You should take this very seriously — fraud involving “disposal of mortgaged property” is a criminal charge in North Carolina under G.S. § 14-112.1.

Even if this started as a misunderstanding, you should:

Do not contact the lender directly until you’ve spoken with an... View More

You mentioned that your case arose from you defending yourself. Self- defense cases can be especially tricky and hard to prove (and this is one of those rare defense situations where you as the defendant have to prove something to succeed).

If your experienced attorney (the attorney who... View More

You’ve already taken the right first steps by reporting to FMCSA, OSHA, and the OIG — those agencies handle many whistleblower retaliation cases in the transportation industry.

Next, you should:

File a whistleblower retaliation complaint with OSHA under the Surface... View More

Yes, you likely can get your 1997 felony expunged.

North Carolina now allows people to clear nonviolent felonies after 10 years if they’ve stayed out of trouble. Since your breaking and entering charge was from 1997 and you haven’t had any new felonies, you probably qualify. The... View More

In North Carolina, anyone who is the subject of an involuntary commitment (IVC)—including a minor—has important legal rights, including the right to an attorney.

Under N.C. Gen. Stat. § 122C-268(d), a person facing an involuntary commitment hearing must be represented by counsel. If... View More

You’re describing both criminal and civil issues — privacy invasion, assault, and possibly an illegal rental arrangement. Here’s how to protect yourself and take proper legal steps:

File a criminal report immediately.

You’ve already called the police, but you should go to... View More

Those are serious felonies in NC:

Discharging a firearm into an occupied dwelling/vehicle (G.S. 14-34.1) is typically a Class E felony (higher if someone is seriously injured).

Criminal conspiracy generally carries the same class as the target offense (often one class lower if... View More

Both you and your mother are charged with misdemeanors, so it’s important to handle the case carefully.

Get a court-appointed lawyer.

At your first court date, tell the judge you can’t afford an attorney and ask for one to be appointed. Once assigned, your lawyer can review the... View More

I practice in Haywood semi-regularly, and the ADAs in District Court are reasonable. The class you took was a smart idea and may help you get the result you want. I don't think they are likely to expend any further resources on this type of crime in the way of the diversion programs you... View More

This depends on whether there are any court orders or bail conditions that may prevent you from accessing digital devices. If not, and If you need to change your phone number to regain access to your Microsoft account, you are entitled to do this. Although your devices may have been seized, this... View More

There is a lot to unpack there. Firstly, he didn't marry anyone. If she was married to someone else when she "married" that elderly man, the marriage to the elderly man is void (bigamy is illegal in NC).

Secondly, if she abused his funds, she could be guilty of a felony... View More

Given that you said after your "plea" but that it was "dismissed" I presume you got a deferred prosecution or conditional discharge in which you pled to an offense and then were on probation for a period of time and after you complied they dismissed the charge(s). If so, the... View More

You can certainly hire a lawyer in your county to file for a modification of the terms of probation to either terminate (which probation officers usually want if you're otherwise in full compliance with the original judgment) or to transfer you to unsupervised probation. If the judge... View More

That's a lot, but there is no firm number.

Why are they withdrawing? If it is because they discover a conflict once involved, they are doing the proper thing. Finding conflicts isn't uncommon especially if it is a complicated case with a lot of potential names/targets. You see... View More

That's bizarre. Many people get court-appointed lawyers at first and then hire their own counsel once they have time to raise funds to do so. I'm not sure why any attorney who wants to make money would hesitate to talk to someone represented by a court-appointed one.

That said,... View More

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... View More

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... View More

Brian King Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2024

Parties who are considering tracking their spouses’ movements can refer to North Carolina General Statute §14-196.3(b)(5). This statute both defines the state’s understanding of an electronic device and notes that to install such a device, the installer must have their name on the affiliated... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

If the evidence used to search your property was falsified, you may have grounds to overturn your conviction. Given that the witness claims they never contacted the police and is willing to testify to that under oath, this new evidence could be crucial. You should file a motion to withdraw your... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

This situation involves potential fraud related to Flexible Spending Accounts (FSAs) and health insurance claims. Here's an overview of the legal implications and potential penalties:

1. FSA and Insurance Fraud:

What you've described could be considered fraud against both... View More