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North Carolina Criminal Law Questions & Answers
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

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: How much additional parole time can be given for a second felony parole violation?

Specifically, failure to register a new address for the sex offender registry.

T. Augustus Claus
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answered on Oct 30, 2023

For a failure to register a new address for the sex offender registry, the additional parole time can range from 12 to 36 months.

The Parole Commission also has the discretion to waive the additional parole time requirement if the offender can show a legitimate reason for the violation....
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1 Answer | Asked in Criminal Law for North Carolina on
Q: What is the statue of limitations on committing perjury against an individual
T. Augustus Claus
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answered on Oct 24, 2023

In North Carolina, the statute of limitations for perjury against an individual is generally two years. This means that charges for perjury must be filed within two years of the alleged false statements being made. However, the specific application of the statute of limitations can depend on... View More

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 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 for North Carolina on
Q: Name is spelled wrong on warrant and court docet. Time and time again even after being brought to attention.

Is that grounds for dismissal

T. Augustus Claus
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answered on Sep 12, 2023

In North Carolina, errors in the spelling of a name on a warrant or court docket are typically considered clerical mistakes or typographical errors. These errors, on their own, are usually not sufficient grounds for automatic dismissal of a case. However, the significance of the error depends on... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: Can the law find drugs on you and let you go and then come back later and arrest you for them if you don't snitch

There were no arrest or charges made

T. Augustus Claus
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answered on Sep 11, 2023

The decision to cooperate with law enforcement, commonly referred to as "snitching," is a complex personal choice. While it may lead to leniency or reduced charges in some cases, it also comes with potential risks, including personal safety concerns. Legal counsel is often essential when... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Tax Law for North Carolina on
Q: If I pled guilty to a conspiracy to traffic in federal court do I have to pay a drug tax no drugs were ever found

No drugs were ever taken off my person or from my house. This is a conspiracy charge. The people that showed up to my house said they was taking my property even though they knew they was sending the notices to the wrong address. I had no clue I even owed this 7000.00 in STATE DRUG TAXES. the state... View More

James L. Arrasmith
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answered on Sep 11, 2023

Handling federal criminal charges and the related repercussions, including any potential drug tax assessments, can be incredibly complex. Generally speaking, federal and state proceedings are separate and the obligations or liabilities arising from them might be distinct. Given the gravity of your... View More

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: When an appeal case says published opinion, does it have legal authority?
T. Augustus Claus
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answered on Aug 30, 2023

In North Carolina, a "published opinion" refers to a written decision issued by an appellate court that carries legal authority, although the level of authority can vary. Such opinions serve as precedents and provide guidance for interpreting and applying the law. When an opinion is... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: If my Bond is released to a rehab facility can I switch rehabs or once I leave the first one do I have to go to jail
T. Augustus Claus
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answered on Aug 17, 2023

If your bond has been released to a rehab facility in North Carolina, the specific conditions and terms of your release will depend on the court's orders, the terms of your bond, and any agreements made with the court or legal authorities.

In general, if you're released to a rehab...
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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
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.

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