Ask a Question

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

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
North Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for North Carolina on
Q: My phone was taken as evidence a year ago. I know there is no evidence on the phone.its been a year. How do I get it bac
Lynn  Norton-Ramirez
Lynn Norton-Ramirez
answered on Mar 4, 2024

It depends if the case or investigation that precipitated the seizure of the phone is still pending. If it has been closed, a Return of Property order signed by the judge and addressed to the law enforcement body in possession of the phone is recommended. If the investigation and/or case is... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: I got a felony violation charge just to get off probation, is this something that happens a lot and can I do anything?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2024

In North Carolina, receiving a felony violation charge as a means to expedite the termination of probation is not a standard legal procedure and is generally not advisable due to the significant negative consequences of having a felony conviction on your record. Such an action could result in... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for North Carolina on
Q: Can a person be held locked up for 1st degree murder,denied bond twice, without any evidence except one person statement

laws have NO physical evidence.

person was previously in a bad dirt bike accident and has plates in both wrist, and is NOT physically capable of shooting a gun.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

In North Carolina, as in other jurisdictions, it is possible for a person to be held without bond on serious charges such as first-degree murder, based on the severity of the alleged crime. The decision to deny bond typically considers factors such as the nature of the charges, potential risk to... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: I had a felony expunged. It still shows up on records like truth finder. How it this removed. It's 30 years old
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024

First, verify that the expungement order was properly processed and filed. If the expungement was done correctly, reach out to the relevant authorities or agencies to request a thorough update of their records. Additionally, contact TruthFinder directly to inquire about their data sources and... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: My friend has 17 dismissals with leave in North Carolina from 2007 tell 2020 what does this mean.
Brad Trexler
Brad Trexler
answered on Jan 22, 2024

Dismissals with leave put this case in a sort of purgatory where they are still alive but will not be put on the docket. Most likely these cases will prevent your friend from getting a valid license but will not have much other consequence as the cases should not have any active warrants for arrest... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and Juvenile Law for North Carolina on
Q: neighbor videoed my 2 year old daughter while she was standing naked in our doorway on our property what can I do
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2024

If your neighbor videotaped your two-year-old daughter while she was naked on your property, this is a serious concern that may involve privacy and child protection laws. In North Carolina, it's illegal to photograph or record a minor in a state of undress without consent, and this can... View More

1 Answer | Asked in Criminal Law and Immigration Law for North Carolina on
Q: CAN A PERSON WITH MISDEMEANOR LARCENY CALSS1 IN NORTH CAROLNA HAVING A GREEN CARD FOR THE PAST 5 YEARS TRAVEL ABROAD?

DOES THIS COME UNDER PETTY THEFT ECEPTION AS THE AMOUNT WAS $989 AND THE CASE HAS BEEN DISSMISSED AND GONE FOR EXPUNGE.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 13, 2023

In your situation, having a green card and a dismissed misdemeanor larceny charge in North Carolina, you generally have the ability to travel abroad. However, there are a few important considerations to keep in mind.

Firstly, the nature of your charge and its dismissal can play a crucial...
View More

1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Communications Law for North Carolina on
Q: So if The person recording everything about a day is the only person knows that they're recording it still legal

My wife wants me to record everything that happens at work if I'm not on call with her, is that still legal if I'm the only person who knows that they're recording is there and I'm the only person consenting to it but no one else knows is that even legal

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

In North Carolina, the legality of recording conversations hinges on the state's consent laws. North Carolina is a "one-party consent" state, which means that as long as you are a party to the conversation, you can legally record it without needing to get permission from the other... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for North Carolina on
Q: What to do / say to an officer when pulled over? Anyone have a concise information sheet that can be kept in car?

I've seen lots of videos and articles on what to say/do or not say/do during traffic stops. But what I'm wondering is, does anyone have a concise sheet / summary of these basic instructions that could be kept in the vehicle so that I could actually... remember some of this advice?... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 21, 2024

When you’re pulled over, stay calm and pull over safely to the side of the road. Keep your hands visible, preferably on the steering wheel, and wait for the officer to approach. Avoid making sudden movements and follow the officer’s instructions carefully.

Provide your driver’s...
View More

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: What can I do to get my case seen in court or to have it dismissed when It is a pending Felony, waiting on indictment?

I paid a lawyer $5000 assuming that his legal advice would be the best solution. I wanted to be seen in court asap and to prove innocence and not have to wait on indictment. I wasn't aware that either way I had to wait on indictment. I was under impression that waiving my show cause hearing... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2024

I'm really sorry you're going through this difficult time. It's important to reach out to your current attorney to discuss the delays and express your concerns about the pending felony status affecting your employment. Make sure they are actively working on your case and ask for a... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for North Carolina on
Q: If I were to fire my court appointed attorney in NC are they required to assign me a new one? If so what is the process?

My court appointed attorney lacks communication, won’t file a motion for a bond reduction hearing no matter how often I request it, won’t take into consideration valuable information/evidence that I have pertaining to my case and has tried to push me towards taking a plea that i don’t want to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 2, 2024

In North Carolina, you have the right to request a different court-appointed attorney if you believe your current one is not adequately representing you. To initiate this process, you should first communicate your concerns clearly to your attorney in writing, detailing the specific issues you’re... View More

1 Answer | Asked in Criminal Law and Civil Rights for North Carolina on
Q: My questions is, was this a legal search?

A police officer saw a vehicle they believed to be a rental car, with a male driver "leaning behind the "B" post and his hood pulled tightly around his head". Officer followed the car. A second officer joined. First officer stated they were unable to observe a violation and so... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2024

When assessing whether a search was legal, it's crucial to consider the Fourth Amendment, which protects against unreasonable searches and seizures. In this scenario, the initial welfare check might be justified if the officer genuinely believed the occupants needed assistance due to their... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for North Carolina on
Q: age of consent in NC. i was texting somone i thought was 21 online and turned out to be a 16 year old girl. im 25.

I'm 25 and i was on an online dating app. i starting texting a girl i thought was 21 because her profile said so, i shared explicit images with her and receive a phone call from her parents threatening legal action. turns out she is 16. google said the age of consent in North Carolina is 16. I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2024

It sounds like you're in a concerning situation, and it's understandable to feel worried. In North Carolina, while the age of consent is 16, there can still be legal consequences for sharing explicit images, especially if the person involved is a minor. The laws surrounding this can be... View More

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: Is there a time limit for felony charge court dates that are moved to Superior Court?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2024

When felony charges are moved to Superior Court, there are specific time limits that the court must follow. Typically, after a preliminary hearing in a lower court where a judge finds probable cause, the case is "bound over" or transferred to Superior Court for further proceedings. At... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Health Care Law for North Carolina on
Q: I am trying to help an incarcerated loved one with court-order rehabilitation; process for Power of Attorney?

-

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2024

To help an incarcerated loved one with court-ordered rehabilitation, you’ll need to establish Power of Attorney (POA) to manage their legal, financial, or medical matters. Start by discussing with your loved one the specific powers they want to grant. This can be for general matters or specific... View More

1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Civil Rights for North Carolina on
Q: Need an Attorney to help me finish this lawsuit. I'm homeless and hard to keep up with this way. Who can/will help?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

Finding an attorney to help you finish your lawsuit while facing homelessness can be challenging, but there are resources available that may assist you. Start by reaching out to legal aid organizations in your area. These organizations often provide free or low-cost legal services to those who are... View More

1 Answer | Asked in Criminal Law and Civil Rights for North Carolina on
Q: My boyfriend is currently incarcerated. He believes he has a case due to the use of excessive force. What should we do?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

First, it's important to gather as much evidence as possible regarding the incident where excessive force was used. This could include medical records, photographs of injuries, witness statements, or any video footage that may exist. Documentation is key in building a strong case.... 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Criminal Law and Civil Rights for North Carolina on
Q: There is a lot to this story but here is the biggest now. What do we do about the following:

our water was disconnected due to the water companies claim if it being more than 2 years since it was last paid and they say it is over $2,000. apparently someone tampered with it and they assume it was my husband and issued warrants for his arrest.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2024

I'm so sorry to hear about your situation. The first step is to gather all the documentation you have regarding your water bill payments and any communication with the water company. This will help you build a clear timeline and provide evidence that might support your case.

Next,...
View More

1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for North Carolina on
Q: a lady with connections to city and county services.and church groups had members stalk and harass me. can I sue

I have videos and pictures of the vehicles as well as some of the names of the people involved

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2024

You have the right to take legal action if you are being stalked and harassed. Gathering evidence such as videos, pictures of vehicles, and names of individuals involved strengthens your case. It’s crucial to document everything meticulously and keep a detailed record of all incidents.... 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.