North Carolina Questions & Answers

Q: I was pulled over for having my temporary tags and I have since had a lot of problems with my house. I already had 1

1 Answer | Asked in Traffic Tickets for North Carolina on
Answered on Dec 11, 2017

Maybe. If you represent yourself, you are at the mercy of the ADA and the presiding Judge. It is a sad fact, but in good 'ol boy North Carolina whether or not your continuance request is granted could be determined by how well their favorite sports team did.
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Q: Evicted and neighbors robbed and stole entire contents before moved, what to do? Ldlord will sign its OK 2leave itthere

1 Answer | Asked in Landlord - Tenant for North Carolina on
Answered on Dec 11, 2017

You must formally / in writing lodge a theft complaint with police giving full details of your stuff with cost of items esp. those which are valueless. If police still does not help out then immediately consult Attorney of local jurisdiction for registration of case and recovery of your stuff. Go an extra mile if you feel "devastated"
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Q: I am moving out of my rental on 20Dec17. Landlord says I have to pair entire month of December? Is that correct?

1 Answer | Asked in Landlord - Tenant for North Carolina on
Answered on Dec 11, 2017

Depends on the terms of lease i.e. year to year lease or month by moth rent. In case of month by month you may claim the remaining amount of rent paid to LL.
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Q: Wife abandone'd me week before thxgiving.living with her mother can I change locks on house to keep her out of house

1 Answer | Asked in Divorce for North Carolina on
Answered on Dec 11, 2017

The short answer is yes, you can change the locks. You own the property - you can do with it what you wish. Lawyers prefer that you not change the locks unless your spouse has indicated to you that she is leaving with the intent not to resume the marital relationship and you can prove it or if she has not indicated that intent to you, that you send her a letter (preferably certified) that states you consider her abandonment permanent and that she is not to return or words to that effect....
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Q: I have been charged with a simple assault, domestic violence charge. 1st offense. Can a public defender help dismiss it?

1 Answer | Asked in Criminal Law and Domestic Violence for North Carolina on
Answered on Dec 10, 2017

Generally, District Attorney's Offices are reluctant to outright dismiss domestic violence charges. A public defender, court-appointed counsel, or a private defense attorney all would have the same chance of having the charges dismissed. It is also not up to your boyfriend if the DA's office will dismiss the case - it is the DA's case, and they decide how to proceed. Your boyfriend being present, as the prosecuting witness, letting the DA's office know that he doesn't plan on cooperating with...
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Q: If my defense driving class got rescheduled to the day after my court date due to inclement weather what will happen

2 Answers | Asked in Criminal Law and Traffic Tickets for North Carolina on
Answered on Dec 10, 2017

You likely will have to request a continuance at your next court date, and set your next court date for a time after you've finished the course. If you bring documentation that the company administering the class rescheduled your class, through no fault of your own, you should be fine.
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Q: I got a reckless driving ticket for going 92 in a 65. what will the judge give me in court?

1 Answer | Asked in Traffic Tickets for North Carolina on
Answered on Dec 10, 2017

Nothing you are saying makes any procedural sense. First, DMV is the king of the road, so DMV will take action on your license not a judge. Second, it sounds like you screwed up and represented yourself when you should have hired an attorney. If that's the case, you can try and consult with a traffic attorney now just to see if anything can be done but you likely have made your bed and you are just gonna have to lie in it. At this point, it looks like all you may be able to do is learn from...
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Q: Do i have to notify her locks are change because of abandonment and state some article number

2 Answers | Asked in Divorce for North Carolina on
Answered on Dec 10, 2017

No. Of course, if she is still on the deed she can break in likely without penalty. Your best bet is to consult with a local family law attorney.
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Q: My wife left me the Fri before tsgiving with the kids...can I change my locks for her abandonment there is another man

1 Answer | Asked in Divorce and Family Law for North Carolina on
Answered on Dec 10, 2017

You can change the locks and maybe refinance in your name alone but refinancing in your name would be a bad idea because you can not change the deed without her consent or a court order.
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Q: My mother was cremated would I be able to take her ashes from my stepfather

1 Answer | Asked in Family Law and Probate for North Carolina on
Answered on Dec 10, 2017

You don't say if you have already taken the ashes or if you'd merely like to take the ashes. If you have already taken the ashes then yes, you could be arrested and possibly go to jail for any number of potential crimes related to the taking of the ashes. If you merely would like to take the ashes - it is likely not a good idea to attempt it unless you have some legal claim backed up by a Court Order.
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Q: Private seller refuses to transfer the title of a car I purchased from her.

1 Answer | Asked in Civil Litigation, Consumer Law and Small Claims for North Carolina on
Answered on Dec 9, 2017

With the given details, I may advise that either you return that vehicle to seller who without specific consent of her mother did sell that vehicle and get your money back in order to avoid any legal controversy.

Or if you are not willing to undo your deal then the seller must transfer her title in your name and arrange to complete paperwork for the other title-owner i.e. mother. Before this paperwork is completed you must get a lien on car by both the title holder for legal...
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Q: I am on unsupervised probation will I be drug tested at my community service intake?

1 Answer | Asked in Criminal Law and DUI / DWI for North Carolina on
Answered on Dec 8, 2017

People on unsupervised probation are not usually subjected to drug tests, but it can happen.
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Q: I have designed a shoe I'd like to have manufactured mass production Italy. Which contraction is most appropriate ?

1 Answer | Asked in International Law and Business Law for North Carolina on
Answered on Dec 8, 2017

The title of a contract is not as important as what's in it. What's in the contract will depend on your desires and requirements and the manufacturer's desires and requirements. If North Carolina law will control the document, English seems like a sensible choice; if Italian law, then drafting it in Italian makes more sense.

Contact a North Carolina attorney for assistance drafting or reviewing your contemplated contract.B
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Q: would like to know some keywords that the administrative board looks for when approving benefit determinations

1 Answer | Asked in Car Accidents, Personal Injury and Social Security for North Carolina on
Answered on Dec 8, 2017

basically don't focus on key words --you need to look at the medical records they have. Your medical records need to show that you have a disabling condition and the reasons why that is. This would be usually in the medical records but most often in a letter from a doctor that discusses why they think you have this disabling condition.

You have not said whether this is social security, disability pension issues or other systems. Each has their own rubric for what must be shown. You...
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Q: Is it legal to ask for my personal file?

1 Answer | Asked in Employment Law for North Carolina on
Answered on Dec 7, 2017

Yes, you can ask. However, non-governmental employers are not required to allow you access to your personnel (HR) file.
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Q: My son got his first ticket ever. However the officer recorded the speed as 55 when it is CLEARLY posted as 60. Options

1 Answer | Asked in Traffic Tickets for North Carolina on
Answered on Dec 7, 2017

So he was going 73 in a 60. He will want to point out the error to the ADA or his attorney but there's really not much meaningful difference as the error is not grounds for dismissal or even any special treatment by the ADA other than to maybe make him or her feel a bit more comfortable reducing it to a non-moving violation. Your son's best bet is to hire a local traffic attorney. If he got this ticket in NC and the address on the ticket is correct, he will likely get a crap ton of letters...
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Q: Mother-in-law calls police because Son-in-law attacks her daughter does she have to go to court too?

1 Answer | Asked in Family Law and Domestic Violence for North Carolina on
Answered on Dec 6, 2017

Not unless she is subpoenaed and even if subpoenaed she still doesn't "have to go" but there will likely be negative consequences if she ignores a subpoena.
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Q: If offered a speed reduction and less of a fine or a non moving violation and higher fine, which would be the best?

2 Answers | Asked in Traffic Tickets for North Carolina on
Answered on Dec 6, 2017

Aside from an outright dismissal - a non-moving violation is about the next best thing, so it is likely better to pay the $263 for an IE. However, if by "after appearing in court" you mean you already disposed of your ticket - you may be stuck with what ya got. r

Regardless you definitely can not phone in a PJC like it was take out. A PJC is not something you are entitled to, it is solely at the discretion of a Judge and each Judge has their own personal standards for granting a...
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Q: If a decedent designates deceased parents as beneficiaries can the spouse dissent from will or is this intestate?

1 Answer | Asked in Estate Planning, Family Law, Constitutional Law and Probate for North Carolina on
Answered on Dec 6, 2017

You generally can not disinherit a spouse either by accident or on purpose. So the usually the spouse will be able to take an elective share. However, it is likely possible to agree to take a very specific share or even take no share of an estate in a properly drafted and execute prenuptial agreement. Your best bet would be to consult with an wills and estate attorney who can review your specific situation in detail.
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Q: father and i have 50/50 custody of our son but im currently trying to change that due to things i wont mention on here.

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Answered on Dec 5, 2017
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