Thursday, July 21, 2016

Child Pornography Attorney Says Suspect Jailed Till He Provides Password

Passwords and encryption methods may be enough to keep other people out of your computers and mobile devices and far away from your personal files, but once you’ve been accused of a serious crime like possession of child pornography, these safeguards are increasingly causing issues with the government’s desire to access potentially relevant evidence.

As a sex crimes lawyer, I can tell you that the continuous technological advances that allow better security, especially in keeping personal files and documents encrypted on desktop computers and smart phones, arguably make it harder for prosecutors to prove claims against an individual accused of a crime.

Wednesday, July 20, 2016

Raleigh Divorce Attorney Talks about Johnny Depp facing Domestic Violence Allegations

There’s no doubt that divorces can get messy, but it can get even messier when allegations of domestic violence surface. This is exactly what’s happening in the well-publicized divorce of Hollywood star Johnny Depp and actress Amber Heard, with the latter claiming “years of physical and psychological abuse” while living with her estranged husband.

At this point, it is yet to be proven whether Depp is guilty of the allegations or not. It is not uncommon for such allegations to surface despite any evidence of actual proof. Amid all the speculations and stories, friends, family, and celebrities continue to support each star.

Tuesday, July 19, 2016

Raleigh DWI Lawyer says Research Shows that Cannabis Consumption Not Enough to Prove Impairment

With many states becoming more lenient and legalizing medical use and even recreational use of cannabis, state lawmakers have been proposing changes to decriminalize its use. One major concern that both proponents and opponents share is the effect of cannabis on driver performance and traffic safety.

Medical experts recognize the cognitive and psychomotor effects of marijuana use, and that such use may present some risk in impairing a driver or deteriorating their driving performance. As a DWI lawyer, I would say the problem that both the scientific community and law enforcement agencies face is accurately measuring marijuana’s impact on a motorist’s driving ability.

Monday, July 18, 2016

Criminal Defense Attorney says Feds Finally Consider Rescheduling Marijuana

Numerous drugs, particularly Schedule I drugs like heroin and LSD, may increase the likelihood that a person will perform dangerous acts, or perhaps even commit a crime. Marijuana is also classified as a Controlled Substance under Schedule I, in the same category as dangerous drugs like heroin and LSD. However,unlike other Schedule I drugs, medical experts find opine that marijuana’s positive medical benefits could lead to marijuana becoming a widely-accepted medicine for a variety of ailments. Unfortunately, medical experts are currently unable to conduct further research because of the substance’s classification.

Wednesday, June 29, 2016

Possible Defenses for Sexual Offenses

As much as the victim has the right to file a complaint regarding a sex crime, there is also an opportunity for the accused to defend themselves. This right to defense is especially important against false accusations, precisely because the impact on their life as a convicted sex offender could be very severe.

Wednesday, June 22, 2016

Steps for Filing Divorce in North Carolina

Are you ready to file for divorce so you can move on and start a new life? To get started, here are a few of the steps you should know when filing for divorce in North Carolina so you can have an idea of what kind of services to expect from your divorce attorney.

Wednesday, June 15, 2016

DWI for First-Time Offenders in North Carolina

If you are caught driving drunk, you may be charged with DWI (Driving While Impaired andthe repercussions can be quite severe. It is therefore advised that you seek the help of a competent DWI lawyer as soon as possible after you are charged.

Wednesday, June 8, 2016

Defense Attorney welcomes some return to normalcy for those convicted of sex crimes

Last March 2015, Graham County Sheriff Danny Millsaps announced that he was banning sex offenders from church. More recently in November 2015, The N.C. Supreme Court upheld a state law that prohibits registered sex offenders from using Facebook or other social networking sites where minors can have an account. These are just the latest developments in a long list of North Carolina events related to sex offenses that border on the absurd and possibly unconstitutional. North Carolina’s list of sex offenders include people who were minors when they committed their offenses, and even people who are still minors. It also includes people who have committed crimes decades ago and have never repeated their crime since. It even includes people convicted of misdemeanors such as public urination, streaking and sexting.

What Constitutes the Offense of Assault

In North Carolina, there are three different kinds of assault, each with its own kind of punishment. For anyone facing an accusation of assault, it’s important that you first know under which part of the statute you will likely be charged.

Tuesday, June 7, 2016

Questions for a Family Attorney: Can a Spouse Sue the Other for Theft?

For couples that are separated, it’s not uncommon to think that one spouse may want to steal a valuable piece of property that is considered joint property. Now the question is, if one spouse takes something without permission, can the victimized spouse sue the other for theft? The general answer is no, but North Carolina doesn’t really have any specific cases that can give a definite answer to this question. However, there are certain situations where this general rule might not apply. Questions such as the one above often arise when a couple has separated, so here are some tips to keep in mind to protect your assets.

Monday, June 6, 2016

DWI Lawyer Says: “Peeling Out” Isn’t Necessarily Reasonable Suspicion

When a police officer suspects that a driver is intoxicated, he may only stop the suspect under very specific circumstances within the confines of the US Constitution. If an arresting officer conducts an unlawful stop, an unlawful arrest, or an unlawful search or seizure, any evidence against the suspect collected during the arrest may be suppressed at trial. This can and often does lead to the charges getting dropped. In the recent appellate case of State v. Johnson, the defendant, James L Johnson moved to suppress the evidence against him when he was arrested and charged with driving while intoxicated (DWI). That night, the defendant pulled up next to an officer in a left-turn lane, with his music blaring. When the traffic light signaled ‘go,’ the defendant accelerated abrubtly, screeching his tires and fishtailing his truck as he turned into the left lane in front of him.

Sunday, June 5, 2016

Raleigh Criminal Lawyer Questions the Legitimacy of Warrantless Search

Under the 4th amendment protections of the US Constitution, police cannot enter a home without a warrant except in exigent circumstances. Very recently, North Carolina police allegedly stormed a Durham home on suspicion of marijuana, entering the premises without a search warrant and terrorizing the people inside. Some of the incident was caught on video. The video, which was recorded by Vera McGriff, shows North Carolina police forcing their way into her home without a warrant on April 8, saying that they reported catching a whiff of a strong odor that smelled like marijuana. When the police demanded to search the house, McGriff had this to say about the incident, ""I told the officer, 'No you cannot come in my house without a search warrant.' The officer put his foot at the bottom of the door and four of them bum rushed me..."

Thursday, May 26, 2016

Rape and Sex Crimes: Why You Need a Lawyer

An accusation of committing a sex crime is a grave and serious one that not only affects the life and reputation of the alleged victim, but also that of the accused. There are many kinds of sex crimes, but the most common of all is rape. This type of crime is deemed to be such a major one that conviction could result in at least 144 months in prison.

Sunday, May 22, 2016

Raleigh Sex Crimes Attorney Talks about Sexting, child pornography and the criminalization of our children

Hearing the term 'sex offender' is enough to conjure images of monsters who prey on the weak, all for the satisfaction of their abnormal sexual desires. Knowing that a person is a sex offender is enough to send chills down anyone's spine. And yet, here comes Cormega Copening, a 17-year-old North Carolinian who was charged in September 2015 of sexual exploitation of a minor. Who's that minor, you may ask? It's no other than Cormega Copening himself. The state of North Carolina charged Copening for sharing nude pictures of himself with his girlfriend. Copening was eligible to receive prison time but eventually plead guilty to avoid prison and receive a probationary sentence.

Friday, May 20, 2016

DWI Lawyer Shares insights about Driving Under the Influence of Marijuana

According to Mothers Against Drunk Driving, 28 people die every day because of someone impaired behind the wheel. Though there have been plenty of studies confirming the risks of drunk driving, studies have not found similar results for driving while under the influence of marijuana. It is not clear if it even increases the number of accidents on the road at all. A 2014 New York Times article reported that there is less to fear from drivers under the influence of marijuana compared to those who drive drunk. The article provides information on a number of studies on the matter, and concludes that government resources are better spent trying to curb alcohol-impaired driving instead. That said, don’t take this information as your permission to get high and drive in North Carolina, because driving under the influence of marijuana definitely remains a crime in our state, and comes with some potentially serious consequences.

Wednesday, May 18, 2016

Criminal Lawyer says Florida detectives made fools of suspects in “Operation April Fools”

Every now and then, sensational news coverage crops up about young children who get sexually assaulted or molested by predatory adults. Sexual assault of a minor is a very serious crime, so it’s no wonder that members of a community become quite concerned when they learn about who in their midst might be participating in such disturbing behavior. In April, Florida police conducted a child sex sting operation dubbed “Operation April’s Fools” that led to the arrest of seventeen people, which included a Walt Disney world security guard, a SeaWorld Discovery Cove janitor, a Florida Hospital technician, an Alaska Airlines customer service manager and a football coach.

Family Attorney Warns Unfaithful Spouses Beware- Your Tinder Activity can be Tracked

If you’ve never heard of a hook-up app called Tinder, it’s a social site that has become sort of a one-stop-shop for people who are looking to date, hook up, or simply see who else out there might be interested. The problem is, even married people are flocking to the site and entering into activities that are unbeknownst to their spouses. Be careful, there’s now an app for that If you suspect your partner is on Tinder (a frightening thought in and of itself), there’s now a way to confirm it. For just $4.99, you can purchase Swipe Buster to check if your significant other is on the site. Once purchased, you only need to input his or her name, age and geographic location, and with that, Swipe Buster will then search Tinder’s database for people who fit the criteria. Swipe Buster’s search results also yield information on when the person last used Tinder, what their gender preference is and if they display photos.

Tuesday, May 17, 2016

Going through Divorce with Children

Going through a divorce is a trying time for two people. Having to go through it with children is much more difficult.  While on the surface the dispute may seem to be between you and your spouse ultimately, there still is the consideration of the children’s emotional well-being.

Thursday, May 12, 2016

Possible Penalties for DWI in North Carolina

State laws in North Carolina contain provisions detailing the legal process and possible consequences of drunk driving, also known as “Driving While Impaired” (DWI) or in many states  as “Driving Under the Influence” (DUI).

Tuesday, May 3, 2016

Types of Assault Charged in the State of North Carolina

There are three general categories of assault recognized by the state laws governing North Carolina: Assault and battery that result in physical injury, assault that has the intent to harm someone else and affray (fighting in a public place). This is when there is a fight between two or more people in a public place that is likely to scare people in the immediate area.

Tuesday, April 26, 2016

Three Important Responsibilities of a Family Attorney

The major responsibility of any family attorney is to uphold the law, a body of statutes that govern the legal duties of two or more individuals sharing a domestic connection.

Tuesday, April 19, 2016

How to Choose the best Criminal Lawyer for you

Being charged with a crime can be troublesome and downright exasperating. However, a highly skilled and experienced criminal lawyer might be able to help you get your charges dismissed entirely, or in the alternative, help reduce your potential punishment.

Thursday, April 14, 2016

What Happens If You Are Suspected of DWI?

A sure-fire way to get arrested on suspicion of DWI is for you to be caught driving with a blood alcohol concentration (BAC) equal to or more than 0.08. Before you are taken in for this crime, you’re likely to undergo a series of procedures or “sobriety tests” administered to you by the arresting officer.

Wednesday, March 30, 2016

A Family Attorney Explores the Legal Aspects of Gestational Surrogacy

It’s the wish of every married couple to start a family and raise their own children. For same-sex couples and those having trouble with infertility, numerous advances in Assisted Reproductive Technology (ART) are now allowing them to explore options to have children, and gestational surrogacy is among them. Such advances are not without its flaws, however. Definitive laws are yet to be determined in the advent of ART advances, and matters can easily become messy should things do not go as planned. This is why it’s always best to seek legal assistance from a family attorney before exploring gestational surrogacy as an option. Defining Surrogacy The simplest definition of surrogacy describes it as an act wherein a woman carries the child of a couple who cannot conceive a child themselves. In gestational surrogacy, a donor or the intended mother provides the egg then fertilized through in vitro fertilization (IVF).

Tuesday, March 29, 2016

Multiple, Pending DWI Charges Are Not That Uncommon in NC According to this Raleigh DWI Lawyer

Recently, a 61 year-old woman was arrested on Interstate 40 in Buncombe County and was charged with DWI. Curiously, she was not facing this single charge, but has five additional DWI charges pending, four in McDowell County and one in Burke County. The oldest one dates back to 2014. She was even charged with DWI on two consecutive days. Pending Charges Carry Different Punishments Multiple DWI convictions in North Carolina can result in a combination of jail time and other penalties. Such punishments are applicable to those who have already been convicted of DWI, people with children in the car while driving impaired, people who were revoked for impaired driving offenses when they were stopped and those who caused serious personal injury as a result of their impaired driving.

Drug Abuse among Medical Professionals on the Rise, Notes Raleigh Criminal Lawyer

When someone mentions drug abusers, medical professionals are some of the last people you might think of. But you might be surprised that many doctors are addicted to prescription drugs. As a criminal lawyer I can tell you that it’s more widespread than you would think and many have been apprehended for their actions. In Nags Head, North Carolina, Barrett and Patrice Welch, owners of a local animal hospital, turned themselves after two search warrants were executed at their hospital and home. Investigators found more than 200 un-prescribed pills in the animal hospital and 100 in the couple’s home. Not a New Problem While substance abuse among medical professionals may sound unusual, this is actually a growing problem. According to Lisa Merlo, PhD of the University of Florida’s Center for Addiction Research and Medication, physicians are more likely to misuse prescription drugs.

Monday, March 21, 2016

Raleigh Family Attorney talks about Child Custody when one or more parents are arrested

Parents are supposed to do what’s best for their children, yet there are still instances of neglectful parents around North Carolina. Recently, three children from Wake County were placed in the custody of the Child Protective Services after being found in a home that also served as a methamphetamine lab. Both parents, Michael Curtis Jones and Jessica Nunez-Jones, along with three other people, were charged with manufacturing and possessing methamphetamine, along with maintaining a dwelling for the distribution of a controlled substance and possession of drug paraphernalia. Aside from these charges, both parents were charged with child abuse. A Dangerous Environment for the Neighborhood According to Bridget Roberts, a mother of two who recently moved in across the street, noted that the children seemed like normal kids, but grew concerned about their being unsupervised. “They didn’t come out much,” she said.

Raleigh Criminal Attorney speaks out against restricting sex offenders at public events like the NC State Fair

At last October’s North Carolina State Fair two registered sex offenders were apprehended, one for impersonating a state ride inspector and the other for flying a drone around the fair. The presence of registered sex offenders in the N.C. State Fair worried some officials at the state’s Agricultural Department. Joy Hicks, a policy analyst from the Agricultural Department, called on North Carolina lawmakers to pass legislation that bans registered sex offenders from the fair altogether. What the Law States Currently, the state law bans the presence of registered sex offenders from any place “where minors gather for regularly scheduled educational, recreational, or social programs.” This obviously does not specify whether or not the State Fair is included in such places.

Repeat DUI Offenders can Have it Worse, Says a Raleigh DUI Attorney

Nine years ago, 18-year-old Christopher John Palmeri was found to have been under the influence of alcohol when he crashed and killed a Wakefield High School student. He then pled guilty for manslaughter and was sentenced to five months in jail, five years on probation, and 300 hours in community service. After the sentence was handed down Palmeri swore to turn his life around. Unfortunately, that was not the last of Palmeri’s misdeeds. Two years later, he was arrested after being accused of stealing three cases of Bud Light from a store. In 2013, Palmeri was also charged with violating his parole after testing positive for opiates and marijuana. Recently, Palmeri crashed his car and was arrested again for Palmeri driving while impaired (DWI), possession of marijuana and possession of drug paraphernalia.

Violating Your Probation is No Laughing Matter, Says Raleigh Lawyers

Earlier this year, the so-called “affluenza teen” Ethan Couch faced deportation charges after being caught with his mother in Mexico in December. The 18-year-old Couch was serving a term of probation after being involved in a drunk-driving incident that killed four people in 2013. Couch’s drunk-driving case drew national attention after an expert argued that the teenager had been lulled into a sense of irresponsibility by his wealthy parents. A decision from a juvenile court judge gave Couch a 10-year probation period, and Couch recently fled with his mother to Mexico after a viral video surfaced with potentially incriminating content. Authorities said that the teenager even tried to disguise himself to avoid being apprehended. After dropping the fight against his extradition, Couch returned to Texas and is now in the Tarrant County Jail’s maximum-security unit.

Monday, February 29, 2016

Duties and Responsibilities of a Family Attorney

When folks hear the term “family attorney”, most people think divorce or divorce-related issues, such as child custody, child support or alimony. Although most family attorneys do handle divorce and separation cases, people often forget that they can also be consulted for a wide variety of other family-related issues as well.

Wednesday, February 24, 2016

Seeking Justice with the Help of a Criminal Lawyer

Being accused of a crime is serious business. Depending on the severity of the charges, you can expect a range of outcomes if convicted. Sometimes you walk away with a “slap on the wrist” and a small fine (which may still result in a criminal record). Other times you might receive a suspended sentence and community service. In the worst case scenario, you could serve some time behind bars and that’s no fun.

A Raleigh Attorney Discusses the New Federal Legislation on Drones

The increasingly popular use of drones has undoubtedly given people more opportunities and options for recreation. Drones, or unmanned aerial vehicles (UAVs), are also used for security and surveillance work. The growing popularity of UAVs, however, has also given rise to different security and airspace issues. In an effort to address these issues, the Federal Aviation Administration (FAA) has recently required drone owners to have their devices registered or suffer civil and even criminal penalties.

Raleigh Family Attorney Talks About Frozen Embryos in Divorce

Recently, the world watched as the legal dispute between “Modern Family” star Sofia Vergara and ex-fiancĂ© Nick Loeb unfolded, particularly because both parties were battling over the frozen embryos they created. The high-profile case brings attention to the debate on what the law states regarding assisted reproductive technologies (ART) and marriages that don’t go as planned. Lee vs. Findley: Documents over Emotions While Vergara and Loeb’s dispute shed light on the debate, it is certainly not the first case of couples disputing over the right of their frozen embryos. One California case often reviewed by the legal community is the dispute between breast cancer survivor Mimi Lee and her ex-husband Stephen Findley. In her defense, Lee’s family attorney stated that the court should let her have custody over their frozen embryos, arguing that her medical condition greatly reduced her prospects of conceiving in the future.

Tuesday, February 23, 2016

A Raleigh DWI Lawyer Explains the Concept of “Low Blow” in DWI Cases

Everyone is subject to DWI arrest if the police finds probable cause that you have been driving while under the influence of alcohol. Even members of law enforcement aren’t exempt from DWI charges. Such was the case of a Sheriff’s Deputy from Lincoln County, who resigned from his post after being charged with DWI. Exactly at the Legal Blood Alcohol Limit The deputy, identified as Gerald David Dellinger, was recently charged with DWI after abandoning his vehicle, which rolled down an embankment along Highway 27 West and hit a tree. After the North Carolina Highway Patrol found the abandoned vehicle through a report from a passer-by, Dellinger was taken to the Lincoln County magistrate’s office and took a breathalyzer test, where he registered a 0.08 alcohol level, the minimum legal blood alcohol limit.

Monday, February 22, 2016

Criminal Lawyer: Double Jeopardy Clause in Sexual Offense Charges

Robert Edward Whiteside, a 46-year old man was arrested for suspicion that he was holding a woman from Germany in involuntary servitude in a secret room at a Zebulon warehouse. Originally, Whiteside was charged with one count of sexual servitude of an adult victim. Recently, however, federal authorities have taken over the case and filed new charges against him. Whiteside now faces a federal second-degree sex offense and two counts of assault by strangulation on top of the original state charges. Some people might think this is an example of “double jeopardy,” or being charged with the same offense twice but any experienced federal criminal lawyer will tell you that this is not the case here since the charges were filed separately at the state and federal levels for the same set of crimes.

Thursday, February 18, 2016

First-time Offenders: When You Need a DWI Lawyer

Some people believe that it is not necessary to hire an attorney if you are a first-time offender accused of Driving While Impaired (DWI). While there may be a few types of cases for which you may not need a lawyer, it is always best to work with DWI lawyer, even if it is your first offense.

Monday, February 15, 2016

Situations When You Need a Personal Injury Lawyer

Personal injury lawyers can helpful when the accident has caused severe injuries or the case is complex. Every case will have its unique circumstances that will decide if the victim needs to hire a personal injury lawyer or not, especially if the case relates to any of the following situation.

Monday, February 8, 2016

The Types of Cases that a Family Attorney Handles

One of the most important factors to consider when you retain an attorney is the level of experience they have. Making sure that you retain a lawyer that knows what they are doing is extremely important.

The Importance of Honesty in Criminal Cases

There are few things worse in life than being arrested for a crime. However, after you have been taken into custody and gone through the booking process, your next step should be to hire a defense attorney. Once you have an attorney, it is your responsibility to be as open and honest with that person as possible.

Thursday, February 4, 2016

Questions to Ask Before Hiring a DWI Lawyer

If you've been charged with a DWI, then you should hire a DWI lawyer to represent you. The penalties of being convicted for DWI can be severe, resulting in lost wages, fines and fees, a suspended license, a requirement to attend DWI school or even jail time in some cases. 

Strategies a DUI Lawyer Might Use in Your Case

DUI lawyers are familiar with all the laws pertaining to DUIs, and you might not know everything that there is to know about DUI law, especially if this is your first DUI charge and you've never had to deal with the court system before.
Depending upon the circumstances surrounding your case, there are various strategies that a DUI lawyer might take when defending you in court.

Thursday, January 14, 2016

Raleigh Lawyers Have “Good News” for Those with Limited Driving Privileges

In North Carolina, drivers licenses can be suspended or revoked due to alcohol-related offenses or certain convictions, or if they accumulated points in their records due to moving violations and other infractions. Depending on the severity of the offenses, a driver’s license is suspended or revoked for varying periods of time, and drivers are required to pay a restoration fee to have their license reinstated. However many individuals are permitted to drive despite having their licenses revoked or suspended if they are driving to work, to attend college or if they are bringing someone for emergency medical care. Recently, a new North Carolina law took in effect, extending these limited driving privileges which should be considered “good news” for those who wish to express their religious faith.

Wednesday, January 13, 2016

Raleigh Family Attorney Explores the Need for Mediation in a Divorce Settlement

When a married couple decides to part ways, going to the court is perhaps among the steps they will make, especially when it comes to deciding matters regarding property division, child custody and support, alimony, and other divorce-related issues. At times, however, divorcing couples don’t need to involve the court when they can resolve these issues between themselves with help from a neutral third party; known as mediation. Court involvement isn’t the only way to reach an amicable separation, as North Carolina law requires divorcing couples to attempt mediation in resolving any differences both parties may have. Mediation actually has numerous benefits, especially if both you and your spouse are initially willing to cooperate with the court-appointed mediator.

Tuesday, January 12, 2016

Raleigh DWI Lawyer Supports the “Talk it Out” Campaign Sponsored by the ABC Commission

It has been a few months since a 20-year-old former UNC student, Chandler Kania, faced charges of 2nd degree murder after a head-on collision on I-85, but the fight against underage drinking goes on. A statewide campaign, led by the state Alcoholic Beverage Control Commission which is supported by this DWI lawyer, continues to discourage alcohol consumption of people under the legal drinking age of 21. The July 19 incident was just one that gravely illustrates the severe repercussions of drunk driving. Stiff Penalties To show that the commission is serious on its call against drunk driving and underage drinking, the ABC staff proposed a stiffer penalty for the West Rosemary Street restaurant, La Residence, the bar that allegedly served alcohol to the underage customers involved in the July 19 incident. According to investigators, Kania and four other underage customers used fake IDs to enter the restaurant’s bars.

Monday, January 11, 2016

Raleigh Criminal Lawyer discusses the legal implications of threats by a local high school student

Last October, Kenneth Tyler Halker, a 17-year old student in Panther Creek High School in North Carolina was arrested for threatening fellow students. According to a report from WRAL, police brought in Halker after stating he would bring a gun to school. Later, reports claimed that Halker also took to social media indicating that he had a hit list and planned to return to school with a gun “fill bodies with bullets.” He also allegedly sent a text message to a classmate that said “you’re number five on my list”. During their investigation, police also found a Snapchat photo depicting two AR-15 assault rifles surrounded by piles of ammunition. A ballistic vest with multiple knives attached could also be seen on the image.