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North Carolina Criminal Law Questions & Answers
1 Answer | Asked in Child Custody, Family Law and Criminal Law for North Carolina on
Q: Nc child custody lawyer need help. Have to go back and want to know gull extend of options believe been screwed

Had custody case got 5050. Unsure never got a final copy and has been 4 years. Problems have persistent need to go back feel like right have been violated with the case need help going back

Stephen Edward Robertson
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Stephen Edward Robertson
answered on Jan 12, 2023

First you should call the clerk of court to find out if an Order has been entered. You should have been served, but it is possible that an Order was entered without you being served. The clerk will be able to inform you of the status of the case. If there is no actual written Order in the file,... View More

2 Answers | Asked in Criminal Law for North Carolina on
Q: I have a pending case ..I'm currently in drug treatment and my center sent in documentation. Now I dont see my case

My case is not showing up on the docket. I've searched high and low its like It's disappeared. I was told I was indicted but nothing. Is it possible the case was dropped?

Nick Benjamin
Nick Benjamin
answered on Jan 10, 2023

It could mean you missed a court date and have a warrant, or it could mean you were indicted and haven’t been served with the indictment, among other things. Call your lawyer if you have one, or you can possibly call the district attorneys office and they can give you an update, or the clerks... View More

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2 Answers | Asked in Criminal Law for North Carolina on
Q: I have a pending case ..I'm currently in drug treatment and my center sent in documentation. Now I dont see my case

My case is not showing up on the docket. I've searched high and low its like It's disappeared. I was told I was indicted but nothing. Is it possible the case was dropped?

Christopher A. Beechler
Christopher A. Beechler
answered on Jan 10, 2023

If you didn't speak directly with the district attorney's office, you might have been marked absent in which case an order for arrest may have been issued. You can call the clerk of court of the county in which you're charged, and a deputy clerk can verify that for you. If there... View More

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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for North Carolina on
Q: Is it illegal (criminally or civilly) to forge timestamps on a commitment custody order?

I am the victim of criminal abuse of the civil commitment process. Among the wrongdoings committed was the officer deliberately entering false timestamps on the custody order for the time taken into custody and time delivered to the examination unit. He deliberately entered both times as exactly... View More

W. Scott Harkey
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answered on Jan 4, 2023

Forgery of Writings is a common law offense in North Carolina. Common law forgery occurs when someone 1) falsely makes or alters a writing; 2) at the time the person made or altered the writing they intended to defraud; 3) the writing appeared to be genuine; and 4) the writing, if genuine, would... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: What does statute 15a-727,733,734 mean and is he getting arrested in court tomorrow

He was arrested in NC for a warrant in Virginia. I made his bail in NC and Tom he has court and these statues are on court calendar. Will he be arrested and sent to va tom in court?

Nick Benjamin
Nick Benjamin
answered on Dec 15, 2022

He has an extradition warrant. Virginia has 90 days to issue a governors warrant for his arrest, otherwise the extradition warrant will be dismissed. If they had issued the governors warrant, he probably would have been served already, but yes there is always a chance that the governors warrant... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: Is there a feasible legal way around missing a court date for a legitimate health or indigent situation?

I am basically homeless nine months pregnant no friends or family where I am missed court and also there are charges. I don’t know what or where they came from. I need help immediately and I don’t have any money or any way to get any. Please help me.

Nick Benjamin
Nick Benjamin
answered on Dec 10, 2022

Being indigent does not make you unable to make your court date. If you have a health reason, such as you were in the hospital, get some paperwork showing that, and bring it to court when it is in session and ask the judge to strike the warrant. Ask for a public defender, and if you already have... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: Can I get charged with drugs if a detective let's me go after he seen I had drugs

The cop said he was a detective but didn't show a badge didn't do anything routine that they are supposed to do he said he works with the police department but not at it

Philip J. Clarke III
Philip J. Clarke III
answered on Dec 6, 2022

Simply, yes, very possibly. You included very few details. Can you get "Charged with drugs"? It sounds to me like you expect to be, or have already been charged with some kind of drug charge. If so, then you have your answer as to "charged". However, it is one thing to... View More

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: 6 FelonyLarceny by Employee. Guilty. No criminal records. Can I still avoid jail time? Can I do programs instead?

Hello. I really need your help and advice. I hope you can help me, please. I’m charged with 6 Felony Larceny by Employee at Walmart on November 21, 2022. Yes, I’m guilty of stealing 6 jackets (total amount around $150). I have no criminal records. I made a terrible human mistakes. I’m... View More

Philip J. Clarke III
Philip J. Clarke III
answered on Nov 28, 2022

Good that you see clearly your mistake. Good that you have no record and are not in jail. Since you are suddenly stealing I guess you are broke, so you need to ask that an attorney be appointed to represent you when you go to court -- an/or you might call a criminal defense attorney as soon as... View More

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: Hello! My fiance is in jail right now and he waiting to be sent to North Carolina. He ran on his probation in June 2021.

With only 4 months to go without registering a change of address. I was told this happened before a few years ago. He only served maybe 60 or so days is what I'm told and the rest on probation til October of 2021 but

ran before he could. Could he be facing the same charges or could... View More

James L. Arrasmith
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answered on Apr 16, 2024

I understand that this is a challenging and stressful situation for you and your fiance. The consequences for violating probation by failing to register a change of address and fleeing can vary depending on the specific circumstances and the laws of the state where the original offense occurred.... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: im out on bond on house arrest does it count as jail time?
W. Scott Harkey
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answered on Mar 5, 2024

No. You do not get credit toward confinement while on Electronic House Arrest. The applicable statute can be found at N.C. Gen. Stat. § 15-196.1. As always, consult your attorney regarding the specifics of your case.... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Federal Crimes for North Carolina on
Q: I've been mentally tormented and tortured through vigilance from the community and feds and local authorities how can I

I've been told through synthetic telepathy I am under investigation. I've been attacked every second of the day. Using HIGHLY ILLEGAL MIND READING TECHNOLOGY,REMOTE NEURAL MONITORING, V2K, been sprayed with Truth Serum and attacked by community vigilance. I continue to get blamed for... View More

James L. Arrasmith
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answered on Jan 4, 2024

It sounds like you are going through a very distressing and complicated situation. If you believe you are being unjustly surveilled or harassed by local authorities or other entities, it is important to gather as much tangible evidence as possible. This could include documenting instances of... 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

2 Answers | Asked in Criminal Law, Products Liability and Car Accidents for North Carolina on
Q: Am I liable for the incident explained below?

Hello,

I live in Clyde, North Carolina and this is where the incident occurred. I was parked at a dollar general in a designated parking space and when I came back out after purchasing products, there was a Dollar General Semi Truck parked right behind me. I went to pull out slowly and was... View More

Joel Gary Selik
Joel Gary Selik
answered on Dec 1, 2023

Yes you would be liable. Though it sounds they like they will not pursue this.

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1 Answer | Asked in Criminal Law and Personal Injury for North Carolina on
Q: If your love one is in prison and they were assaulted is their anything that can be done about it?

Love one was stabbed multiple times in his sleep and the prison staff didn’t notify his family they wasn’t even on their post and allowed another inmate to come out of his area to attack my love one while he was sleeping and again when he woke up to defend himself when the other inmate came... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 15, 2023

The standard of care to hold a prison liable is whether the prison staff’s conduct rose the level of “deliberate indifference” in not taking steps to transfer your loved one to a safer place. Contact local civil rights counsel for more specific advice.

1 Answer | Asked in Criminal Law for North Carolina on
Q: Can a scheduled 3controlled substance charge be expunged? It's was a suboxoene strip
Kristen Dewar
Kristen Dewar
answered on Sep 16, 2023

Yes, that is currently eligible for expungement.

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Elder Law for North Carolina on
Q: My father has dementia and my brother got him to sign a power of attorney. My brother has know claimed all his property.

Not legally as I have the deeds. Father is alive, Mother deceased. He is claiming squatters rights that he's living with my father over 2 months. Some lawyer told him can claim the property? Is this legal?

I have the deeds as my brother is an ex-con.

Ben Corcoran
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Ben Corcoran
answered on Aug 17, 2023

You probably need to get an attorney to look at everything.

The physical deeds are just pieces of paper the only thing that matters is what is recorded in the register of deeds.

1 Answer | Asked in Criminal Law for North Carolina on
Q: What is the penalty for a conviction of having a weapon of mass destruction

My son-in-law was charged as a felony charge for a sawed off shotgun.

W. Scott Harkey
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answered on Aug 6, 2023

Possession of a weapon of mass destruction is a class F felony in North Carolina. Depending on the defendant’s prior record, the offense is punishable by 10 months minimum and 59 months maximum.

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 Criminal Law and Animal / Dog Law for North Carolina on
Q: My dogs were stolen, a police report was made., no a rescues has them and says I have to pay to get them back

They have them over 4 hrs away .. I can't get there and don't have the money to pay

John Michael Frick
John Michael Frick
answered on Jun 23, 2023

Tell the police who has your dog and that they are holding it for ransom.

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