17 October

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Can the prosecution back out of a plea deal?

If you face criminal charges, and if there is a strong likelihood that the prosecution will secure a conviction, a plea bargain may offer the most favorable outcome. If the prosecution offers a deal and you accept it, the courts will consider it legally binding, much like a contract. What if, however, the courts have yet to finalize your deal and the prosecution attempts to back out? Is it legally allowed to do so? No take-backs According to Nolo, the American Bar Association established Prosecutorial Function Standard 3-4.2(c), which essentially states that it is unprofessional for prosecutors to back out of plea agreements...

13 October

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Defensive driving can keep you safer on the road

Posted by Chris Proffitt

in personal injury

A defensive driver is someone who is on alert for potential dangers and risky behaviors. It is about keeping yourself and your passengers safe while practicing habits that will help lessen your chances of becoming involved in a motor vehicle collision. Keep your vehicle safe The first step in avoiding driving mishaps is to keep your vehicle in good condition. Regularly check that your lights and signals are working, get your oil changed as often as recommended and keep all scheduled maintenance appointments. Make sure that the vehicle you are driving is running safely and smoothly so that you can trust it to...

29 September

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What is simple affray?

Posted by Chris Proffitt

in assault and battery

In North Carolina, the law merges assault, which is the threat of bodily harm, and battery, which is unlawful bodily contact, into a single crime. The same law that defines and imposes penalties for assault and battery also covers a similar offense, simple affray. Simple affray is a specific type of assault and battery. According to the University of North Carolina, there are three things that the state must prove to obtain a conviction on a charge of simple affray. A fight A charge of simple affray pertains to a fight between at least two people. The law defines a fight as either...

15 September

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Do aggressive drivers pose a roadway threat?

Posted by Chris Proffitt

in car accidents

Road rage – the feeling of anger or irritation that many drivers experience when on the road – serves as a common unifier among many drivers. In fact, a study by AAA reported that up to 80 percent of drivers admitted to experiencing road rage at some point. Unfortunately, some drivers take road rage too far and it leads to aggressive driving behaviors which can, in turn, increase the chances of crashes. Thus, it is important to note red flags of road rage when they appear and act accordingly. Signs of aggressive driving AAA Newsroom discusses the role aggressive drivers play in crashes,...

03 September

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What are the penalties for “death-by-vehicle” in N.C.?

Posted by Chris Proffitt

in criminal defense

Regardless of in which state you live, causing a motor vehicle accident that results in the death of another person is a serious matter. In North Carolina, however, it is more than a “serious matter.” It may constitute a criminal offense. According to DrivingLaws, if you commit a traffic violation and/or violate the state’s drunk driving laws and, in the process, unintentionally cause the death of another person, the state may charge you with “death-by-vehicle.” Whether you face felony or misdemeanor charges depends largely on what you were doing directly before the collision. Felony death-by-vehicle You face felony death-by-vehicle charges if, while driving...

19 August

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Common causes of burn injuries

Posted by Chris Proffitt

in personal injury

The more layers of skin a burn injury affects, the more severe it is. A full-thickness burn is the most serious type, extending through all the layers of the skin and requiring grafts to heal. A partial-thickness burn affects fewer layers but may still be serious enough to require skin grafting. According to the American Burn Association, accidental burns that are serious enough to cause injury to have several possible causes. Flame or fire Fire or flame is responsible for 43% of all serious burn injuries. According to the Family Doctor, having the chimney and electrical wiring in the home inspected periodically can...

06 August

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What is statutory rape in North Carolina?

Posted by Chris Proffitt

in criminal defense

Every state and the District of Columbia has an “age of consent,” which is the age at which the law considers an individual old enough to consent to participate in sexual activity. The age of consent in North Carolina is 16. If you engage in sexual intercourse with any person who is not yet 16, and if you are older than 16, the law may convict you of statutory rape. However, N.C’s statutory rape laws are not cut and dry, and it is important that you understand each statute that pertains to the offense if you face criminal charges. NC General...

03 August

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Can you change handedness after an amputation?

Posted by Chris Proffitt

in personal injury

While some car crashes leave individuals with minor injuries, others cause catastrophic damage. If your hand sustains trauma during a collision, doctors may have little choice but to remove it. The crash itself may also result in an immediate amputation. Most Americans have a dominant hand. Whether you primarily use your right or left one, an amputation of your dominant hand may make it difficult to work, perform everyday tasks and participate in your favorite hobbies. What causes handedness? Instead of identifying a single gene that dictates handedness, scientists tend to believe a person’s hand preference comes from both a genetic predisposition and...

26 July

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What are the mandatory minimums for drug trafficking in NC?

Posted by Chris Proffitt

in drug trafficking

Drug trafficking refers to the crime of illegally transporting, selling or importing illicit substances across state borders. Because most states, including North Carolina, work hard to keep drugs out, the mandatory minimum jail sentences for drug trafficking are lengthy. If you face drug trafficking charges, you may wonder what is at stake. In addition to hefty fines and monetary penalties, you face up to 225 months — or 18 years and nine months — in prison. The length of your prison term depends on the substance in question, the total weight of the drugs and whether you have prior convictions on...

07 July

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Inattentional blindness vs. distracted driving

Posted by Chris Proffitt

in car accidents

The lack of safety features and the protection of a frame mean motorcycle collisions with passenger cars and trucks in North Carolina often have devastating results. As a rider, even if you take precautions, it may not be enough. Expectation plays a role in what people see. According to Psychmechanics, attention is a limited resource, and inattentional blindness results when the brain focuses on only essential and relevant details to conserve resources. When the eyes see something the brain doesn’t expect, a person may lose critical information. Inattentional blindness Inattentional blindness, also called perceptual blindness, occurs when a person looks but doesn’t see, missing crucial...

Author: Chris Proffitt