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North Carolina Constitutional Law Questions & Answers

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 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.

Timur 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, negotiable... 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

Timur 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

Timur 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

Q: Is our court actually considered a tribunal as in Admiralty law. The judge, DA and the prosecutor?

As a sovereign we have the jurisdiction over the land of the United States of America. What is the difference between a STRAWMAN and a Human Being.

Timur Akpinar answered on Feb 16, 2019

People use the terms loosely, but U.S. Constitution grants U.S. Courts authority to hear admiralty cases in Section 2 of Article III. In terms of maritime prosecutions, it is common for them to sometimes be handled jointly between the U.S. Department of Justice and U.S. Coast Guard, depending on... Read more »

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 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 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 »

2 Answers | Asked in Constitutional Law, Criminal Law and Federal Crimes for North Carolina on

Q: I just found out that a police report from 9 years ago says that I have a warrant for my arrest!

I recently got a copy of a police report dated back in 2009, but it states that a "warrant would be issued." I dont know why the police wrote that on there! In 2009, I called the police for domestic violence and they claimed that I lied when I didn't. They took me to the police station to get my... Read more »

Bill Powers answered on Mar 8, 2018

BEST to talk to an experienced Criminal Defense Lawyer where the Warrant for Arrest has been issued.

These things tend to be a bit complicated.

Many, if not most, defense lawyers in NC give free advice to start. We call that a free, confidential consultation.

GREAT QUESTION...
Read more »

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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 Constitutional Law, Family Law and Probate for North Carolina on

Q: If my father is legally separated and has been for 6 months and he passes away who is the rightful heir of his property?

Amanda Bowden Houser answered on Nov 20, 2017

Legally separated is a misnomer. In NC, one is simply either separated or they are not. Mere separation has no impact on how the estate will be disbursed. So it depends on what his separation agreement and will say. If no formal separation agreement or will - likely his spouse will inherit.

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 evidence... Read more »

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 Constitutional Law for North Carolina on

Q: Does state legislature over rule US district Court order?

Robert Jason De Groot answered on Oct 20, 2015

I need some specifics here. Like the court decision and the statute.

1 Answer | Asked in Constitutional Law for North Carolina on

Q: Anyone over 21 can cary a hand gun in plain sight,if they are legal

Robert Jason De Groot answered on Oct 20, 2015

Did you have a question. This is not a question but a statement.

1 Answer | Asked in Constitutional Law for North Carolina on

Q: I need help writing a brief on Abuelhawa v. United States, 556_(2009) can anyone point me n d rite direction

Robert Jason De Groot answered on Oct 20, 2015

First you need to learn how to spell the word right. Then you need to learn how to write a brief. But that was many years ago.

1 Answer | Asked in Constitutional Law for North Carolina on

Q: Am I elegible for an attorney? I feel that my daughter was violated and my son was denied his right to be dismissed...

My kids were at school on halloween. We dont celebrate it because of our religious preference. The school invited a man to tell ghost stories and then he used several children to demonstrate a voodoo doll which is considered witchcraft and my daughter was one of them. We are against this 100%. He... Read more »

Robert Jason De Groot answered on Oct 10, 2015

Perhaps.

1 Answer | Asked in Constitutional Law for North Carolina on

Q: Am I required to roll down LEGALLY tinted rear windows during a traffic stop if asked/ordered?

In North Carolina, the law allows windows behind the driver on SUVs to be tinted as dark as desired. What if an officer were to stop me for a traffic violation and asked me to roll down the rear windows on my SUV so he could see the back seat? Do I have the right to refuse under the Fourth... Read more »

Robert Jason De Groot answered on Oct 8, 2015

Yes to the main question.

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Elder Law for North Carolina on

Q: How to get a New Trial in the NC Supreme Court when the Court of appeals has been deceived by a lower civil court case?

03cvd6867 the initial case of Civil & Marital Rights Violations by Power of Attorney Abuser and Attorney Misconduct. Evidence of Truth wrongfully withheld. False testimony given to deceive Jury and NC Court of Appeals 398P08.

Robert Jason De Groot answered on Sep 16, 2015

Appeals are quite complex and appellate courts do not hold new trials. So, the best thing to do is speak with your appellate attorney.

1 Answer | Asked in Appeals / Appellate Law and Constitutional Law for North Carolina on

Q: To get a Civil appeal tolled, what does tolled mean?

NC Rule 59 Motion for new trial.

Robert Jason De Groot answered on Aug 12, 2015

Basically, it means suspended.

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