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
- Broker Fraud
- 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
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
North Carolina Questions & Answers
Q: I got charged with a misdemeanor of larceny against Walmart
Bill Powers' answer
Retain legal counsel. Crimes of theft or "dishonesty" carry long-term consequences. It can make it hard, if not impossible, to find and keep a good job.
My former law partner Chris McCartan is in Cabarrus County. He's an excellent lawyer and super nice guy.
Bill Powers
CarolinaAttorneys.com
Retain legal counsel. Crimes of theft or "dishonesty" carry long-term consequences. It can make it hard, if not impossible, to find and keep a good job.
My former law partner Chris McCartan is in Cabarrus County. He's an excellent lawyer and super nice guy.
Bill Powers
CarolinaAttorneys.com
Q: why would a lawyer want 1,600 up front instead of taking it out of a settlement from an accident?
Bill Powers' answer
Probably best to ask the lawyer. There are times when a pure contingency fee doesn't make sense.
One would have to think the lawyer gave the reasons / reasoning.
Talk to your lawyer.
bill
Probably best to ask the lawyer. There are times when a pure contingency fee doesn't make sense.
One would have to think the lawyer gave the reasons / reasoning.
Talk to your lawyer.
bill
Q: How to force non custodial parent to live up to their obligations (CS and Insurance)
Amanda Bowden Houser's answer
You can not get blood out of a rock (or a turnip? I forget which). If the NCP has nothing - what do you expect to get? Just run things through the court or Floridia's version of child support enforcement and maybe some day you'll get a few bucks from a tax refund seizure. Essentially in most cases, if he could pay he'd be made to pay one way or another (unless he is willing to go completely off the grid). To make things even cheerier, you likely can not legally withhold visitation because...
You can not get blood out of a rock (or a turnip? I forget which). If the NCP has nothing - what do you expect to get? Just run things through the court or Floridia's version of child support enforcement and maybe some day you'll get a few bucks from a tax refund seizure. Essentially in most cases, if he could pay he'd be made to pay one way or another (unless he is willing to go completely off the grid). To make things even cheerier, you likely can not legally withhold visitation because...
Q: To change my last name am I allowed to have my fiance's who currently has SSI w/o getting in trouble by law?
Amanda Bowden Houser's answer
You can use any name you want as long as you do it consistently and non-fraudulently. Of course for certain things you will need to use your legal name and if you want to change your current last name to match that of your fiance then you have two options: 1) get married or 2) go through a legal name change. However, if you are changing your last name to that of your fiance to give the impression you are married - that could be a problem for you.
You can use any name you want as long as you do it consistently and non-fraudulently. Of course for certain things you will need to use your legal name and if you want to change your current last name to match that of your fiance then you have two options: 1) get married or 2) go through a legal name change. However, if you are changing your last name to that of your fiance to give the impression you are married - that could be a problem for you.
Q: How can I get help processing my Trademark through?
Benton R Patterson III's answer
You should contact a trademark attorney to respond to the office action. If you do not respond in time, the trademark application will be abandoned.
You should contact a trademark attorney to respond to the office action. If you do not respond in time, the trademark application will be abandoned.
Q: Can I sue my place of employment for retaliation and discrimination?
Kirk Angel's answer
If you did not resign, I would not "hand in a resignation." However, your employer has the right to just fire you instead. This may be retaliation, but it would not be unlawful retaliation for which you can file an employment claim. As for the discrimination, if you have lost your job because you are a woman or have been treated differently than a male in the same circumstances, you may have a claim for unlawful discrimination based on sex if you are fired.
If you did not resign, I would not "hand in a resignation." However, your employer has the right to just fire you instead. This may be retaliation, but it would not be unlawful retaliation for which you can file an employment claim. As for the discrimination, if you have lost your job because you are a woman or have been treated differently than a male in the same circumstances, you may have a claim for unlawful discrimination based on sex if you are fired.
Q: When it comes to an eeoc investigation and or lawsuit matters, can the surveillance footage of the building be used?
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
North Carolina
on
Answered on Jun 19, 2018
Answered on Jun 19, 2018
Kirk Angel's answer
You may be able to use the video if you have it. If you have an EEOC proceeding, let the investigator know you have the vide and offer to submit it to him/her. As for court, you would have to demonstrate several things to the Judge including that the video is what it purports to be (i.e. is the actual video), that it has not been modified, and that the video is relevant.
You may be able to use the video if you have it. If you have an EEOC proceeding, let the investigator know you have the vide and offer to submit it to him/her. As for court, you would have to demonstrate several things to the Judge including that the video is what it purports to be (i.e. is the actual video), that it has not been modified, and that the video is relevant.
Q: Working from outside of USA for an American company.
Carl Shusterman's answer
If you remain outside the US for 180 days, there will arise a rebuttable presumption that you have abandoned your permanent resident status. Bring a letter from your employer about your 6 months temporary assignment abroad in order to overcome this presumption.
If you remain outside the US for 180 days, there will arise a rebuttable presumption that you have abandoned your permanent resident status. Bring a letter from your employer about your 6 months temporary assignment abroad in order to overcome this presumption.
Q: Received a ticket for doing 87 in a 65 in NC. Possible outcomes?
Amanda Bowden Houser's answer
Whether you were actually going 87 is not really relevant if you were in fact going over 65. If your address is correct on your ticket, you will likely get a crap ton of letters from traffic attorneys. You don't need F. Lee Bailey for a mere speeding ticket so just pick the cheapest one and roll with that. Oh, and in the future, don't ride in the left lane with a broken down rusted out 98hp crap box that can't keep up with traffic.
Whether you were actually going 87 is not really relevant if you were in fact going over 65. If your address is correct on your ticket, you will likely get a crap ton of letters from traffic attorneys. You don't need F. Lee Bailey for a mere speeding ticket so just pick the cheapest one and roll with that. Oh, and in the future, don't ride in the left lane with a broken down rusted out 98hp crap box that can't keep up with traffic.
Q: is it possible to file a motion to modify divorce judgment to remove a separation agreement that incorporated
Amanda Bowden Houser's answer
If you are the Defendant and you failed to respond and your separation agreement is now a court order - there is likely very little you can do about it. Your best bet at having the separation agreement removed from the judgment is to have the whole divorce judgment set aside and your best bet at doing that is to argue you were not properly served. However, if you were in fact properly served, your odds of accomplishing a set aside or removal of the incorporation are likely less than slim and...
If you are the Defendant and you failed to respond and your separation agreement is now a court order - there is likely very little you can do about it. Your best bet at having the separation agreement removed from the judgment is to have the whole divorce judgment set aside and your best bet at doing that is to argue you were not properly served. However, if you were in fact properly served, your odds of accomplishing a set aside or removal of the incorporation are likely less than slim and...
Q: I had a dwi in 2009, was told to this date I still have to install an interlock. Is there a loophole, no other charges.
Bill Powers' answer
GREAT QUESTION!
If that's part of a "conditional restoration," DMV isn't going to budge on that. There is no loophole.
See: https://www.ncleg.net/gascripts/statutes/statutelookup.pl?statute=20-19
(e1) Notwithstanding subsection (e) of this section, the Division may conditionally restore the license of a person to whom subsection (e) applies after it has been revoked for at least three years under subsection (e) if the person provides the Division with...
GREAT QUESTION!
If that's part of a "conditional restoration," DMV isn't going to budge on that. There is no loophole.
See: https://www.ncleg.net/gascripts/statutes/statutelookup.pl?statute=20-19
(e1) Notwithstanding subsection (e) of this section, the Division may conditionally restore the license of a person to whom subsection (e) applies after it has been revoked for at least three years under subsection (e) if the person provides the Division with...
Q: What are the consequences of refusing a breath test?
Bill Powers' answer
GREAT QUESTION. The long-term consequences for a "Willful Refusal" can be substantial under the NC DWI laws.
Refusing breath or blood tests as part of a DWI investigation may result in the loss or suspension of your license, without any form of "hardship" or "limited driving privilege" for an extended period of time.
It may also be used as a "negative inference" at the criminal trial.
A Willful Refusal may even result in DMV requiring an Ignition Interlock Device...
GREAT QUESTION. The long-term consequences for a "Willful Refusal" can be substantial under the NC DWI laws.
Refusing breath or blood tests as part of a DWI investigation may result in the loss or suspension of your license, without any form of "hardship" or "limited driving privilege" for an extended period of time.
It may also be used as a "negative inference" at the criminal trial.
A Willful Refusal may even result in DMV requiring an Ignition Interlock Device...
Q: Will I get in trouble because I lied ?
1 Answer
| Asked
in
Criminal Law and Sexual Harassment
for
North Carolina
on
Answered on Jun 14, 2018
Answered on Jun 14, 2018
Bill Powers' answer
First, I must say it took guts to write this inquiry. We all make mistakes, especially when we're young, not fully understanding the consequences or how our actions can terribly hurt others.
Second, given the nature and type of the inquiry, one would have to assume we're talking about statutory rape or indecent liberties criminal charges in North Carolina.
In-person communications with an experienced criminal defense attorney would be appropriate. As good as Justia is for...
First, I must say it took guts to write this inquiry. We all make mistakes, especially when we're young, not fully understanding the consequences or how our actions can terribly hurt others.
Second, given the nature and type of the inquiry, one would have to assume we're talking about statutory rape or indecent liberties criminal charges in North Carolina.
In-person communications with an experienced criminal defense attorney would be appropriate. As good as Justia is for...
Q: I got safety belt ticket for my child 1 year old in ohio but having license of nc.
Amanda Bowden Houser's answer
Most states are members of various agreements to shared traffic information - so tickets you get in most other states will affect you here in NC.
Most states are members of various agreements to shared traffic information - so tickets you get in most other states will affect you here in NC.
Q: I plead quit for speeding 65/60 mph In ohio but having license of nc will it add points on driving license?
Amanda Bowden Houser's answer
Likely. But points are of no concern to most drivers unless you accumulate so many that you are suspended and / or see an insurance increase.
Likely. But points are of no concern to most drivers unless you accumulate so many that you are suspended and / or see an insurance increase.
Q: My son has court ordered Temporary primary custody of his son. I do the exchanges for the visitation for my grandson to
Amanda Bowden Houser's answer
"Putting his life at risk" - seriously? Not being licensed doesn't affect one's driving skills, so the child's life is not at any more risk than if she were properly licensed. I'd be more concerned about her insurance situation. As to whether you can get her into trouble and / or refuse to let the child ride with her. The answer to both is likely yes but you had better be certain she is actually not licensed or you may face some trouble yourself. In a situation like this where a parent is...
"Putting his life at risk" - seriously? Not being licensed doesn't affect one's driving skills, so the child's life is not at any more risk than if she were properly licensed. I'd be more concerned about her insurance situation. As to whether you can get her into trouble and / or refuse to let the child ride with her. The answer to both is likely yes but you had better be certain she is actually not licensed or you may face some trouble yourself. In a situation like this where a parent is...
Q: Divorce hearing date.
Amanda Bowden Houser's answer
Obviously, you should have hired an attorney in the beginning - it would have likely been cheaper and quicker than you can do it yourself. At this point, likely the only thing you can do to speed things up (assuming of course you haven't screwed something up as about 50% of pro se plaintiff's do) is to physically go to the clerk's office and beg for a sooner court date. It was incredibly foolish to set a wedding date prior to being divorced, so that reason will likely not garner any sympathy...
Obviously, you should have hired an attorney in the beginning - it would have likely been cheaper and quicker than you can do it yourself. At this point, likely the only thing you can do to speed things up (assuming of course you haven't screwed something up as about 50% of pro se plaintiff's do) is to physically go to the clerk's office and beg for a sooner court date. It was incredibly foolish to set a wedding date prior to being divorced, so that reason will likely not garner any sympathy...
Q: my employer paid me too much last week. can they take it out of my next check, even though it was their mistake?
Kirk Angel's answer
Yes. The law allows the employer to recover erroneously paid wages directly from the employee.
Yes. The law allows the employer to recover erroneously paid wages directly from the employee.
Q: What should an affidavit of support look like for form I-751?
Carl Shusterman's answer
These affidavits should explain how that know you and your wife, the social actions that they have had with you and how they know you are a couple and are living together.
These affidavits should explain how that know you and your wife, the social actions that they have had with you and how they know you are a couple and are living together.
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