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North Carolina Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: I won my case for eviction my ex was given 15 days to move she appeal can she stay while waiting on the new court date?

I own my house my ex-friend name isn't on anything she doesn't pay rent or any bills she do buy food every now and then we been living together for 5 years she doesn't clean and damage my home. I have ask here to move many times because of her drinking and drug problem the police... Read more »

Charles William Michaels
Charles William Michaels answered on Aug 28, 2020

First, I am not a North Carolina lawyer. That being said, I think--unless there's an exception in NC law that I don't know about-- the filing of any appeal does not automatically stay the ruling or any order in the trial court (or any agency, etc.). The appellant must file a motion to... Read more »

2 Answers | Asked in Appeals / Appellate Law and Education Law for North Carolina on
Q: I am a student at college and they believe I have cheated on an assignment, should I plead guilty or take a hearing?

I was at university during the spring and once covid took over, I was online, it was difficult for me to resist the temptation to quickly get an answer. I tried my best to learn the material correctly but knowing I could just look it up made it difficult for me to learn properly. I blame covid... Read more »

Raul Jauregui
Raul Jauregui answered on Jun 28, 2020

I don't have a direct answer at all. But, just so you get a sense for how school staff treat students involved in disciplinary actions (these mostly deal with a spectrum of sexual behaviors) check out all that I regularly blog about. You may well come out with a view that whether or not you... Read more »

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1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for North Carolina on
Q: After you obtain disability attorney, Is there anything they can't tell you by law?

I've asked couple of questions that my attorney will not answer. I'm in North Carolina,my disability case is very important to me. Example of 1 my questions- Do I need to get my current Dr to write a letter or fill out any paperwork for my upcoming disability hearing?

Attorney- I... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 22, 2020

It would be best if a North Carolina attorney advised you, but you await a response for four weeks, and the whole matter may be moot by now if you already had the hearing you mention. But as a general matter, attorneys should be able to share information with clients - their role essentially makes... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for North Carolina on
Q: Good Afternoon. Have a question? How much in a price range to get a petition the court to get removed off the registry
Will Blackton
Will Blackton answered on Oct 30, 2019

There is generally a $175 court fee to file for an expunction. The fee for an attorney's assistance is going to range depending on whether you're entitled to statutory relief (will automatically happen depending on your age at the time a crime was committed and the age and nature of the... Read more »

1 Answer | Asked in Adoption, Appeals / Appellate Law, Constitutional Law and Education Law for North Carolina on
Q: How long did it take you to become a lawyer?

specifically, how long you were in school and what classes you took.

Tim Akpinar
Tim Akpinar answered on Apr 24, 2019

It's generally 3 years full-time, or 4 years part-time at night. Some schools have accelerated programs. Depending on the institution, you take mandatory core courses that generally include contracts, torts, constitutional law, property law, criminal law, wills/trusts, legal writing,... Read more »

1 Answer | Asked in Traffic Tickets and Appeals / Appellate Law for North Carolina on
Q: Is it illegal to make a right turn on red at a railroad stopping when no sign indicates the contrary and no train

No train in sight or signal

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 2, 2019

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.

1 Answer | Asked in Appeals / Appellate Law and Bankruptcy for North Carolina on
Q: Does an appeal in a bankruptcy keep the automatic stay

I’m about

Timothy Denison
Timothy Denison answered on Oct 30, 2018

Yes.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for North Carolina on
Q: I have 2 misdemeanors that I need to get expunged both took place in Elizabeth City, North Carolina.

Both charges occurred in

City:Elizabeth City, State:NC

I currently live in Las Vegas , Nv

#1 Offense Date: 5/7/11 ( age:19)

Conviction Date:9/29/11- POSSESS SCHEDULE VI (PRINCIPAL) MISD.CLASS 3 MISDEMEANOR SS. Was on probation but Served 10 days in jail... Read more »

Bill Powers
Bill Powers answered on Aug 6, 2018

Thanks for your inquiry.

We normally take a look at the official record before we comment on availability. That's because sometimes things are different in the official record than people understand or recall.

Danny Glover is Elizabeth City is excellent. Here's his...
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1 Answer | Asked in Divorce and Appeals / Appellate Law for North Carolina on
Q: During my divorce my ex claimed he earned a certain amount and couldn’t afford alimony

6 months after the divorce he bought new furniture, new truck , vacations , and is spending alot of money on his next wedding. Can I subpoena his financial forms from the sale of his new truck to prove he lied about his income during our divorce? Is there some way I can get the courts to compare... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Aug 3, 2018

Is there some way I can . . . (fill in the blank with what ever legal issue you have). Yes, there is - hire an attorney who knows what they are doing. If you had transmission trouble and you aren't a mechanic, you'd never think to yourself, you know what, I'mma pull that sucker out... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for North Carolina on
Q: What if the court of appeals reversed the superior courts decision . Whats the next step.
Bill Powers
Bill Powers answered on Jul 23, 2018

GREAT QUESTION

In large measure, it depends on what the Court of Appeals Orders. It may send it back to the Superior Court (or District Court if a Family Law legal matter) for further findings. It may result in a re-trial. It could result in the imposition of a Judgment and it could end...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for North Carolina on
Q: NC statue 15a-1345 section 5

My roommate on probation I carry a gun her p.o requires her to move I'm disabled and need the help she provides can I get such an order for her to live in a house where some one else is armed ,

Bill Powers
Bill Powers answered on May 21, 2018

More information is likely necessary to answer the question. It SEEMS like the inquiry is whether the Probation Officer can require the person on probation to live somewhere where there aren't guns.

That's certainly an interesting fact-scenario, especially nowadays, when...
Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for North Carolina on
Q: I need the 1984 N.C.FAIR SENTENCING ACT n.c. GEN. STAT. & 15A-1340.4(1983) N.C. GEN. STAT.& 14-1.1(1981)

I need to print this out but can't find it

Will Blackton
Will Blackton answered on Sep 25, 2017

For N.C. Gen Stat. 15A-1340.4 (1983):

Go to the NC Gen. Statutes on the State's General Assembly website: http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl

Find the modern 15A-1340.4, which has been repealed:...
Read more »

2 Answers | Asked in Criminal Law, DUI / DWI and Appeals / Appellate Law for North Carolina on
Q: violated dui probation with another dui

(Gastonia, NC)i received a dui while i was on probation for a previous dui, i was violated and in court the judge revoked my probation and sentenced me to the 12 month that was deferred, my lawyer appealed the verdict and is sending it to superior court, waiting on a court date...what can I... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 13, 2016

First, lets get terminology straight. In North Carolina it is Driving While Impaired or DWI not DUI. If you got 12 months of active time on the first DWI that you were on probation for then it is very likely that DWI was not your first and / or was a higher sentencing level than your average... Read more »

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1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: If a State that you want to relocate to rejects your Frederal Probation transfer to move to that state can you appeal it
Robert Jason De Groot
Robert Jason De Groot answered on Oct 24, 2015

Probably not, but we do not know enough facts, and you needed an attorney back when you asked this question.

1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: If N.C. Probation regects a Federal Probation transfer to relocate to there state is there a way to appeal it? & how ?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 24, 2015

You needed an attorney back then. When you ask a question on a forum like this, it is understood that you need to actually seek out legal advice from an attorney.

1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: My brother has been charged with murder could he get an appeal in the state of North Carolina
Robert Jason De Groot
Robert Jason De Groot answered on Oct 21, 2015

This was asked well over a year ago. When you need legal advice, you need to go get it from a local attorney instead of waiting for someone to answer a question. I hope you have found an answer to your question. Basically, appeals are very limited.

1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: do i need a lawyer to appeal from federal appeals court to supreme court?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 18, 2015

Yes, if an appeal is even possible.

1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: are copies of depositions in federal appeals court cases available?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 18, 2015

Were they transcribed and made a part of the record?

1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: After you have been sentenced is it possible to hire a new lawyer if you feel your court appointed lawyer didn't try

If you feel like the court appointed lawyer didn't do all that they could have is it possible to hire a new lawyer and get back into court

Robert Jason De Groot
Robert Jason De Groot answered on Oct 18, 2015

Yes, but that depends upon the actual facts, and there may be post conviction relief available. In order to find out, you have to have a full discussion with a private criminal defense attorney.

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