Ask a Question

Get free answers to your Constitutional Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
North Carolina Constitutional Law Questions & Answers
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... View More

Bill Powers
PREMIUM
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...
View More

View More Answers

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
PREMIUM
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...
View 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 Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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 Constitutional Law for North Carolina on
Q: Does state legislature over rule US district Court order?
Robert Jason De Groot
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
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
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... View More

Robert Jason De Groot
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... View More

Robert Jason De Groot
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
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
Robert Jason De Groot
answered on Aug 12, 2015

Basically, it means suspended.

1 Answer | Asked in Constitutional Law for North Carolina on
Q: how long can i request an ammendment to pleadings in my federal civil rights case?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 11, 2014

See Federal Rules of Civil Procedure, Rule 15:

RULE 15. AMENDED AND SUPPLEMENTAL PLEADINGS

(a) Amendments Before Trial.

(1) Amending as a Matter of Course. A party may amend its pleading once as a matter of course within:

(A) 21 days after serving it, or

(B)...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.