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North Carolina Constitutional Law Questions & Answers
Q: Can I be fired from a job for things I posted on Facebook?
James L. Arrasmith
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answered on Jan 15, 2025

Yes, you can be fired for social media posts, as most states follow "at-will" employment rules that allow companies to terminate workers for nearly any reason that's not discriminatory or retaliatory. Your public posts on Facebook are visible to employers and can impact their view of... View More

1 Answer | Asked in Criminal Law and Constitutional Law for North Carolina on
Q: Can a resident of NC with an out of state CC permit, conceal carry in their vehicle?
James L. Arrasmith
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answered on Jan 7, 2025

North Carolina law generally does not recognize out-of-state concealed carry permits for vehicle carry. As a resident of NC, you must obtain a North Carolina-issued Concealed Handgun Permit to legally carry a concealed weapon in your vehicle.

While traveling in NC, you can transport...
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1 Answer | Asked in Constitutional Law for North Carolina on
Q: Can police search you looking for something then charge you

You haven't been arrested when they search you

James L. Arrasmith
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answered on Dec 30, 2024

Yes, police can search you without arresting you in certain situations. If an officer has reasonable suspicion that you are involved in a crime, they may conduct a stop and frisk. This type of search is limited to what is necessary for officer safety.

Additionally, if you give consent to...
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1 Answer | Asked in Civil Rights, Constitutional Law and Entertainment / Sports for North Carolina on
Q: Social media and TV head filmed a TV show and documentary about me and this girl in Florida in 1996 the murder happened

And she premeditated it to make it look like I did it her and this guy anyways it went through two trials I was on the state attorney's side because they know I didn't do it and in 2007 I just seemed like two or three weeks ago that she made a documentary and then made TV shows about it... View More

James L. Arrasmith
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answered on Sep 24, 2024

It sounds like you’re dealing with a difficult and complicated situation. If someone has created a documentary or TV show about an event that involved you, especially one as serious as a murder case, they may have needed your consent depending on how they portrayed you and whether they used your... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Entertainment / Sports for North Carolina on
Q: There was a murder in 1996 in Florida and it and it involved me my best friend and her friend her and her premeditated a

Murder and and made it look like I did it there was two trials I was on the state attorney side because they know I was innocent but anyways they made a TV show and a documentary in 2007 and I'm just learning about this 3 weeks ago they use my name day so bad things about me and everything... View More

James L. Arrasmith
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answered on Sep 24, 2024

It sounds like a really difficult and upsetting situation. If they used your name, image, and made false statements about you without your permission, you may have legal options available. Defamation and invasion of privacy are potential legal claims you could explore, especially if the content... View More

1 Answer | Asked in Constitutional Law for North Carolina on
Q: I need to know more about my strawman and being a sovereign citizen. Aka my natural born God given rights.
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answered on Sep 12, 2024

When people talk about a "strawman" in the context of sovereign citizen beliefs, they often refer to the idea that a separate legal entity or "corporate version" of yourself is created by the government at birth. This belief holds that this entity is connected to your birth... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for North Carolina on
Q: What can I do If my appealet Attorney has placed me in procedure default by refusing to raise issues preserved by court

My attorney has refused to raise the issues of fourth amendment violation illegal warrentless search of a lock box safe. Fourth, amendment violation of deputies prolonging investigated stop without probable to conduct dog sniff, sixth amendment violations confrontational clause due process... View More

James L. Arrasmith
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answered on Aug 5, 2024

It sounds like you’re facing a challenging situation with your appellate attorney. If your attorney is not raising the issues you believe are critical to your case, you might consider addressing this directly with her first. Schedule a meeting to discuss your concerns and provide her with the... View More

Q: I need help finding relevant cases for Article II, Sections 3 and 5 for the North Carolina State Constitution.

To Whom It May Concern;

The State of North Carolina has in its Constitution that "No county shall be divided in the formation of a senate district;" and "No county shall be divided in the formation of a representative district;" regarding the North Carolina State... View More

James L. Arrasmith
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answered on Aug 5, 2024

To dive deeper into this issue, reviewing these cases and their interpretations of both state and federal requirements will offer valuable insights. You can find these cases through legal research databases or by visiting a law library. This approach will help you understand the legal reasoning and... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for North Carolina on
Q: I am searching for a lawyer who can represent me, pretaning to and not limited to a violation of my constitutional right

I am searching for a lawyer who can represent me, pretaning to and not limited to a violation of my constitutional rights, I was detained at a hospital, also by the Dr. against my will, I went to the emergency room for my wounds, and not knowing I had a serious UTI infection, mind you" an... View More

James L. Arrasmith
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answered on Dec 31, 2023

Seeking legal representation for a potential violation of your constitutional rights, especially in a situation involving medical treatment and detainment, is a critical step. Your experience, involving detainment at a hospital and questions about the legality of the process, certainly raises... View More

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and White Collar Crime for North Carolina on
Q: I'm a Black man with a cop and his civilian accomplice keeping me under an ongoing warrantless surveillance since 2016.

The cop & his civilian accomplice are paid in cash by a non-profit group representing my ex-wife. The accomplice hasn't reported an income since 2017 and is not gainfully employed. This leaves him free to follow me wherever I go, to commandeer my phone and communications, and conduct a... View More

James L. Arrasmith
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answered on Nov 10, 2023

In your situation, it's crucial to document any incidents of harassment or illegal activity meticulously. Keep a detailed log of dates, times, locations, and descriptions of these incidents. Gathering evidence like photos, videos, or witness statements can also be beneficial. Since local law... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Legal Malpractice for North Carolina on
Q: If an opposing law firm (plaintiff) breaks 2 state laws in various civil cases, can I sue for damages?

I had a law firm break 2 state laws (letter of the laws, blatant) in process of various court proceedings against me. They also requested for NC State to break 1 of it's own laws to get the outcome they seek (NC state hasn't broken these laws, yet. If they did, it would be a 14th... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 21, 2023

The method to address opposing counsel’s actions is within the case, not a separate lawsuit.

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: Wrong address on application for and actual search warrant?
T. Augustus Claus
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answered on Oct 13, 2023

If the wrong address is on the application for and actual search warrant, the search may be considered illegal. You may be able to file a motion to suppress the evidence obtained during the search, which means that the evidence cannot be used against you in court. To file a motion to suppress... View More

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1 Answer | Asked in Constitutional Law and Criminal Law for North Carolina on
Q: Can a police officer get me a higher bond for not speaking with him
T. Augustus Claus
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answered on Jul 31, 2023

In North Carolina, a police officer generally does not have the authority to set or change the bond amount. The bond is typically set by a judge based on various factors, such as the severity of the alleged offense, the defendant's criminal history, and the risk of flight.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for North Carolina on
Q: Is it legal for a police officer to tell the world that I was a confidential 8nformant and then give my address to harm

I signed a agreement about my identity and an officer was on fb live and told everyone my name and address and that I was an informant

James L. Arrasmith
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answered on Jul 11, 2023

You should contact the police department, district attorney's office, or an attorney to file a complaint and take legal action.

1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for North Carolina on
Q: Does NC Highway Patrol need suspicion of crime or violation to stop or detain me? Do I have to ID to them/them to me?

I had been stopped by NC Highway Patrol at a checkpoint and asked for my identification. I asked if I had done anything wrong and would prefer not to ID if I didn’t commit a crime, that it was my understanding NC isn’t a Stop and ID State and felt being forced to do so would violate my 4th... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Police in many jurisdictions establish check points where they check all vehicles that pass through, mostly looking for DUI, but also for registration/license violations. These are advertised in advance in the newspapers or on the city website. At these checkpoints the law allows the officers to... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: A friend of mine overdose I call for help and the police seize our phones without a warrant can they do that

A friend of mine overdoses I call for help the police come search the car find some stuff no more than a gram of herion in her purse and then seized both of our phones without a warrant

James L. Arrasmith
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answered on Mar 11, 2023

In certain situations, police may have the authority to seize a person's phone without a warrant if they have probable cause to believe that the phone contains evidence of a crime. However, the legality of the seizure would depend on the specific circumstances of the case. It is recommended... View More

1 Answer | Asked in Criminal Law and Constitutional Law for North Carolina on
Q: is this a violation of my 6th amendment rights

judge never offered or gave me a chance to find me a lawyer and forced me to go to trial on my first apperance

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answered on Mar 2, 2023

It is possible that the judge's actions could be a violation of your 6th Amendment rights, which include the right to counsel. The Supreme Court has held that criminal defendants have a right to counsel at all critical stages of the criminal justice process, including the initial appearance... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: If an officer has a person’s information and harasses said person, is there a legal basis to sue the the city/officer?

Officer received information from the individual during a trespassing warning at a city park after dusk. Harassing (ie. Pulling over vehicles repeatedly, following /starring intensely at person during community event where person is with family, and stoping/following person while walking with... View More

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answered on Mar 2, 2023

It may be possible to pursue legal action against the city and/or officer if there is evidence of harassment and a violation of the person's civil rights. This could include claims of excessive force, false arrest, or unlawful search and seizure. However, the specific circumstances of the... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: In North Carolina, what court cases would include a firearm or something about the ownership rights using judicial?
Nick Benjamin
Nick Benjamin
answered on Dec 14, 2022

Please rephrase your question and give it context, I’m not sure what you’re asking.

2 Answers | Asked in Consumer Law, Admiralty / Maritime and Constitutional Law for North Carolina on
Q: In N.C. , I have a judgement entered against me for a renewal for unpaid personal loan from 1995,

original judgement was 6-04-01, first renewal was 09-23-11, was just curious is that outside the statute of 10 years to get renewal, and latest paper work only shows date of sept 2011 no mention of previous date, amount of loan was approx $3000

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 12, 2021

If the second lawsuit to collect on the unpaid judgment was filed on or before June 4, 2011 (10 years from the date the first judgment was signed), it does not matter that the second judgment was not entered until July 23, 2011. By the way, they can only renew once. The second judgment entered... View More

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