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North Carolina Civil Rights Questions & Answers

1 Answer | Asked in Personal Injury, Tax Law, Banking and Civil Rights for North Carolina on

Q: Need ethical law firm that can process the evidence of dishonor against a bank for internal document fraud, Fudiary duty

I am involved as the victim of an identity theft operation called ghosting. My bank altered the tax ID # and my date of birth on the internal documents that are associated with my business accounts, overriding my social security number and date of birth with the identifiers belonging to somebody... Read more »

Bruce Alexander Minnick answered on Jul 15, 2019

This free legal advice forum is intended to help consumers better understand common legal terms and to explain general legal principals and procedures to non-lawyers interested in understanding more about the law. Accordingly,

this forum is not the place to seek free legal representation...
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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on

Q: A 4m old was taking by cps and officers the 1hr they knew the mother of the child wouldn’t be home.

Mother and child were made to leave their home and stay with grandparents. After cps told them they were doing so good and getting a new worker. Later came by and removed us. Parents had passed all drug screens. Accuse of DV. Even though father left to avoid a simple argument like they told him to... Read more »

Amanda Bowden Houser answered on May 9, 2019

This is essentially what often happens when you let DSS into your business and cooperate with them. DSS is so bad that often your best bet is to simply leave the state with the child as soon as you get wind of them sniffing around. However, in your case that ship has sailed long ago. Now that... Read more »

1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for North Carolina on

Q: Can I sue my wife's employer after undue emotional distress after having an affair with one of her direct employees. NC

My wife is a manager for a large dialysis company and has led me to believe that she has had an affair with one of her subordinates. I have enough evidence to satisfy adultery in NC. In addition, I'm being treated for PTSD as a disabled law enforcement officer and Army vet and now have emotional... Read more »

Amanda Bowden Houser answered on Apr 24, 2019

You can sue virtually anyone for virtually anything. The question you ought to be asking is - is it worth my while and what are my odds of success. Based on your description, it is likely not worth your while because the odds of success are likely less than slim and none. However, it never hurts... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for North Carolina on

Q: How do i go about seeking benefits on possible lost property in my bloodline in Tarboro NC fromthe Parker bloodline

Tim Akpinar answered on Apr 17, 2019

As a starting point, you could contact the North Carolina Department of State Treasurer to see if they have records of unclaimed property in your family name.

Tim Akpinar

1 Answer | Asked in Civil Rights and Constitutional Law for North Carolina on

Q: If I throw a flyer with a binder clip attached to it at the end of a houses driveway is it littering?

It has a list of services we offer and a coupon on it

Tim Akpinar answered on Apr 6, 2019

This could depend on local rules. In addition to state and city environmental control board regs, some townships and villages have looked into measures to ban or control unsolicited flyers, coupon paks, etc.

Tim Akpinar

1 Answer | Asked in Immigration Law and Civil Rights for North Carolina on

Q: Can I get a lawyer to obtain a state ID for me so that I can vote. I can't drive around to do it myself.

I am willing to sign a power of attorney and to pay.

Deron Edward Smallcomb answered on Feb 18, 2019

Probably not. You might want to get an uber and go to the DMV yourself if you don't drive.

1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for North Carolina on

Q: Can I stand on a median or freeway exit a with sign?

I would like to know a section code or ordinance that makes panhandling illegal which is protected by the 1st amendment

Amanda Bowden Houser answered on Dec 6, 2018

This is the first amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of... Read more »

1 Answer | Asked in Criminal Law, Immigration Law and Civil Rights for North Carolina on

Q: i was arrest in DEC 2013 but don't know what were the charges correctly,Do I have to mention in citizenship application.

I was arrested in West Chester, Ohio on December 2013, for Civil Disobedience. I had to stay in Jail for 5 hours and next day had to court, court gave us warning and drooped charges to minor charges such as speeding ticket or Trust passing in private property.

Now I don't remember what... Read more »

Carl Shusterman answered on Jun 7, 2018

Yes, you must reveal your conviction on your N-400 application. You should order a certified copy of the record of conviction from the court where you were convicted. It does not sound like your conviction will negatively affect your application for naturalization.

1 Answer | Asked in Employment Law and Civil Rights for North Carolina on

Q: I am paid 50% commission wage. The owner of the grooming shop I work at refunded the $ and is refusing to pay me?

I am an employee and she takes the taxes out of my check I do not fill out a 1099

Kirk Angel answered on Jun 3, 2018

It depends on what the wage agreement, or promised wage, is with your employer. If the agreement is, for example, that you will be paid 50% of the gross of amount of all services, there is an argument that you should get paid whether the employer does or not. If the agreement does not say that,... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for North Carolina on

Q: The cops came to my house looking for brother asking a statement for

The cops came to my house looking for brother asking a statement from him. They said they dont have a warrant but if he doesnt talk to them they will get one. This is about a shooting. What are his rights (hes 17) ? Is this a trick to take him to jail?

Bill Powers answered on May 23, 2018

Lawyer up. They can't get a warrant to force a statement. They can get a Warrant for Arrest, if there is probable cause and it's issued by a proper judicial official. They may also get a Search Warrant, again with proper grounds (normally via oath or affidavit) to search for something.... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Rights for North Carolina on

Q: Can NC stipulate who is listed on my child's birth certificate

Amanda Bowden Houser answered on Apr 23, 2018

Under some circumstances - yes.

1 Answer | Asked in Bankruptcy, Civil Rights and Collections for North Carolina on

Q: Legal recourse for full wage garnishment resulting in home loss & lack of food if federal debt was legit?

This wage garnishment occurred 10.14 - 01.15. My spouse attempted filing for a hearing, but the Dept. of the Treasury repeatedly denied receipt of the request. We had been homeless / jobless 11.12 - 12.13. We rented a house. This wage garnishment forced us to live off food stamps alone. Our... Read more »

Timothy Denison answered on Apr 16, 2018

If the judgment was properly granted and the amounts garnished correct under your statute, there is likely no legal recourse against the creditors.

1 Answer | Asked in Civil Rights, Criminal Law, Family Law and Juvenile Law for North Carolina on

Q: I am a 17yr old in NC and I want to leave my house... i know i need to plan so I need specifics.

I am 17 and life in my house is getting bad, my dad has been telling me we arent going to make it in this house together, i keep getting in trouble part of it my fault and the other side is not. I dont want to be in this hostile environment and I want my parents to understand that if we cant work... Read more »

Amanda Bowden Houser answered on Apr 6, 2018

At 17, you be respectful and do what your parents tell you. At 18 - do what you want.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for North Carolina on

Q: Has anyone ever used challenging jurisdiction of any officer under constitutional rule for complete dismissal?

Amanda Bowden Houser answered on Apr 2, 2018

Yeah, Pro Se's who don't know what they are doing try this from time to time and it generates a decent chuckle in the Courtroom. Any officer can stop a driver anywhere, so even if you were successful in challenging the stopping officer's jurisdiction what do you think is gonna happen? The case... Read more »

1 Answer | Asked in Civil Rights, Collections and Small Claims for North Carolina on

Q: can my property be liened with a civil summons

i just got a civil summons for 2800 from calvry llc

i am on social security is only income

my wife and i and daughter live at house

we have no equity in the home

what should i do

Paige Kurtz answered on Mar 22, 2018

If the debt is legitimate, then the best option is to speak to the creditor and attempt to get a payment plan to pay the debt. You have 30 days from the date you are served to file a response with the clerk. If you don't, the party will be able to get a default judgment against you. Once the... Read more »

1 Answer | Asked in Family Law and Civil Rights for North Carolina on

Q: I'm 18 and living with my parents. I have my own job. My dad takes $10 every time he feels i disobey him. Is this legal?

I make all my own money and I have an online bank account which is where my money is being taken from.

Amanda Bowden Houser answered on Feb 23, 2018

At 18 you are an adult so no, your dad doesn't get to punish you that way anymore. So just refuse to give him the money (how is he getting into your online account?) or maybe be smart and put it in a real bank where he can't get to it. However, if you do that, he may kick you out or charge you... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for North Carolina on

Q: Can a police officer write me citation for driving on revoked even if he did not pull me over.?

He was at the motel I reside at picking up someone with warrants and seen me drive around the parking lot and park. I went down to front desk an hour after me parking the car and he came in and wrote me a dwlr ticket

Bill Powers answered on Feb 6, 2018

GREAT QUESTION - We've seen this happen in the past, although it involved a law enforcement officer whom was basically a neighbor and regularly checked DMV records.

While a citation may be written, that does NOT necessarily mean it can be proven in court.

Makes sense to talk to an...
Read more »

1 Answer | Asked in Civil Rights and Criminal Law for North Carolina on

Q: My wife punched me in the face, she was drunk, called the police to the hotel room to have me thrown out, they took her

and charged her with simple assault domestic violence. i filled out papers for a protective order here in nc, what can i do to get this order approved?

Bill Powers answered on Jan 9, 2018

That's a good question because that type of thing happens more than you might expect in North Carolina.

The best thing to do is just show up to Court. I see cases dismissed on a regular basis in Domestic Violence Court simply because the people don't show up.

Sometimes that's on...
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1 Answer | Asked in DUI / DWI, Civil Rights and Libel & Slander for North Carolina on

Q: Having something removed from record?

How do i go about having a dui charge from 2008 removed from record, background check? And also a charge that Im not sure if its on my record or not, but child neglect/abuse that i was never convicted of through court, but had to sign a paper for department of social services when me and my child... Read more »

Kristen Dewar answered on Dec 5, 2017

You cannot expunge a DWI conviction from your NC criminal record. You used to be able to, but the expungement law was changed as of December 1, 2015. Hopefully, the legislature will revisit the law and revise it one day.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Juvenile Law for North Carolina on

Q: I was charged as a minor but convicted as an adult. Is there anyway, besides expungement, to get those charges removed?

When I was 16 I got into a lot of trouble. The court system waited until I was an adult to fully convict me of a misdemeanor marijuana possession (1/2 > 1 & 1/2 oz) and now it's causing damage to my adult life. Is there any way to put these charges onto my juvenile record so that they will no... Read more »

Kristen Dewar answered on Nov 22, 2017

There is no other way in NC to remove charges from your criminal record other than expungement. $4000 is a lot for an expungement of this type. I would keep calling around for quotes.

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