North Carolina Questions & Answers by Practice Area
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North Carolina Questions & Answers
Q: I had an unsecured credit card. lost my job and missed 4 payments. they sold it to a collection agent. I am now on mili
Paige Kurtz's answer
If the debt has not been paid, the credit company or whomever owns the debt can file legal action against you to collect the debt. If that occurs, you should consult with an attorney to discuss your options.
If the debt has not been paid, the credit company or whomever owns the debt can file legal action against you to collect the debt. If that occurs, you should consult with an attorney to discuss your options.
Q: Can you be charged for felony breaking and entering the building of a coin opperated landry mat that is open to the publ
Bill Powers' answer
GREAT QUESTION
That's certainly interesting. More information would likely be helpful, especially regarding what happened once inside the coin-operated laundry.
Given all the different possibilities, it likely is going to take a longer conversation with a lawyer to review things for a more thorough answer.
Here's more info on NC Larceny charges: https://www.carolinaattorneys.com/larceny-embezzlement-fraud.html
Best bet: Seek legal representation ASAP....
GREAT QUESTION
That's certainly interesting. More information would likely be helpful, especially regarding what happened once inside the coin-operated laundry.
Given all the different possibilities, it likely is going to take a longer conversation with a lawyer to review things for a more thorough answer.
Here's more info on NC Larceny charges: https://www.carolinaattorneys.com/larceny-embezzlement-fraud.html
Best bet: Seek legal representation ASAP....
Q: I need to get an ID for my job but I have an order for arrest for Litter/not 15lbs and violation of court order for not
Bill Powers' answer
Good Question
Normally DMV doesn't arrest people for the outstanding process (OFA Order for Arrest or Criminal Summons).
I have heard of cases where they've (DOT/DMV) called law enforcement, especially if someone drove on a revoked license or appears impaired at the DMV Office.
In any event, it makes sense to retain legal counsel.
Not sure why a Magistrate would say, "Just take care of it." Suspect something more is going on, as that's where one would...
Good Question
Normally DMV doesn't arrest people for the outstanding process (OFA Order for Arrest or Criminal Summons).
I have heard of cases where they've (DOT/DMV) called law enforcement, especially if someone drove on a revoked license or appears impaired at the DMV Office.
In any event, it makes sense to retain legal counsel.
Not sure why a Magistrate would say, "Just take care of it." Suspect something more is going on, as that's where one would...
Q: Can my daughters father just pop in and see her whenever its convenient for him?
Amanda Bowden Houser's answer
You are using terms like "Which I am fine with" and "Im trying to LET him have a relationship with her" as if you have some sort of right to control or dictate whether he does or doesn't - you don't - that's likely why you are seeking custody through the court (an authority that does have that power). As to whether he can pop in and out whenever he feels like it, sure he can - as long as you allow it. As to what things seem like, who cares? It's how things actually are that matters and if...
You are using terms like "Which I am fine with" and "Im trying to LET him have a relationship with her" as if you have some sort of right to control or dictate whether he does or doesn't - you don't - that's likely why you are seeking custody through the court (an authority that does have that power). As to whether he can pop in and out whenever he feels like it, sure he can - as long as you allow it. As to what things seem like, who cares? It's how things actually are that matters and if...
Q: What can I do about my child being withheld from me?
Amanda Bowden Houser's answer
We you have transmission trouble - you call a mechanic. When you have a legal issue you call an attorney. In your case specifically, a family law attorney.
We you have transmission trouble - you call a mechanic. When you have a legal issue you call an attorney. In your case specifically, a family law attorney.
Q: If a 14 year old got pregnant what would happen to her? Would she be sent somewhere away from home or something???
Amanda Bowden Houser's answer
The person who got her pregnant would likely be charged with statutory rape. A 14 year old can not legally consent to sex. As to what happens to her, that is largely up to her parents or guardians.
The person who got her pregnant would likely be charged with statutory rape. A 14 year old can not legally consent to sex. As to what happens to her, that is largely up to her parents or guardians.
Q: Ask TAX question for selling apartment oversea (<240k)
Michelle D. Wynn's answer
You will need to declare the income on your 2018 income tax return when you file it next year. If the money was held in a foreign bank or other account, you may also have other filing obligations such as a requirement to file an FBAR or an IRS Form 8938. I suggest you use a professional to prepare your 2018 income tax return and any other required documents. Make sure that the person is experienced in handling foreign income and assets, as this is a very specialized area of tax law.
You will need to declare the income on your 2018 income tax return when you file it next year. If the money was held in a foreign bank or other account, you may also have other filing obligations such as a requirement to file an FBAR or an IRS Form 8938. I suggest you use a professional to prepare your 2018 income tax return and any other required documents. Make sure that the person is experienced in handling foreign income and assets, as this is a very specialized area of tax law.
Q: Cops mistakenly returned evidence to me
Bill Powers' answer
GREAT QUESTION
First and foremost, Rockingham NC is still somewhat "small town" NC. Law enforcement, even in Richmond County NC, can and do review internet postings.
So it makes sense to limit public posts Justia or other legal message board, especially regarding very specific fact patterns and allegations of criminal charges.
And because of that, the best thing to do is to sit down with an experienced criminal defense attorney, where attorney-client privilege...
GREAT QUESTION
First and foremost, Rockingham NC is still somewhat "small town" NC. Law enforcement, even in Richmond County NC, can and do review internet postings.
So it makes sense to limit public posts Justia or other legal message board, especially regarding very specific fact patterns and allegations of criminal charges.
And because of that, the best thing to do is to sit down with an experienced criminal defense attorney, where attorney-client privilege...
Q: Was buying a car had it insured used my tags to test drive the car from my other car was in accident got fictiactious ta
Bill Powers' answer
Need more info, specially the nature and type of the criminal charges or NC traffic ticket.
IF it involves some sort of "unsafe movement" violation in Orange County NC, there may be legal options available. In Mecklenburg County, we often present proof of insurance coverage for the claim and seek dismissal of the UNIFORM CITATION.
The NC traffic laws define that as:
The driver of any vehicle upon a highway or public vehicular area before starting, stopping or turning...
Need more info, specially the nature and type of the criminal charges or NC traffic ticket.
IF it involves some sort of "unsafe movement" violation in Orange County NC, there may be legal options available. In Mecklenburg County, we often present proof of insurance coverage for the claim and seek dismissal of the UNIFORM CITATION.
The NC traffic laws define that as:
The driver of any vehicle upon a highway or public vehicular area before starting, stopping or turning...
Q: My ex wife was charged with DUI, Mis. Child Abuse, driving while license revoked, and a couple other minor infractions.
Amanda Bowden Houser's answer
There is no 'winning' issues like this only degrees of losing and there are never any 'guarantees' . Couples who are smart, work things out fairly themselves, for their own benefit and the benefit of the child and pay a flat rate fee of $250 for a simple parenting agreement to end up with 50/50 custody. Couples who aren't, pay a "ridiculous amount of money" to have strangers decide things for them that they likely could have decided themselves for free or very low cost. That said, sometimes...
There is no 'winning' issues like this only degrees of losing and there are never any 'guarantees' . Couples who are smart, work things out fairly themselves, for their own benefit and the benefit of the child and pay a flat rate fee of $250 for a simple parenting agreement to end up with 50/50 custody. Couples who aren't, pay a "ridiculous amount of money" to have strangers decide things for them that they likely could have decided themselves for free or very low cost. That said, sometimes...
Q: Do I need court record and a written letter?
1 Answer
| Asked
in
Immigration Law and Animal / Dog Law
for
North Carolina
on
Answered on Aug 9, 2018
Answered on Aug 9, 2018
Hector E. Quiroga's answer
Regarding the animal cruelty issue: it will depend, first of all, on the statute under which you are charged. Also, you say you pled guilty and that your case was dismissed. If you pled guilty, your case was not likely dismissed, and there were likely charges. You will want to consult with an immigration attorney familiar with criminal law in your area to find out the possible implications in your case.
It is also likely that, because this all happened more than five years ago and is...
Regarding the animal cruelty issue: it will depend, first of all, on the statute under which you are charged. Also, you say you pled guilty and that your case was dismissed. If you pled guilty, your case was not likely dismissed, and there were likely charges. You will want to consult with an immigration attorney familiar with criminal law in your area to find out the possible implications in your case.
It is also likely that, because this all happened more than five years ago and is...
Q: How likely will I get accepted for Advance Parole and how long does it take to receive the documentation?
Hector E. Quiroga's answer
You can make an expedite request under the circumstances. There isn’t any reason why you shouldn’t expect an approval, especially if you include solid evidence regarding your grandmother’s situation.
You can make an expedite request under the circumstances. There isn’t any reason why you shouldn’t expect an approval, especially if you include solid evidence regarding your grandmother’s situation.
Q: No custody order. Can I keep my daughters father from having unsupervised visitation with her?
1 Answer
| Asked
in
Child Custody, Child Support, Domestic Violence and Family Law
for
North Carolina
on
Answered on Aug 9, 2018
Answered on Aug 9, 2018
Amanda Bowden Houser's answer
You don't get to dictate the terms of visitation, no matter how well intentioned you are. If you are going to refuse his requests for visitation or even impose restrictions, you had better have extreme good cause that you can prove to the court. Rolling up into court with what your 'gut is telling you' likely won't cut it and you are correct that it will very likely 'look bad' in court. That said, leaving her alone in a car and showing up drunk is likely good cause but you'd better be able...
You don't get to dictate the terms of visitation, no matter how well intentioned you are. If you are going to refuse his requests for visitation or even impose restrictions, you had better have extreme good cause that you can prove to the court. Rolling up into court with what your 'gut is telling you' likely won't cut it and you are correct that it will very likely 'look bad' in court. That said, leaving her alone in a car and showing up drunk is likely good cause but you'd better be able...
Q: Hello. On the 4th of July I went to a railroad bridge to jump off and swim. What is the normal punishment for this type
Bill Powers' answer
GOOD QUESTION
Need more info. Are you asking for info on NC criminal laws?
We've had success in the past obtaining a favorable result with trespassing cases; but, a LOT depends on the nature and circumstances of the offense.
The DA's Office also considers things like prior history, warnings, relative level of danger, etc., in exercising their discretion in pursuing both felony or criminal charges in NC.
ONE WOULD REASONABLY ASSUME THESE ARE MISDEMEANOR...
GOOD QUESTION
Need more info. Are you asking for info on NC criminal laws?
We've had success in the past obtaining a favorable result with trespassing cases; but, a LOT depends on the nature and circumstances of the offense.
The DA's Office also considers things like prior history, warnings, relative level of danger, etc., in exercising their discretion in pursuing both felony or criminal charges in NC.
ONE WOULD REASONABLY ASSUME THESE ARE MISDEMEANOR...
Q: Plaintiff has not requested hearing date for Ab. Div. I was served Apr. '18. Any options for quicker resolution?
Amanda Bowden Houser's answer
You may already be divorced and he just didn't send you a copy of the divorce judgment as he is required to do. You should check that possibility first. If not and you know how to do it, you should be able to put the matter on the calendar and serve him with notice of the hearing.
You may already be divorced and he just didn't send you a copy of the divorce judgment as he is required to do. You should check that possibility first. If not and you know how to do it, you should be able to put the matter on the calendar and serve him with notice of the hearing.
Q: What is included in a list of personal property when you are the administator in an estate
Larry J. Ford's answer
No, you do not "have to give away" your husband's drums, jewelry and other personal effects. You do have to list those items on both the initial inventory and the "90-day" inventory, along with the fair market value of those items.
No, you do not "have to give away" your husband's drums, jewelry and other personal effects. You do have to list those items on both the initial inventory and the "90-day" inventory, along with the fair market value of those items.
Q: Failure to yield right of way while making a left turn to a car engaged in an unlawful maneuver. Is this negligence?
Bill Powers' answer
That's a bit complicated. More info into the specifics would be helpful and the best way to do that is a formal consultation with Durham County lawyer.
North Carolina is one of the few remaining states in the entire country that still has CONTRIBUTORY NEGLIGENCE. Indeed, there are several different protections against negligence claims that are for the benefit of insurance companies.
In a contributory negligence state, the plaintiff is barred from recovering if he or she...
That's a bit complicated. More info into the specifics would be helpful and the best way to do that is a formal consultation with Durham County lawyer.
North Carolina is one of the few remaining states in the entire country that still has CONTRIBUTORY NEGLIGENCE. Indeed, there are several different protections against negligence claims that are for the benefit of insurance companies.
In a contributory negligence state, the plaintiff is barred from recovering if he or she...
Q: Under new NC expungement laws is a deferred prosecution considered a dismissal ? And can I get it expunged ?
Bill Powers' answer
GREAT QUESTION
Deferred prosecution is a methodology of getting a dismissal. One would want to confirm, upon the completion of the program and it's individual requirements, the dismissal is actually entered.
Thereafter, assuming the record is properly updated in the AOC Administrative Office of the Courts system, it may become a matter eligible for filing a Petition for Expunction.
That does NOT happen automatically, either through completion of deferred or dismissal of...
GREAT QUESTION
Deferred prosecution is a methodology of getting a dismissal. One would want to confirm, upon the completion of the program and it's individual requirements, the dismissal is actually entered.
Thereafter, assuming the record is properly updated in the AOC Administrative Office of the Courts system, it may become a matter eligible for filing a Petition for Expunction.
That does NOT happen automatically, either through completion of deferred or dismissal of...
Q: What can be claimed under "transportation" under Florida parenting plan?
Amanda Bowden Houser's answer
The court likely doesn't care and there likely is no set 'formula' the court goes by. What is important is what is in your parenting plan or other applicable documents. If they were properly drafted, they will spell out in clear, precise and easy to understand language with no uncertainty exactly what is to happen in a situation like this. If they do, then give the information to an attorney and let them stick it to her good and proper. If your plan or other applicable documentation was not...
The court likely doesn't care and there likely is no set 'formula' the court goes by. What is important is what is in your parenting plan or other applicable documents. If they were properly drafted, they will spell out in clear, precise and easy to understand language with no uncertainty exactly what is to happen in a situation like this. If they do, then give the information to an attorney and let them stick it to her good and proper. If your plan or other applicable documentation was not...
Q: What are requirements for a malpractice suite?
Bill Powers' answer
Depends on the type of case. In North Carolina, there are VERY STRICT filing requirements and deadlines for claims of Medical Negligence.
Introduction to Rule 9(j). In 1995, the North Carolina General Assembly created Rule 9(j) of the North Carolina Rules of Civil Procedure to require medical malpractice complaints to include an assertion that the “medical care” was reviewed by a qualified professional willing to testify that the acts or omissions fell below the standard of care....
Depends on the type of case. In North Carolina, there are VERY STRICT filing requirements and deadlines for claims of Medical Negligence.
Introduction to Rule 9(j). In 1995, the North Carolina General Assembly created Rule 9(j) of the North Carolina Rules of Civil Procedure to require medical malpractice complaints to include an assertion that the “medical care” was reviewed by a qualified professional willing to testify that the acts or omissions fell below the standard of care....
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