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North Carolina Criminal Law Questions & Answers
1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Municipal Law for North Carolina on
Q: North Carolina handgun & ammo related question.

Let's say I'm currently over 18 and under 21. I'm looking to have a parent purchase the firearm/ammo through a FFL to the give to me through private sale as a Gift. However, I'd like them to use a credit card or the store credit card that's in my name. Would this violate any laws?

James L. Arrasmith
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answered on Jan 10, 2025

This scenario raises several legal concerns. Using your credit card for a firearm purchase that's officially being made by your parent could be considered a "straw purchase" - where someone buys a gun on behalf of another person who can't legally buy it themselves. Federal law... 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 Criminal Law, Appeals / Appellate Law and Civil Rights for North Carolina on
Q: Taking a open plea because a witness has lied and later admits she lied or denies statments on phone from prison

What can we do to get this brought back into court to have the sentance reduced due to the false statements ? And can prove that she isn’t a credible Witness due to all of her lies that are in the discovery . And the defendant did not recieve all of the discovery before the plea was accepted.

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answered on Jan 5, 2025

If you believe the plea was based on false statements, you can take steps to address this in court. Start by collecting all evidence that shows the witness lied, including any admissions she made later or inconsistencies in her statements. Document how these false statements affected the outcome of... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Litigation and Insurance Defense for North Carolina on
Q: I have dwlr 5 I believe along with no insurance revoked tag and wrong tag..low income with 12 year old son. Single mothe

Please help. Jan Jan 7th and 10th

Tim Akpinar
Tim Akpinar
answered on Dec 25, 2024

A North Carolina attorney must advise here, but you await a response for two weeks and it looks like your hearing is around the corner. A starting point could be to look into whether you qualify for a public defender (state-appointed defense attorney, based on financial need), or to see if your... 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
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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...
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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
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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
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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
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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
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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
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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?

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James L. Arrasmith
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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?
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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
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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
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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

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
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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,...
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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
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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

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

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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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