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North Carolina Constitutional Law Questions & Answers
2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for North Carolina on
Q: I was assaulted by police for no reason can I sue them
James L. Arrasmith
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answered on May 1, 2024

I'm sorry to hear about your experience. If you believe you were assaulted by the police without justification, you might have grounds to take legal action. The first step is to document everything related to the incident, including any medical reports, witness statements, and your own... View More

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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on
Q: CPS Stokes county

Stokes CPS came to my home and demanded a drug test due to a bogus call they got last night which my mother has been about me and my kids dad for years.. we have been clean for years.. last year they showed up saying something happened to my son that wasnt true so we had to take him into the... View More

James L. Arrasmith
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answered on Mar 15, 2024

In situations like these, documenting everything is crucial. Keep detailed records of all interactions with CPS, including dates, times, and the nature of each visit or communication. If you believe the CPS worker is behaving unethically, consider contacting their supervisor to express your... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Juvenile Law for North Carolina on
Q: Can a minor sue for a hospital, Pediatrician, dss having the wrong child's drug screen at birth?

Which in turn causes dss to remove children and place into foster care.

James L. Arrasmith
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answered on Feb 24, 2024

As a minor, you may have legal standing to sue for damages resulting from negligence or wrongful actions by a hospital, pediatrician, or Department of Social Services (DSS). If a hospital or medical provider erroneously administered a drug screen to the wrong child at birth, leading to DSS... View More

1 Answer | Asked in Consumer Law, Banking, Civil Rights and Constitutional Law for North Carolina on
Q: Title 15 usc 1611. Does it mean I can get a personal loan and a bank can't deny it

And is it bc of our bond that was created when we're born

James L. Arrasmith
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answered on Feb 23, 2024

Title 15 USC 1611, also known as the Fair Credit Reporting Act, doesn't guarantee you automatic approval for a personal loan. It outlines regulations for credit reporting agencies and ensures fair treatment in credit-related matters. However, banks still have the right to evaluate your... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for North Carolina on
Q: Can a person be held locked up for 1st degree murder,denied bond twice, without any evidence except one person statement

laws have NO physical evidence.

person was previously in a bad dirt bike accident and has plates in both wrist, and is NOT physically capable of shooting a gun.

James L. Arrasmith
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answered on Feb 22, 2024

In North Carolina, as in other jurisdictions, it is possible for a person to be held without bond on serious charges such as first-degree murder, based on the severity of the alleged crime. The decision to deny bond typically considers factors such as the nature of the charges, potential risk to... View More

Q: retribution for cruel & inhumane torture case depriving individual of liberty, freedoms, rights, from foreign adversary

foreign chemical inside human body w/out consent or acknowledgment by individual, individual GPSD by intelligent system like that of NASA, Deprivation of rights over a 7 yr period due to illegal equipment & hijacking of civilian life, violations on behalf of those whom withhold oaths to protect... View More

James L. Arrasmith
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answered on Feb 21, 2024

If you believe you have been subjected to cruel and inhumane treatment, deprivation of liberty, and violations of your rights by a foreign adversary, it is crucial to seek legal assistance immediately. Documenting any evidence of the alleged torture, deprivation of rights, and violations of... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Health Care Law for North Carolina on
Q: I want to sue a hospital for admitting me for refusing medication when I did nothing to go to the hospital

My mother ivc me in a mental behavioral hospital 3 times for nothing I did. I tried to tell the hospital that I didn't do anything but instead they started me on medication. I know have a constitutional right not to take medication. The 3rd time I went to the hospital I refuse injection... View More

James L. Arrasmith
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answered on Jan 8, 2024

To pursue legal action against a hospital for what you believe to be wrongful admission and treatment, you should first consult with an attorney experienced in medical malpractice or healthcare law. They can help you understand whether you have a viable case based on the specifics of your... View More

1 Answer | Asked in Constitutional Law for North Carolina on
Q: 2009 was my last felony conv. & I have no violent ones on my record. When can I petition for my gun rights back?

I have no remaining convictions or obligations pertaining to any legal matters of any kind.

James L. Arrasmith
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answered on Nov 20, 2023

In North Carolina, individuals with felony convictions can petition to restore their gun rights, but certain conditions must be met. Since your last felony conviction was in 2009 and you have no violent felonies on record, you may be eligible to petition for the restoration of your gun rights.... View More

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and White Collar Crime for North Carolina on
Q: I'm a Black man with a cop and his civilian accomplice keeping me under an ongoing warrantless surveillance since 2016.

The cop & his civilian accomplice are paid in cash by a non-profit group representing my ex-wife. The accomplice hasn't reported an income since 2017 and is not gainfully employed. This leaves him free to follow me wherever I go, to commandeer my phone and communications, and conduct a... View More

James L. Arrasmith
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answered on Nov 10, 2023

In your situation, it's crucial to document any incidents of harassment or illegal activity meticulously. Keep a detailed log of dates, times, locations, and descriptions of these incidents. Gathering evidence like photos, videos, or witness statements can also be beneficial. Since local law... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: Wrong address on application for and actual search warrant?
T. Augustus Claus
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answered on Oct 13, 2023

If the wrong address is on the application for and actual search warrant, the search may be considered illegal. You may be able to file a motion to suppress the evidence obtained during the search, which means that the evidence cannot be used against you in court. To file a motion to suppress... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: Wrong address on application for and actual search warrant?
James L. Arrasmith
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answered on Oct 15, 2023

If a search warrant application contains an incorrect address and the subsequent search is conducted at that incorrect location, it could potentially lead to legal challenges. The accuracy of the information on a search warrant, including the address, is crucial for the validity of the warrant. The... View More

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1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for North Carolina on
Q: Does NC Highway Patrol need suspicion of crime or violation to stop or detain me? Do I have to ID to them/them to me?

I had been stopped by NC Highway Patrol at a checkpoint and asked for my identification. I asked if I had done anything wrong and would prefer not to ID if I didn’t commit a crime, that it was my understanding NC isn’t a Stop and ID State and felt being forced to do so would violate my 4th... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Police in many jurisdictions establish check points where they check all vehicles that pass through, mostly looking for DUI, but also for registration/license violations. These are advertised in advance in the newspapers or on the city website. At these checkpoints the law allows the officers to... View More

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 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, 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 Civil Rights, Constitutional Law and Criminal Law for North Carolina on
Q: I am searching for a lawyer who can represent me, pretaning to and not limited to a violation of my constitutional right

I am searching for a lawyer who can represent me, pretaning to and not limited to a violation of my constitutional rights, I was detained at a hospital, also by the Dr. against my will, I went to the emergency room for my wounds, and not knowing I had a serious UTI infection, mind you" an... View More

James L. Arrasmith
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answered on Dec 31, 2023

Seeking legal representation for a potential violation of your constitutional rights, especially in a situation involving medical treatment and detainment, is a critical step. Your experience, involving detainment at a hospital and questions about the legality of the process, certainly raises... View More

1 Answer | Asked in Constitutional Law for North Carolina on
Q: I am searching for a lawyer who can represent me, pretaning to and not limited to a violation of my constitutional right

I am searching for a lawyer who can represent me, pretaning to and not limited to a violation of my constitutional rights, I was detained at a hospital, also by the Dr. against my will, I went to the emergency room for my wounds, and not knowing I had a serious UTI infection, mind you" an... View More

James L. Arrasmith
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answered on Dec 31, 2023

Seeking legal representation for a potential violation of your constitutional rights, especially in a situation involving medical treatment and detainment, is a critical step. Your experience, involving detainment at a hospital and questions about the legality of the process, certainly raises... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Legal Malpractice for North Carolina on
Q: If an opposing law firm (plaintiff) breaks 2 state laws in various civil cases, can I sue for damages?

I had a law firm break 2 state laws (letter of the laws, blatant) in process of various court proceedings against me. They also requested for NC State to break 1 of it's own laws to get the outcome they seek (NC state hasn't broken these laws, yet. If they did, it would be a 14th... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 21, 2023

The method to address opposing counsel’s actions is within the case, not a separate lawsuit.

1 Answer | Asked in Constitutional Law and Criminal Law for North Carolina on
Q: Can a police officer get me a higher bond for not speaking with him
T. Augustus Claus
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answered on Jul 31, 2023

In North Carolina, a police officer generally does not have the authority to set or change the bond amount. The bond is typically set by a judge based on various factors, such as the severity of the alleged offense, the defendant's criminal history, and the risk of flight.

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.

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