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Author: Chris Proffitt

Nielsen Legal > Articles posted by Chris Proffitt

3 times the state can pursue DWI felony charges

Motorists accused of chemical impairment at the wheel may face driving while impaired (DWI) charges, which some other jurisdictions call driving under the influence (DUI) charges. Frequently, DWI defendants face misdemeanor charges. The penalties that the state may impose depend in part on the outcome of the crash and the personal record of the accused driver. Prosecutors tend to push for the most serious charges that they can legally justify and may seek the harshest penalties possible as well. In a few scenarios, state prosecutors may be able to file felony DWI charges against motorists. When can impaired driving be classified as...

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Types of financial disputes that can lead to divorce

Money problems are one of the most common reasons couples choose to divorce. Financial issues can put a serious strain on a relationship. Over time, these issues can lead to arguments, resentment and emotional distance. Below are some of the most common financial disputes that may contribute to the breakdown of a marriage. Disagreements about spending habits Spouses often have different views on how to manage money. One may regularly make large purchases, such as buying new electronics or planning vacations, without asking the other. The more cautious partner may prefer to stick to a budget and avoid extra expenses.  This mismatch can lead...

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What are some defenses to an assault charge?

You get arrested and find yourself facing an assault charge. You’re worried about spending time behind bars and the impact that a conviction could have on your future. It might make it more difficult for you to get a job, for example. As such, you want to know what defenses you may have. This is going to vary from case to case, depending on the specific details. Here are a few examples of potential defenses that may be applicable. Mistaken identity You may be able to deny that you were even involved in the altercation. Maybe a witness incorrectly identified you or said...

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Should you keep using social media during your divorce?

The use of social media when going through a divorce is a debatable subject. Some recommend not using it, while others believe it can be harmless, provided one is careful about what they post. So, should you keep using social media during your divorce? Will you be tempted to post negative things about your spouse? Leaving contentious comments on your soon-to-be ex-spouse’s posts or talking about them negatively on social media can disadvantage you. Your behavior may be strongly considered when the court makes decisions regarding child custody and other crucial elements. If your divorce involves conflicts you believe can be worsened by you...

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Who keeps the house in a North Carolina divorce?

Divorce can be a challenging process, especially when it comes to dividing assets. In North Carolina, the question of who keeps the house during a divorce is often complicated. Understanding the state’s marital property laws can help clarify this issue. Marital property in North Carolina In North Carolina, the concept of “marital property” is crucial. Marital property includes most possessions and interests acquired during the marriage. However, not everything acquired during marriage falls under this category. Inheritances and personal gifts, for example, count as separate property. Also, if a spouse uses their inheritance to buy something during the marriage, that item remains...

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What to do if you’re pulled over after drinking and driving

Seeing flashing lights in your rearview mirror can be nerve-wracking, especially if you just had a few drinks too many.  Understanding the next steps to take can be confusing, but from the moment the officer steps up to your vehicle, every action you take matters. Knowing your rights and staying calm can help protect you from making costly mistakes. The next steps DUI stands for “driving under the influence” and it typically refers to operating a vehicle like a car or truck while impaired by alcohol or other substances. It’s illegal and can lead to serious Fines and even jail time. When you’re first...

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How your spouse may hide assets during divorce

When you’re going through a divorce, part of the process is making financial disclosures to the court. It’s important to be honest and not hide assets, or you could risk being held in contempt of court. That said, people do still try to hide assets, often in an effort to keep those assets out of property division. You may be concerned that your spouse is going to do this if you are having a contentious divorce, so here are a few tactics to be aware of. Undervaluing items One tactic that people use is to buy expensive items and then purposely undervalue them...

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Red flags that divorce may be on the horizon

It can be helpful to prepare in advance for a divorce. To this end, it’s beneficial to know what red flags to look for so that you can see if your relationship may be headed in that direction. Of course, everyone’s relationship is unique so you will have your own personal factors to consider. But here are a few red flags that you want to keep in mind. Your lifestyles are very different If you and your spouse are very different, it can eventually lead to conflicts, especially as you get older. For instance, maybe you like saving money for retirement, but your...

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What you should know about controlled substances

While many drugs can be found in stores, other substances are not as freely accessible. People may need a prescription from a doctor before purchasing medication. However, even some drugs are not accessible to the general public or used in any medical field.  The accessibility and management of substances is determined by the Controlled Substance Act. The Controlled Substance Act can also have a huge effect on drug possession cases. Here is what you should know:  What is the Controlled Substance Act? The Controlled Substance Act is a federal policy enacted in 1970 to regulate the manufacturing, distribution, importation, exportation and use of...

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New year, improved co-parenting approaches

The new year is a time for fresh starts, and for co-parents, it presents a perfect opportunity to evaluate and improve co-parenting dynamics. Whether you’re newly separated or have been co-parenting for years, there are always additional ways room to strengthen communication, reduce conflict and foster a healthier environment for your children as the new year unfolds. To that end, it may benefit you and your ex to begin the year by discussing shared goals for your children. Focus on areas like academic success, extracurricular activities and emotional well-being. When both parents are aligned on priorities, this reality can inspire a...

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