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..."