If you're stopped for a police pat down, also known as a terry stop, you may wonder if the police officer can take or seize whatever he find on you. As in most cases, the answer to these questions is - it depends. The Fourth Amendment to the United States Constitution prohibits law enforcement officers [...]
Innocent plaintiffs are often frustrated by the need to pay attorney's fees despite their legitimate claims against wrongful defendants. Understandably, many plaintiffs believe that they would not need to spend money on legal fees if the defendant had not acted wrongfully. Thus, successful plaintiffs often seek to have the defendant pay their legal fees for [...]
What is a 30 Day Civil Revocation? In North Carolina, it's possible to have your license revoked immediately upon getting charged with a criminal or traffic offense before even going to trial. Unfortunately, getting your license back in this situation can be tricky. But, it's doable and you'll need to act quickly. If you are [...]
In child custody cases there are times when a non-parent wants to pursue custody of a child. This is referred to as third party custody. In these types of cases, there are certain obstacles that non-parents will need to overcome. The Child's Best Interest When parents are faced with a dispute involving custody of their [...]
The United States Sentencing Commission ("USSC"), an independent agency in the judicial branch, has voted unanimously to amend the federal sentencing guidelines to reduce the sentences for most drug trafficking offenses. Perhaps most notably, this amendment will apply retroactively. Therefore, the amendment could shorten sentences for nearly 50,000 people who are currently incarcerated for drug [...]
As a law firm that focuses on criminal defense in North Carolina, we've received many questions about probation violations. Below is a question we got from a client about absconding probation. Q: Have I violated probation by not notifying my probation officer that I have moved? Factual Absconding Probation Scenario Ashley received a DWI conviction [...]
https://www.youtube.com/watch?v=NdpGg28wcOU When it comes to determining child custody in NC, there are many factors to consider and decisions to be made. The child custody process in North Carolina can often be a confusing one for parents, as statutory law does not define well all the many facets of custody. Legal Custody vs. [...]
Is It Illegal to Wear a Mask on Halloween? Leaves are changing, the air is getting cooler (at least some days), and Christmas trees are beginning to appear in department stores everywhere. These signs can only mean one thing: Halloween is on its way. That’s a good thing, especially for those who love [...]
What is Contributory Negligence? A majority of personal injury claims rest on the legal doctrine of "negligence." North Carolina imposes a duty on every person to use the level of ordinary care that a reasonable and prudent person would use under the same or similar circumstances. When a person fails to use ordinary care that [...]
Venue for Civil Lawsuits in North Carolina One of the first things that needs to be decided when initiating a civil action is where to file the lawsuit. Where the lawsuit is filed and litigated is referred to as the "venue." Venue must be proper to avoid having the case transferred to a different county [...]