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North Carolina Criminal Law Questions & Answers
1 Answer | Asked in Consumer Law, Criminal Law and Personal Injury for North Carolina on
Q: My things were in a fire at a storage facility. The biz isn't letting me look through my destroyed unit for salvage.

I feel like I'm getting the runaround from this company. At first they told me a customer used a code to get in and set it on fire, and now they're telling me they cut their way in and did the same.

The problem is this: I think some things survived in this fire, but they... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 8, 2024

Your property should be covered by your homeowners or renters insurance policy. Turn in an insurance claim and your own insurance company will help you get access.

If you did not have insurance, that's too bad because most likely the storage facility is not at fault whether a customer...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: My phone was taken as evidence a year ago. I know there is no evidence on the phone.its been a year. How do I get it bac
Lynn  Norton-Ramirez
Lynn Norton-Ramirez
answered on Mar 4, 2024

It depends if the case or investigation that precipitated the seizure of the phone is still pending. If it has been closed, a Return of Property order signed by the judge and addressed to the law enforcement body in possession of the phone is recommended. If the investigation and/or case is... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: I got a felony violation charge just to get off probation, is this something that happens a lot and can I do anything?
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answered on Mar 1, 2024

In North Carolina, receiving a felony violation charge as a means to expedite the termination of probation is not a standard legal procedure and is generally not advisable due to the significant negative consequences of having a felony conviction on your record. Such an action could result in... 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

1 Answer | Asked in Criminal Law for North Carolina on
Q: I had a felony expunged. It still shows up on records like truth finder. How it this removed. It's 30 years old
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answered on Jan 26, 2024

First, verify that the expungement order was properly processed and filed. If the expungement was done correctly, reach out to the relevant authorities or agencies to request a thorough update of their records. Additionally, contact TruthFinder directly to inquire about their data sources and... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: My friend has 17 dismissals with leave in North Carolina from 2007 tell 2020 what does this mean.
Brad Trexler
Brad Trexler
answered on Jan 22, 2024

Dismissals with leave put this case in a sort of purgatory where they are still alive but will not be put on the docket. Most likely these cases will prevent your friend from getting a valid license but will not have much other consequence as the cases should not have any active warrants for arrest... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and Juvenile Law for North Carolina on
Q: neighbor videoed my 2 year old daughter while she was standing naked in our doorway on our property what can I do
James L. Arrasmith
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answered on Jan 11, 2024

If your neighbor videotaped your two-year-old daughter while she was naked on your property, this is a serious concern that may involve privacy and child protection laws. In North Carolina, it's illegal to photograph or record a minor in a state of undress without consent, and this can... View More

1 Answer | Asked in Criminal Law and Immigration Law for North Carolina on
Q: CAN A PERSON WITH MISDEMEANOR LARCENY CALSS1 IN NORTH CAROLNA HAVING A GREEN CARD FOR THE PAST 5 YEARS TRAVEL ABROAD?

DOES THIS COME UNDER PETTY THEFT ECEPTION AS THE AMOUNT WAS $989 AND THE CASE HAS BEEN DISSMISSED AND GONE FOR EXPUNGE.

James L. Arrasmith
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answered on Dec 13, 2023

In your situation, having a green card and a dismissed misdemeanor larceny charge in North Carolina, you generally have the ability to travel abroad. However, there are a few important considerations to keep in mind.

Firstly, the nature of your charge and its dismissal can play a crucial...
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1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Communications Law for North Carolina on
Q: So if The person recording everything about a day is the only person knows that they're recording it still legal

My wife wants me to record everything that happens at work if I'm not on call with her, is that still legal if I'm the only person who knows that they're recording is there and I'm the only person consenting to it but no one else knows is that even legal

James L. Arrasmith
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answered on Dec 5, 2023

In North Carolina, the legality of recording conversations hinges on the state's consent laws. North Carolina is a "one-party consent" state, which means that as long as you are a party to the conversation, you can legally record it without needing to get permission from the other... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: How much additional parole time can be given for a second felony parole violation?

Specifically, failure to register a new address for the sex offender registry.

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answered on Oct 30, 2023

For a failure to register a new address for the sex offender registry, the additional parole time can range from 12 to 36 months.

The Parole Commission also has the discretion to waive the additional parole time requirement if the offender can show a legitimate reason for the violation....
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1 Answer | Asked in Criminal Law for North Carolina on
Q: What is the statue of limitations on committing perjury against an individual
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answered on Oct 24, 2023

In North Carolina, the statute of limitations for perjury against an individual is generally two years. This means that charges for perjury must be filed within two years of the alleged false statements being made. However, the specific application of the statute of limitations can depend on... 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?
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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 Criminal Law for North Carolina on
Q: Name is spelled wrong on warrant and court docet. Time and time again even after being brought to attention.

Is that grounds for dismissal

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answered on Sep 12, 2023

In North Carolina, errors in the spelling of a name on a warrant or court docket are typically considered clerical mistakes or typographical errors. These errors, on their own, are usually not sufficient grounds for automatic dismissal of a case. However, the significance of the error depends on... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: Can the law find drugs on you and let you go and then come back later and arrest you for them if you don't snitch

There were no arrest or charges made

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answered on Sep 11, 2023

The decision to cooperate with law enforcement, commonly referred to as "snitching," is a complex personal choice. While it may lead to leniency or reduced charges in some cases, it also comes with potential risks, including personal safety concerns. Legal counsel is often essential when... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Tax Law for North Carolina on
Q: If I pled guilty to a conspiracy to traffic in federal court do I have to pay a drug tax no drugs were ever found

No drugs were ever taken off my person or from my house. This is a conspiracy charge. The people that showed up to my house said they was taking my property even though they knew they was sending the notices to the wrong address. I had no clue I even owed this 7000.00 in STATE DRUG TAXES. the state... View More

James L. Arrasmith
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answered on Sep 11, 2023

Handling federal criminal charges and the related repercussions, including any potential drug tax assessments, can be incredibly complex. Generally speaking, federal and state proceedings are separate and the obligations or liabilities arising from them might be distinct. Given the gravity of your... View More

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: When an appeal case says published opinion, does it have legal authority?
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answered on Aug 30, 2023

In North Carolina, a "published opinion" refers to a written decision issued by an appellate court that carries legal authority, although the level of authority can vary. Such opinions serve as precedents and provide guidance for interpreting and applying the law. When an opinion is... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: If my Bond is released to a rehab facility can I switch rehabs or once I leave the first one do I have to go to jail
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answered on Aug 17, 2023

If your bond has been released to a rehab facility in North Carolina, the specific conditions and terms of your release will depend on the court's orders, the terms of your bond, and any agreements made with the court or legal authorities.

In general, if you're released to a rehab...
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2 Answers | Asked in Criminal Law for North Carolina on
Q: can a judge tell you that if you dont have an attorney set by such and such date that you have to represent yourself?
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answered on Jul 18, 2023

In criminal cases, individuals have the right to legal representation, whether it's through a privately hired attorney or a court-appointed attorney if they can't afford one. Now, the timing and specifics can vary, but generally, a judge will encourage you to have legal representation to... View More

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2 Answers | Asked in Criminal Law for North Carolina on
Q: can a judge tell you that if you dont have an attorney set by such and such date that you have to represent yourself?
N'kia (NLN)
N'kia (NLN)
answered on Jul 21, 2023

North Carolina judges often say this to defendants who have previously delayed proceedings based on the fact that they haven't yet hired an attorney to represent them. This is really just a way of saying that the trial is scheduled to move forward on the next court date, regardless of whether... View More

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