim Akpinar
Tim Akpinar
answered on Sep 26, 2020

The Supreme Court's blog has a new page that summarizes her career highlights, and it mentions several cases. Here is the link:

https://www.scotusblog.com/2018/07/potential-nominee-profile-amy-coney-barrett/

Good luck

Tim Akpinar

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