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North Carolina Civil Rights Questions & Answers
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 Johnson
Amanda Bowden Johnson 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... Read more »

Carl Shusterman
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
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
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 Johnson
Amanda Bowden Johnson 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
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 Johnson
Amanda Bowden Johnson 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 Johnson
Amanda Bowden Johnson 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... 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
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 Johnson
Amanda Bowden Johnson 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... 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
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...
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
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...
Read more »

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
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... Read more »

Kristen Dewar
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.

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for North Carolina on
Q: Can you use the same evidence obtained during a civil case in a separate tort commission case?

I'm asking for someone who is in prison. He was attacked by prison guards who used unreasonable force and violated his amendment rights. He gained evidence against them in a civil lawsuit, and they admitted to hurting him. However, now they're doing a tort commission case, and his only... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 6, 2017

Usually if it's admissable in civil court it's admissable in other courts, certainly in administrative proceedings. Presumably he has an attorney and should ask them.

1 Answer | Asked in Family Law, Child Support and Civil Rights for North Carolina on
Q: How can I terminate paternal rights?

I am having a baby with a girl that says she is moving overseas with her army boyfriend and they will terminate rights while I still have to pay childsupport they will also not let me sign the birth certificate. I want nothing to do with her or the baby what are my rights in terminating my paternal... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Sep 25, 2017

None - you don't get to terminate your parental rights unilaterally. the easiest way for your rights to be terminated is for her to sucker the Army boyfriend into marrying her and adoption the child. It would require your consent but it would end your obligation to pay child support.

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for North Carolina on
Q: How is it that after 1 hour and 19 minutes my BAC did not change? Should I get a liver enzyme blood test?

The body metabolizes alcohol at the rate of about 0.005 per twenty minutes. A different reading from the field test to the facility test should be shown. I am a healthy male 131 lb. and waited and hour before driving. If the equipment gave a false reading and scientifical the level should have... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Aug 8, 2017

Every body metabolizes alcohol differently based on a plethora of factors. The field or portable breath test is highly unreliable. Even the machine used at the station has a .02 +/- variance. But even if you were given the benefit of a .02 variance in your favor, you are still a full point above... Read more »

1 Answer | Asked in Family Law, Civil Rights and Criminal Law for North Carolina on
Q: I'm 20 years old and my boyfriend is 19 I want to move in with him and he wants the same thing he lives with his mom

Does he have any legal right to let me move in if its his choice as an legal adult and his mom said no when she doesn't have any guardian ship over him any more

Amanda Bowden Johnson
Amanda Bowden Johnson answered on May 22, 2017

This really ought to be common sense for you but if mom owns or is otherwise in control of the house (ie via a lease) and mom said no - that's pretty much all you need to know. Be respectful and let that be the end of it. Even if boyfriend does have some legal right to allow you to live... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Rights for North Carolina on
Q: Baby born in SC. Parents are NC residents. Which state has jurisdiction?
Amanda Bowden Johnson
Amanda Bowden Johnson answered on May 12, 2017

Usually where ever the baby has lived for the last 6 months is where jurisdiction is. .

1 Answer | Asked in Civil Rights and Employment Law for North Carolina on
Q: Can I be fired in north Carolina for calling out to care for my sick child?
Kirk Angel
Kirk Angel answered on May 9, 2017

Yes, unless your absence to care for your child is otherwise covered under the Family and Medical Leave Act (FMLA). The FMLA provides covered employees who work for covered employers with up to 12 weeks of leave for a serious health condition. Not all employers and not all employees are covered by... Read more »

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