Misunderstood Criminal Law Terms

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In the court of public opinion, there are only two kinds of crime, namely violent crime and non-violent crime, and violent crime is always bad. Even as public support increases for pretrial diversion programs and other ways of reducing mass incarceration, a lot of people will qualify their statements with “only for nonviolent offenses.” Therefore, if you are being accused of assault, domestic violence, or any other crime related to physical violence, you might feel like you have no one on your side. In fact, all defendants in criminal cases, no matter the seriousness of the crime of which they are accused, have legal rights, including the right to representation by a lawyer. If you are facing charges for a violent crime, contact a Charlotte criminal defense attorney.

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The Benefit Of A Prenuptial Agreement

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Before getting married, soon-to-be spouses in Charlotte might want to consider the benefits of getting a prenuptial agreement. Despite its negative reputation, a prenup can actually open the lines of communication for a couple. For a prenup to be valid, both people must get legal counsel, and neither may conceal any financial assets.

 

A prenup can be particularly important for someone who owns a business, has a blended family or is getting married for the second time. The documents can protect the business from the other partner if the couple gets divorced. It can also protect any other assets either person is bringing into the marriage. Furthermore, the prenup may specify that neither spouse is responsible for the debts of the other spouse if the two get a divorce.

 

Some couples may be concerned about alimony if one makes more money than the other. However, the prenup can address this as well. This might be particularly important if one spouse has been the stay-at-home parent. Since it can be difficult to reenter the workforce after years away, the parent may want assurance that spousal support will be available.

 

A prenuptial agreement is not airtight. One partner may challenge the documents if they were rushed into or seem unfair. That’s why it’s important to work with a lawyer before signing a prenuptial agreement. Legal counsel could make sure that the terms of the prenup will stand up in court. Ultimately, a thoroughly negotiated prenup could be advantageous to both parties in a divorce.

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Cancer Society Worker Charged

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Cancer Society worker charged with embezzlement.

We are often surprised by the individuals that are charged with crimes. For example, one woman pled guilty to embezzlement charges in a North Carolina County. While employed by the American Cancer Society, she allegedly embezzled $70,000 from the organization.

The woman supposedly opened a checking account using the name of the American Cancer Society Relay for Life. She was then said to have used money from the account for various personal services. The woman charged with this crime has since repaid the money supposedly taken.

The court sentenced this individual to 25 days in jail and three years of probation. Authorities reportedly dropped seven other embezzlement counts in return for her guilty plea.

We do not know the exact circumstances of what occurred here. Though a guilty plea was elicited, it is always possible that the person charged only pled guilty to avoid facing a far lengthier sentence if convicted of other charges. People charged with felonies and other criminal activity may often feel that they have little other choice than to plead guilty.

Also, even when an individual is found guilty of particular charges, certain actions can still be taken that may result in a reduced sentence. For example, it’s possible that the woman’s paying back the money she purportedly embezzled led to her facing a lighter sentence.

It’s always best that anyone charged with a serious crime first speak to an experienced criminal defense attorney before making any deals with prosecutors or making a plea in court. Our attorneys can provide individuals with their legal options and advise them concerning the best possible course of action.

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DWI’s Affect Child Custody Cases?

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Getting charged with driving while impaired (“DWI/DUI”) in North Carolina is a serious enough matter on its own—you face potential temporary license revocation and suspension, and if convicted, an even longer suspension and probation or even jail time. As explained here, DWI sentencing requires the determination of aggravating and mitigating factors which will ultimately determine what sentencing “level” you are. This in turn will dictate what type of sentence you can receive. DWI charges and family law can intersect in a number of different ways. One extreme example is if you have a child under the age of 18 in the vehicle with you at the time of the alleged offense. Not only does having a minor in the car with you count as its own aggravating factor for the criminal side of things, thereby potentially exposing you to a more severe sentence—but doing so can also have disastrous effects on your child custody case.

Like many states, North Carolina uses the “best interests of the child” standard in determining how to award custody, be it temporary at the beginning of a separation or divorce, or more permanent.

In analyzing this, the courts can look to factors such as the parents’ respective home lives and surrounding environments and any alcohol or drug abuse by a parent. It’s important to remember that because family law uses a much lower burden of proof than in criminal court, this means if you are just charged with a DWI, a family court judge can consider this as evidence against you in making a custody determination. Courts will generally consider driving arrests related to drug or alcohol use as indicative of reckless behavior and poor judgment.

The family law court will also weigh the full situation surrounding the DWI arrest or conviction—how long ago it was, how high your blood alcohol level was, if you have other indicators of drug or alcohol abuse, and if there were minors in the vehicle at the time—whether those minors are the child(ren) involved in your custody case or not. It is incredibly important to have the immediate assistance of an experienced family law attorney as well as a skilled criminal law attorney to tackle these issues alongside each other and protect your rights.

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Can Online Dating Lower Divorce Rates

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Online dating may result in lower divorce rates

Many residents of North Carolina have used or continue to use online dating apps in order to find their partners. While these apps have a reputation for adding to the hook-up culture, a study shows that they may actually positively affect marriages.

According to researchers at the University of Essex and the University of Vienna, married couples who met through online dating apps are less likely to end their relationships than are people who met through traditional means. In a study of 19,131 couples who met online and married, only 7 percent got divorced as compared to the U.S. divorce rate of 40 to 50 percent.

The researchers found that online dating opens people up to a much more diverse dating pool and may increase the number of interracial marriages. This may lead to a decrease in racism and a move toward increased multiculturalism. Nielsen reports that 30 million Americans visit online dating sites at least once each month. The researchers believe that part of the reason that online dating may lead to lower divorce rates is the algorithms that are used by online dating sites. They also believe part can be attributed to the fact that people who visit these sites may be ready to get married.

Online dating has greatly expanded the possibility of meeting potential partners. When people want to get married, they might want to take steps to protect themselves, however. Prenuptial agreements may help to protect their financial interests in the event that their marriages end in divorce, and they might also help to define the responsibilities of each partner in the marriages. Experienced family law attorneys may help clients with these types of matters.

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Tips For Preparing For Divorce

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People in Charlotte who are considering divorce may want to first spend some time thinking about whether they are making the right choice. Doing research into state law around divorce may help with making the decision. People should also think about their personal and financial goals and how the divorce will affect them.

It is important to get organized. This means collecting documents on assets such as retirement accounts and investments as well as mortgage paperwork, bank statements and tax returns. People should also make a budget for life after the divorce to help with some of the decision-making involving property division. For example, people may want to consider whether they can afford to keep the marital home. Individuals should get copies of their credit reports and close any joint accounts. They should also think about what professionals they may need to hire, such as an attorney and a financial adviser.

If there are children, their needs should be put first. Any decisions about custody should be made with the best interests of the children in mind. Parents may decide that a 50/50 custody arrangement suits them best, or there may be a different arrangement that works better for them. Former spouses should not neglect to make time for and take care of themselves throughout this process.

This preparation may help a person get ready for a divorce, but he or she will also need to talk to their spouse and an attorney. They may be able to negotiate an agreement for child custody and property division, or they might have to go to court. People may want to share their post-divorce goals with their attorney to help them stay focused on what they want to fight for and what they are willing to let go of during negotiations over property division.

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Felonies & Firearm Rights

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Many people who are denied for a gun permit (such as a concealed carry (“CCW”) permit or a pistol purchase permit) face that situation because they were stripped of their right to possess a firearm when they were convicted of a felony. Others are simply aware that they have an old conviction and wonder if they will ever again be able to legally possess a firearm (or otherwise face being charged with possessing a firearm as a convicted felon). There is indeed a process through which you can petition the court to restore your firearm rights, but it is a narrow field of people who actually qualify.

The restoration of firearm rights is governed by North Carolina General Statute § 14-415.4. This law lays out the requirements of who can, and who can’t, petition to restore their rights. For example:

• You can only have been convicted of one “set” of felony convictions. This means if you were convicted of multiple qualifying felonies that arose from the same event and were sentenced together in the same session of court, you would meet this requirement.
• You must have finished serving every part of your sentence (be that post-supervision release following incarceration, probation, etc.) at least 20 years ago before you can file your petition.
• The felony (or felonies from the same set) can only be for a “nonviolent” felony. This means:
o It must be a Class C felony or lower (i.e., Class C through Class I felony)
o It cannot be a felony for which assault is an essential element of the offense
o It cannot be a felony for which you were armed with a gun or other deadly weapon in the commission of the offense, or for which possessing or using such a deadly weapon is an essential element
o It cannot be a felony for which you had to register as a sex offender

There are also other disqualifiers for eligibility besides those listed above. In addition, the term “essential element” is a legal term of art that is very often not obvious on its face. This means that some offenses you would assume classify as “violent” felonies are actually not. This can be determined by consulting with an attorney who handles firearm restoration to determine if you are in fact eligible.

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It Takes The Concern Of Money And Property Out Of  Your Marriage

What To Do If Pistol Permit Is Denied

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Unlike other types of firearms, to buy a pistol in North Carolina you must first get a Pistol Purchase Permit. If the Sheriff’s department denies your application, which can be for a myriad of reasons, it is important to consult with an attorney to know what your options are going forward. This denial is not necessarily final—you can file what’s commonly known as a gun permit appeal in court to fight the Sheriff department’s decision.

There are two different types of gun permits in North Carolina: Pistol Purchase Permits and Concealed Carry Permits (“CCW Permits”). Each permit has its own requirements and factors that can disqualify you, and the method of appealing a denial is also different for each. For example, for Purchase Permits (governed by North Carolina General Statute § 14-404), the Sheriff can only look at your criminal record going back five (5) years from the date of your application in deciding whether to grant or deny your application. (However, it is important to note that if you have a felony conviction on your record, that will require a separate process to Restore Your Firearm Rights.) In addition, Pistol Purchase Permit appeals are filed in your local Superior Court, unlike CCW Permits which must be filed in the District Court.

Superior Court is much more formal than District Court. It is a higher court, and unlike District Court, it is a “court of record,” meaning that all hearings are transcribed by a court reporter. In addition, Purchase Permits have a “good moral character” requirement—and the meaning of that term is as vague as it sounds, which means the Sheriff has wide discretion in considering Pistol Purchase Permits. Fortunately, with the assistance of an attorney who handles gun permit denials, you stand a much better chance at proving to the court that the Sheriff’s decision was incorrect. There is no one-size-fits-all solution to appealing a gun permit denial, so discussing your case’s specific facts with an attorney is of the utmost importance so they can guide you through an individualized plan of action.

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Why is My Driver’s License Suspended

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According to the North Carolina legislature, possessing a driver’s license in this state is considered a privilege, not a right. Because of this, there are many different ways in which to have this have that privilege temporarily suspended, or lost altogether. The most common ways that this occurs can be boiled down to three basic scenarios:

  1. You are convicted of certain traffic offenses. Some convictions create an automatic suspension (accumulating too many points on your driver’s license; speeding 15 mph over the limit if you’re going more than 55 mph; or speeding more than 80 mph over the posted speed limit). Other convictions give the Department of Motor Vehicles the option of suspending your license (such as being convicted of reckless driving and speeding over 55 mph within the same year).
  2. Getting a Failure to Appear (“FTA”) in court.
  3. You are convicted of (or in some instances, simply charged with) an impaired driving offense. If you refuse to give a breath sample during a DWI investigation, have a blood alcohol content (“BAC”) of at least .08% or more, or a BAC of .04% while driving a commercial vehicle, your license is automatically revoked and suspended for 30 days If you are convicted of a DWI (whether by pleading guilty or after a trial), your license will be suspended for a year. Having multiple DWI convictions will also lead to longer suspensions or even a permanent suspension.

If your license is suspended for the first or second categories above, and you are pulled over while driving during that period of suspension, you will most likely be charged with Driving While License Revoked (“DWLR”). This is a Class 3 misdemeanor in North Carolina.

If, however, you are suspended under category three above and are caught driving, you will be charged with Driving While Revoked for an Impaired Revocation, which is a Class 1 misdemeanor, the most serious class of misdemeanors in North Carolina.

The most important takeaway is this, regardless of the type of suspension you may be facing: it is absolutely critical that you consult with an attorney in any of the above situations instead of simply going online and paying off your ticket. Many people do not realize this, but doing so is admitting that you are guilty. Consult with an attorney experienced in handling such matters as soon as possible to protect your license.

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DWI Sentencing

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Driving While Impaired (“DWI”) sentencing in North Carolina is generally distinct from other types of misdemeanor sentencing and is governed by its own sentencing statute, North Carolina General Statute § 20-179. The law flat-out requires that after a DWI conviction, the court must hold a hearing and determine the existence of so-called aggravating and mitigating factors, which will affect what “Level” you are for sentencing, and what sentence you consequently receive.

DWI sentencing classifications in this state range from Level 1 to Level 5—and they may not mean what you think. A Level 5 is actually the lightest level of punishment, while Level 1 is the most severe. What level you will be entirely depends upon how many “grossly aggravating” (if any), aggravating and mitigating factors you have.

Examples of grossly aggravating factors include if you have a prior conviction for an impaired driving offense in the seven years before the date of offense of the instant conviction (for which you’re being currently sentenced); or, if during the instant offense: your impaired driving caused serious injury to another person; you had a child under the age of 18 in the vehicle; or your driver’s license was revoked for another impaired driving offense. Meanwhile, simple aggravating factors include having a Blood Alcohol Content (“BAC”) of 0.15 or higher, negligent driving that led to an accident that could be reported, or driving while your license was revoked for any other reason.

Mitigating factors include if your BAC was 0.09 or lower, having what qualifies as a “safe driving record,” or if your impairment was due to a legally prescribed controlled substance as long as you were within the legally prescribed range.

The State has the burden of proving to the court that any of the grossly aggravating factors (if any) or aggravating factors exist, by a “preponderance” of the evidence (which means “more likely than not,” a burden much lesser than the “beyond a reasonable doubt” standard required for a criminal conviction). Because of this and the many other intricacies involved in these types of charges, it is extremely important to have the assistance of an experienced criminal defense attorney who handles DWI offenses regularly.

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