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Sarah Jessica Farber

Sarah Farber’s Answers

474 total


  • My DWI attorney said that I only blew 0.08 and in other counties that will be reduced to a non DWI charge such as driving while

    consuming under 21 years old of age, or reckless driving? Can I get a motion to force the prosecutors in Wake to reduce the charge since other counties reduce it on the premises of abuse of discretion and discriminatory prosecution

    Sarah’s Answer

    I suppose you could file such a motion, but you'd be laughed out of court. You cannot force a DA to dismiss a charge to reduce it to a lower charge, that's entirely within the discretion of the DA's office and then how that office lets individual assistant DAs use their discretion. And in Wake, you are not going to get anywhere with that argument.

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  • My ex wife is cohabitating with a man in the house that we still own jointly. Can i legally have him removed?

    We have been divorced now for almost a year. She has moved this guy in to this house and keeps telling me I am not allowed on the property or she will have me arrested. Yet i still have my name on the mortgage, lights, water, etc. What can i do? W...

    Sarah’s Answer

    She's your ex-wife, so forget about who she lives with. Focus on getting your financial affairs in order so that you can get your name off of those bills and eithe rget the house refinanced in her name or sell it and split the profits/losses between you two. The financial entanglement you have with your ex is a far bigger issue than her boyfriend staying with her, in my opinion.

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  • Fiance was arrested, and told it would be 90days for an arraignment. Should I contact a lawyer?

    My fiance is $7900 behind in child support, he lost his job, we went to have it lowered or suspended until he could find work again (construction). Instead of the judge lowering it, he raised it to what minimum wage standards are: $51.92/wk Now fa...

    Sarah’s Answer

    He will get a first appearance and have a chance to ask for a court-appointed attorney then. That's what he should do.

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  • Good Afternoon- I am looking for an educated opinion. I am trying to recover some assets that I invested w/ my partner.

    I would like to know what are the Common Laws in the state of NC for couples that live together but are not married. I would like to know if I have a case to enforce a verbal contract here for money that I lend to my formal partner. Do you think I...

    Sarah’s Answer

    There is no such thing as a common law marriage in North Carolina.

    If you made an oral agreement to loan money, that can be an enforceable contract. Depending on how much you lent, it might be worth it to pursue it in small claims court. Legal Aid has some good information on Small Claims court, below.

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  • Ex didn't file 2012 tax return and probably won't file 2013. What can happen?

    My ex did not file his 2012 tax return and probably won't do so for his 2013 either. I believe this is probable since he cannot claim our child as a dependent (I have primary physical custody), he doesn't manage his resources to have the time/mone...

    Sarah’s Answer

    If you two were never married or are divorced, there won't be any tax consequences to you. If you are married filing separately or as head of household, that is more complicated.

    As for the child support calculations, the court can impute income to him if he does not provide any proof. Link below.

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  • Boyfriend has lived in NC for two years but doesn't have anything registered in NC. What can happen?

    My bf moved to NC two years ago, signed a rental lease agreement for a home in NC, and works in NC. His car and driver's license are still with VA. Could he get in trouble in NC or VA? Things like car property tax or insurance come into mind.

    Sarah’s Answer

    If he gets pulled over, and it comes out that he lives here, he can get charged for driving without a license. There is a statute that requires folks to get a license within 90 days of moving here. Your boyfriend should probably get on the ball and switch stuff over!

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  • How easy is it to transfer dna to a firearm

    just curisityy

    Sarah’s Answer

    Google "touch DNA" and you'll see various opinions.

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  • I was going 104 in a 65 in Raleigh North Carolina. I've had my license for under a year. This is also my first ticket.

    What fines should I be expecting to pay? Is it worth getting a lawyer?

    Sarah’s Answer

    If you are under 25, there is a class they are going to want you to take. It's important that you get a lawyer and also that you SLOW THE HELL DOWN. As others have said, you are at risk of losing your license. I am surprised you did not also get cited for reckless driving.

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  • Is there any way to attend a child support hearing without having to actually drive to the hearing location?

    My girlfriend just dropped the ball on me today to tell me she has a child support hearing (from her ex who has custody of her son and is collecting welfare so NC wants someone to pay) tomorrow morning, she just started working as a pre-k daycare ...

    Sarah’s Answer

    If she does not show up, she will likely have an order for her arrest issued. Then, if the State finds her to serve it, she will be their guest and get transportation from the sheriff to jail and then to court.

    I think finding a way for her to go tomorrow is a better option.

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  • Can probation be moved from one state to another

    my soon be husband is fixing get out of prison his is locked up at Lancaster State prison in Lancaster, CA can that be moved or not

    Sarah’s Answer

    Other folks have set you in the right direction. You can inquire at the Post-Release Supervision and Parole Commission to find out if California and NC play nicely together.

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