North Carolina Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
North Carolina Questions & Answers
Q: Is our court actually considered a tribunal as in Admiralty law. The judge, DA and the prosecutor?
1 Answer
| Asked
in
Admiralty / Maritime, Constitutional Law, Gov & Administrative Law and Military Law
for
North Carolina
on
Answered on Feb 16, 2019
Answered on Feb 16, 2019
Timur Akpinar's answer
People use the terms loosely, but U.S. Constitution grants U.S. Courts authority to hear admiralty cases in Section 2 of Article III. In terms of maritime prosecutions, it is common for them to sometimes be handled jointly between the U.S. Department of Justice and U.S. Coast Guard, depending on the nature of the crime.
Tim Akpinar
People use the terms loosely, but U.S. Constitution grants U.S. Courts authority to hear admiralty cases in Section 2 of Article III. In terms of maritime prosecutions, it is common for them to sometimes be handled jointly between the U.S. Department of Justice and U.S. Coast Guard, depending on the nature of the crime.
Tim Akpinar
Q: Received my first citation ever officer said he clocked me at 97 in 65 limit . i was charged with speeding and reckless
2 Answers
| Asked
in
Criminal Law and Traffic Tickets
for
North Carolina
on
Answered on Feb 15, 2019
Answered on Feb 15, 2019
Q: Mom lived in Va & owned property in NC. I’m the beneficiary & live in Va. What are the steps to transferring to me?
1 Answer
| Asked
in
Estate Planning and Real Estate Law
for
North Carolina
on
Answered on Feb 15, 2019
Answered on Feb 15, 2019
Charles Evan Lohr's answer
A certified copy of the will and the probate file must be filed with the clerk of court in the county where the real property is located and an order or probate entered there. Depending on the county, there are sometimes es additional steps that must be taken. Feel free to co text me if you need assistance.
Best regards,
Evan Lohr
(919)348-9211
Evan@lohrnc.com
A certified copy of the will and the probate file must be filed with the clerk of court in the county where the real property is located and an order or probate entered there. Depending on the county, there are sometimes es additional steps that must be taken. Feel free to co text me if you need assistance.
Best regards,
Evan Lohr
(919)348-9211
Evan@lohrnc.com
Q: How can I go about getting visitation without a laywer?
Amanda Bowden Houser's answer
The best way to handle it is for her to do right and work with you to allow visitation that doesn't come with strings attached in the form of control or lectures - that's free for both of you. However, since she is likely not going to do right - the next best thing is for you to hire an attorney and force her to do right. Since she can not afford an attorney, it shouldn't cost you too much to put her in her place.
The best way to handle it is for her to do right and work with you to allow visitation that doesn't come with strings attached in the form of control or lectures - that's free for both of you. However, since she is likely not going to do right - the next best thing is for you to hire an attorney and force her to do right. Since she can not afford an attorney, it shouldn't cost you too much to put her in her place.
Q: My husband had a DUI 10 years ago, he never paid the fines or took the classes. What’s the next step to get his license?
Amanda Bowden Houser's answer
There is no next step. He has to comply with what the Court ordered or he will likely never get his license back.
There is no next step. He has to comply with what the Court ordered or he will likely never get his license back.
Q: I am paid on salary. If my boss asks me to stay longer than my shift to train without pay. If I left, could he fire me?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
North Carolina
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Kirk Angel's answer
Yes, he can lawfully fire you for leaving. In fact, whether you are paid hourly or salary, non-exempt or exempt, you can be fired for leaving if your employer expects or demands that you stay beyond your shift.
You mentioned a contract. If it is actually an enforceable employment contract, then there may be something in the contract that prohibits him from requiring you to stay over. If the contract does appear to address this issue, then you definitely consult with an experienced...
Yes, he can lawfully fire you for leaving. In fact, whether you are paid hourly or salary, non-exempt or exempt, you can be fired for leaving if your employer expects or demands that you stay beyond your shift.
You mentioned a contract. If it is actually an enforceable employment contract, then there may be something in the contract that prohibits him from requiring you to stay over. If the contract does appear to address this issue, then you definitely consult with an experienced...
Q: I signed a loan for my husband to get a car. It’s in my name. We are currently separated and seeking divorce.
Amanda Bowden Houser's answer
Yes, if he refinances in his name or the loan is paid off. Otherwise - no.
Yes, if he refinances in his name or the loan is paid off. Otherwise - no.
Q: My builder walked off the job.
Timur Akpinar's answer
Doing something like that could possibly lead to further legal problems. There aren't many details here about the underlying contract and transactions between you and the contractor. Whether you choose to try to resolve the matter through direct negotiations with the contractor or through an attorney is up to you, but one option you have is to consult with an attorney in North Carolina to review the terms of the contract, the work performed, the cause of the suspension of work, and to try to...
Doing something like that could possibly lead to further legal problems. There aren't many details here about the underlying contract and transactions between you and the contractor. Whether you choose to try to resolve the matter through direct negotiations with the contractor or through an attorney is up to you, but one option you have is to consult with an attorney in North Carolina to review the terms of the contract, the work performed, the cause of the suspension of work, and to try to...
Q: I came to Egypt to get marry but the process took more time then expected and I couldn't finish my process because I had
Kelli Y Allen's answer
I highly advise having a full consultation with an immigration attorney. The U.S. does not recognize proxy marriages. If that is what occurred, you will have problems with immigration when you try to file the spousal petition.
I highly advise having a full consultation with an immigration attorney. The U.S. does not recognize proxy marriages. If that is what occurred, you will have problems with immigration when you try to file the spousal petition.
Q: Does spouse has to be a citizen for last 3 years for me to apply citizenship
Kelli Y Allen's answer
To be eligible to apply for naturalization after 3 years of permanent residency rather than 5, you must have been married to and living with your U.S. citizen spouse for 3 years since becoming a permanent resident. If your spouse was an LPR part of the time, you must wait until it has been 3 years.
To be eligible to apply for naturalization after 3 years of permanent residency rather than 5, you must have been married to and living with your U.S. citizen spouse for 3 years since becoming a permanent resident. If your spouse was an LPR part of the time, you must wait until it has been 3 years.
Q: My passenger side view mirror is broken , in the state of Nc how much of a ticket would it be if I got pulled over ?
Amanda Bowden Houser's answer
You'd likely get a warning (unless you are a jerk to the stopping officer). If ticketed it'd likely be for Improper Equipment - about a $263 ticket.
You'd likely get a warning (unless you are a jerk to the stopping officer). If ticketed it'd likely be for Improper Equipment - about a $263 ticket.
Q: My son's father was written out of work by a doctor. He went before the judge and got support owed for my son suspended.
Amanda Bowden Houser's answer
Apparently a doctor disagrees with your assessment that he can work despite the video of him 4 wheeling.
As to what you can do - you can hire an attorney but there is no guarantee it would pay off for you in the end. Wish I had better news. Best of luck.
Apparently a doctor disagrees with your assessment that he can work despite the video of him 4 wheeling.
As to what you can do - you can hire an attorney but there is no guarantee it would pay off for you in the end. Wish I had better news. Best of luck.
Q: Can the traffic citation be transferred to the local court in a different state?
Amanda Bowden Houser's answer
You should never pay off a ticket - even if you are allowed to do so. Lucky for you your ticket is likely a criminal traffic citation which prevents you from doing what dum dum's do which is simply pay it off. And of course you can not transfer a traffic ticket to a court closer to you for your convenience. Just hire a traffic attorney in the area where you got the ticket and be done with it. If your address on your ticket is correct, you should get a crap ton of letters from local traffic...
You should never pay off a ticket - even if you are allowed to do so. Lucky for you your ticket is likely a criminal traffic citation which prevents you from doing what dum dum's do which is simply pay it off. And of course you can not transfer a traffic ticket to a court closer to you for your convenience. Just hire a traffic attorney in the area where you got the ticket and be done with it. If your address on your ticket is correct, you should get a crap ton of letters from local traffic...
Q: There is a warrant out for my arrest for failure to appear in 2013 that is preventing me from getting my license back
Amanda Bowden Houser's answer
I am concerned that you don't know what to do in this situation and yet could still potentially be licensed to drive. When you have car trouble - you call a mechanic. When you have legal trouble (and this is most definitely legal trouble) - you call an attorney. In your case a traffic attorney in the area where you got the tickets. Best of luck.
I am concerned that you don't know what to do in this situation and yet could still potentially be licensed to drive. When you have car trouble - you call a mechanic. When you have legal trouble (and this is most definitely legal trouble) - you call an attorney. In your case a traffic attorney in the area where you got the tickets. Best of luck.
Q: In North Carolina, after death how much time do you have to put an estate through probate?
Charles Evan Lohr's answer
If an executor hasn't opened an estate after 8 months, then another family member or a beneficiary under the will can apply to have it opened. There are several steps that need to be followed to do it properly. Feel free to call me to discuss further.
Evan Lohr
(919)348-9211
If an executor hasn't opened an estate after 8 months, then another family member or a beneficiary under the will can apply to have it opened. There are several steps that need to be followed to do it properly. Feel free to call me to discuss further.
Evan Lohr
(919)348-9211
Q: should i call OSHA or get an attorney for sick building illness
Peter Munsing's answer
You could do both. Start by contacting a memer of the NC Assn for Justice that handles workers compensation--they give free consults.
You could do both. Start by contacting a memer of the NC Assn for Justice that handles workers compensation--they give free consults.
Q: What kind of lawyer can a massage therapist go to to create a liability waiver for free information sessions?
2 Answers
| Asked
in
Business Formation, Business Law, Contracts and Legal Malpractice
for
North Carolina
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Kelli Y Allen's answer
Your best bet is a business law attorney. A general practitioner who handles civil contracts should have familiarity with those issues as well.
Your best bet is a business law attorney. A general practitioner who handles civil contracts should have familiarity with those issues as well.
Q: Divorced by default less than 1 year husband never moved out during separation and we never notarized separation agreeme
Amanda Bowden Houser's answer
If you got divorced without being separated for one year, then you and / or your spouse likely committed fraud and possibly felony perjury. While a separation agreement is required to be notarized to be valid in North Carolina, there is no requirement that you have a separation agreement at all. So unless you asked for and were granted equitable distribution in your divorce (which is likely fraudulent) - you now are likely not entitled to anything and are barred from any further remedy other...
If you got divorced without being separated for one year, then you and / or your spouse likely committed fraud and possibly felony perjury. While a separation agreement is required to be notarized to be valid in North Carolina, there is no requirement that you have a separation agreement at all. So unless you asked for and were granted equitable distribution in your divorce (which is likely fraudulent) - you now are likely not entitled to anything and are barred from any further remedy other...
Q: Is it illegal to make a right turn on red at a railroad stopping when no sign indicates the contrary and no train
1 Answer
| Asked
in
Traffic Tickets and Appeals / Appellate Law
for
North Carolina
on
Answered on Feb 2, 2019
Answered on Feb 2, 2019
Amanda Bowden Houser's answer
In North Carolina, just like making a u-turn, you are allowed to turn right on red if it is safe to do so and not marked that you can not do so.
In North Carolina, just like making a u-turn, you are allowed to turn right on red if it is safe to do so and not marked that you can not do so.
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