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Insights from the Attorney’s Desk
Can I Get My Criminal Record Expunged in North Carolina?
A criminal record can make it harder to find a job, rent a house, get certain professional licenses, or move forward after a difficult chapter in life. The good news is that North Carolina law allows some people to have certain criminal records to be expunged, but eligibility depends on several determining factors.
Here’s what you need to know:
Does Calling 911 Help or Hurt Your Case in Criminal Situations?
Calling 911 in a criminal situation isn’t always straightforward. Discover when it helps, when it could complicate your case, and how to protect yourself legally.
How does the license point system work in NC?
Ten key tips and strategies to keep in mind when encountering US Immigration and Customs Enforcement (ICE) in North Carolina.
Know Your Rights: Tips for Interacting with U.S. Immigration and Customs Enforcement (ICE) in North Carolina
Ten key tips and strategies to keep in mind when encountering US Immigration and Customs Enforcement (ICE) in North Carolina.
Can You "Fix" My DWI
3 things to know if you get cited for a DWI in NC (1) How bad was the blow (2)
Did the cop see you drive (3) Were your Constitutional rights compromised?
Parental Alienation Syndrome: The “Targeted Parent”
Today's article is a guest post by Carolyn J. Woodruff, JD, CPA, CVA. In her post, Carolyn discusses parental alienation syndrome as it relates to a review of the popular book "Divorce Poison", written by Dr. Richard A. Warshak. Estrangement of...
Can you Get Me Out of This DWI
So you got nailed for driving while intoxicated. Well, shame on you. Now you know that you should have used a designated driver, taken a cab, called Uber or Lyft, or had someone pick you up. Too late for that now. It is what it is. So now the question you...
It Just Might Not Be The End of World: Motions for Appropriate Relief
[adrotate group="1"]MAR Generally After a Defendant is convicted in a criminal case, they then enter a sentencing phase where the judge will enter a sentence on the record. Oftentimes, defendants feel helpless and feel that they are stuck with an unfair sentence or...
Are people better off hiring a Traffic Ticket Lawyer or doing it themselves?
[adrotate group="1"]The following article was authored by Israel B. Garcia, Jr, a Houston TX attorney with 3 locations within the Houston and Bellaire area. More information about Israel can be found on his website http://garcialaw.com/. I was in court the other day...
Prescription Drugs & Drugged Driving: What You Need To Know
Find out what you need to know about drugged driving and why having prescription drugs in your system while driving could lead to an arrest.
The Police Made Me Do It! Entrapment As A Defense
There are several defenses a defendant can argue to explain or attempt to justify his or her criminal actions in an effort to resolve a matter in his or her favor. Some defenses are more useful and prevalent than others. One defense rarely used in NC, although...
Probation Violations
The following article was authored by Cynthia Everson, a Concord NC attorney (pictured above). More information about Cynthia can be found on her website http://eversonlawoffice.net/. Often, unrepresented probationers admit to probation...
Is resisting an officer a crime?
The following article was authored by Cynthia Everson, a Concord NC attorney. More information about Cynthia can be found on her website http://eversonlawoffice.net/. Resisting an officer is a crime in North Carolina that is frequently misunderstood, both by...
Is this search warrant legal?
The following article was authored by Shawndria McCoy, a Raleigh NC attorney. More information about Shawndria can be found on her LinkedIn profile. She can also be contacted at 919-307-5624. The information provided here is only offered as a...
Car Accidents: How Much Money Can I Get from the Other Guy’s Insurance Company?
[adrotate group="1"]A few times a week I get calls from folks who have had car accidents. They run the gamut from pretty low speed fender-benders all the way to really bad stuff (with really bad injuries). And though the clients are as different as the accidents...
To Blow, or Not to Blow?
In Alabama, if you refuse to blow, the officer will confiscate your license You will also spend 24 hours in a holding cell.
Pre-Trial Release Conditions in North Carolina
[adrotate group="1"]The following article was authored by Shawndria McCoy, a Raleigh NC attorney. More information about Shawndria can be found on her LinkedIn profile. She can also be contacted at 919-307-5624. Article 26 of the North Carolina General...
I Missed My Court Date…Now What?
If you missed your court date and failed to show up within 20 days after you were called and failed, a failure to appear (FTA) was entered in your case.
In North Carolina, A "Free Pass" Every Three Years
A client came to me the other day and asked me to deal with a speeding ticket she had received in Raleigh NC. She said she'd been to another attorney but wasn't really thrilled with his price (I hear this a lot). She showed me the ticket; 54 mph in a 45 mph zone. I...
Sobriety Test: The One Test You Never Want to Fail
The following article was authored by Elspeth G. Crawford. Elspeth is an attorney at Adkins Law, P.L.L.C. located in Huntersville, NC. Her practice focuses on handling traffic offenses, DWI defense, family law matters, and estate planning. For more...
How to Beat your DWLR (Driving While License Revoked) Charge
My client was in the local Krispy Kreme donut parlor. See, around here in Raleigh, NC we got ourselves some mighty-fine all-night doughnut joints. Finished with the bar scene and ya wanna sugar/caffeine fix? Well, friend, don't despair. Krispy Kreme is here for you....
Do I really need a traffic ticket lawyer? Or can I just pay the fine?
[adrotate group="1"] Lots of folks ask me if they "really need" to get a traffic ticket lawyer to handle their traffic citation or speeding citation (or whatever). The easy answer is "yes" of course, but then in some cases you end up paying for legal services that you...
Charged with a No Operator’s License (NOL) ticket? In NC, it’s just a minor infraction.
[adrotate group="1"]The following article was authored by Walter Rand, a Raleigh NC attorney. More information about Walter and his firm can be found on his website: http://walterrandlaw.com/ If you are charged with a no operator’s license ticket (NOL) under North...
What to do Following an Automobile Accident
The following article was authored by Elspeth Crawford, a Huntersville NC attorney with Adkins Law, PLLC. More information about Elspeth and her firm can be found on her website: http://www.huntersvillelawyer.com Unfortunately, automobile accidents are...
Interstate Driving and the Effects of A Driving Citation on An Out-of-State Driver
[adrotate group="1"]NOTE: *The information contained in this article is relevant to out-of-state drivers driving in North Carolina Background of the NC Driver’s License Compact “The Driver License Compact is an interstate compact used by states of the United States to...
Easy Ways to Avoid Being Pulled Over
The following article was authored by Scott R Ball, a Southern California attorney with offices in Santa Ana, CA. More information about Scott and his firm can be found on his website: www.octicketdefense.com The US Constitution protects a...
Six Things You Didn’t Know About Traffic Tickets
[adrotate group="1"] The only things certain in life may be death and taxes, but it is highly probable that at some point or another, you will be issued a traffic ticket. Panic will ensue as you catch a glimpse of those flashing blue lights...
Ten ways to reduce your chances of a DWI in North Carolina
Here are ten things you can do to reduce your chances of getting a DWI in North Carolina.
What You Need to Know About Getting a Divorce in North Carolina
NC is a no-fault divorce state. You must be separated for a minimum of one year and a day. Child custody/child support claims are separate…
Speeding Infractions and The Smart, Cost-Efficient Way to Resolve A Citation
By paying a speeding ticket, you face driver’s license and insurance points, and—depending on your prior driving record—license revocation.
What Should I Do if I Get Injured in a Trucking Accident?
In a trucking accident case, dealing with powerful insurance companies with corporate legal teams is not something you should handle alone
Can I win my speeding ticket case if I ask for a bench trial?
[adrotate group="1"] Lots of folks want to know: " Can I win my speeding ticket case if I ask for a bench trial (no jury, just a trial to the judge) and testify before the judge that the cop was wrong and I simply wasn't speeding?" I mean, I was...
I just paid my ticket before my court date. Can I have the case reopened to get a better deal?
A good argument to re-open a case in NC where the ticket was paid without assistance of a lawyer would be, in effect, that the ticket was paid “IN ERROR”.
Will My Insurance Go Up If I Get a Speeding Ticket Out of State?
[adrotate group="1"]The Short Answer: Yes, if you get a ticket anywhere except Michigan and Wisconsin. A conviction for an out of state speeding ticket MAY have consequences in your home state under one of three interstate "compacts" or agreements. They are the DLC...
What’s the best way to talk yourself out of a speeding ticket?
My own suggestion is to be absolutely and totally honest and humble with him. Attitude won’t get you very far at all and will probably work against you.
10 Things That Could Result From Having A DUI
One of the 10 things on this list is insurance: it’s gonna cost you a crapload more than the DUI fine or lawyer fee ever will. Another is travel: did you know that some countries won’t let you in if you have been convicted of a DUI?
The Hidden (expensive) Cost of Just Paying Your Speeding Ticket
[adrotate group="1"] A TIP FOR FOLKS WHO GET SPEEDING TICKETS: IN NC, IT'S NEVER BETTER TO SIMPLY PAY THE TICKET; IT'S ALWAYS BETTER TO HAVE A LAWYER In my twenty years of practice here in Raleigh, one of the most frequent questions I get asked is this: Why...
Help! I need to go to court, but can’t afford a lawyer
If you need representation and can’t afford a private attorney at going rates, here are 5 tips that can help you find the representation you need.
What is a PJC?
[adrotate group="1"] Key Points in this Article A PJC is defined as a "Prayer for Judgement Continued" It's "sort of" like a pardon from the judge If the judge gives you a PJC on a traffic case there will be no insurance or license points for that offense A...
What will happen if I just pay my speeding ticket?
[adrotate group="1"] One of the most frequent questions I get in my practice here in North Carolina is what will happen if I just pay my speeding ticket? Folks are concerned that their insurance will go up or that they might get tagged with...
How To Deal With a Speeding Ticket in South Carolina
In SC, agreeing to pay a fine upon being pulled over IS admitting guilt, and it will be very difficult to weasel your way out of this admission later on.
Marijuana Charges in NC – NCGS Statute 90-96 (Conditional Discharge)
[adrotate group="1"]Here is the NC 90-96 Conditional Discharge Statute which allows certain drug offenses including marijuana charges in NC to be treated with leniency for the first offense. I have added some comments in red where there are items of special...
Marijuana Charges in NC – NCGS Statute 90-95
[adrotate group="1"] Below are excerpts of the NC General Statutes sections which pertain to Marijuana Charges in NC: NCGS 90-95 is the statute where the class of offense is stated based on what drug schedule is concerned. Marijuana is on Schedule VI. I have added...
Marijuana Charges in NC – NCGS 90-94
NCGS 90-94 is "Schedule VI" Below are excerpts of the NC General Statutes sections which pertain to Marijuana Charges in NC. NCGS 90-94 is "Schedule VI". It's where NC's legal definition of marijuana is found. I have added some interpretive text (in italics and red...
Misdemeanor Weed Charge
[adrotate group="1"] Not that big of a deal I had just finished posting a blog piece on weed charges generally when it occurred to me that I may have omitted a part that really deserves some emphasis. It's this: In the scheme of things, a misdemeanor weed charge...
Marijuana DUI Charge
[adrotate group="1"] Not your typical DUI charge... A guy came to my office the other day totally sweating a DUI charge. Not your typical DUI charge mind you, but a Marijuana DUI charge. FYI, he didn't sweat for long. I told him some good news. Maybe it can help you...
Weed Charge
[adrotate group="1"] How bad is it? Hey man. I heard you got busted for a weed charge. Yeah, that's right. Word gets around, huh? So what are you doing? Yeah, I know that too. Up early scouring the web looking for some answers I bet. Googling everything you can come...
Marijuana Death Penalty
[adrotate group="1"] A Texas guy who goes by "Goldsmith" Don't believe everything you read on the web. It may seem like an easy thing to do but check this out. There's a story that was making the rounds about a Texas guy named Goldsmith who was sentenced to death for...
Marijuana Penalties by State
[adrotate group="1"] They vary from state to state I just finished a short post about Marijuana possession charges and emphasized that while there are a lot of similarities, the laws about marijuana possession charges vary from state to state. I spoke in that piece...
Marijuana Possession Charge
Not all marijuana charges are created equal Sorry if you got busted for a marijuana possession charge. But don't freak. Couple things you might want to consider: Not all marijuana possession charges are created equal. So before you go shitting bricks, give this some...
Terence "Ernesto" McEnally, Attorney at Law
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Speeding Tickets & Accidents
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