28 February

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Vet charged with embezzlement receives probation

in criminal defense, White Collar Crimes

An individual who obtained money or services through alleged false pretenses may face an embezzlement charge. A false statement of fact regarding a past, present or future event could result in a felony charge, according to the North Carolina General Assembly. An embezzlement charge generally does not require proof that a defendant violated a position of trust such as employment. He or she may, for example, have provided details of hardship that caused an organization to provide a benefit based on events that did not actually occur. Conviction requires proof of false statement and intent to defraud A prosecutor must provide evidence showing...

14 February

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Brain injuries may bring long-term changes

Posted by Chris Proffitt

in personal injury

Many people may look forward to the day when their loved one experiences a complete recovery from a traumatic brain injury. However, brain injuries may sometimes have long-term effects on people. While many family members may expect their loved ones to recover swiftly, this may not be the case. According to the Centers for Disease Control and Prevention, a brain injury can still affect people several years after their accident. One study reports that after five years, 22% of people did not experience either a positive or a negative change in their condition. Additionally, 30% experienced worse health. The changes that...

05 February

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Understanding North Carolina theft charges

Posted by Chris Proffitt

in criminal defense

You could receive either a misdemeanor or felony for theft and related property crimes in North Carolina. The judge will review the type of stolen goods, their value, and whether you used a weapon or harmed anyone during the theft. If a North Carolina court has charged you with theft, review the crimes in this category and their possible penalties. Larceny This category covers general property theft, charged as a Class H felony for amounts greater than $1,000. You could also receive felony charges for larceny involving breaking and entering (burglary), theft of a firearm, or theft from someone’s pocket, bag or person....

01 February

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Why do some people feel drowsy while driving?

Posted by Chris Proffitt

in car accidents

As a responsible driver, you know that you need to be alert while navigating the roads in North Carolina or any other state. However, there is the chance you will encounter a motorist who is too fatigued to pay attention to you. This may result in a serious auto collision. Why do some people drive while drowsy given the risks? Sometimes a driver does not know that he or she is at risk of falling asleep while behind the wheel. The CDC explains that there are multiple reasons why a person could be too tired to drive safely. Not enough sleep Anyone can...

30 January

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Who is liable if another patron hurts me in a business establishment?

Posted by Chris Proffitt

in personal injury

Liability generally relates directly back to the person who caused you injury or whose negligence caused you injury. If you are in a business establishment and another customer injures you, there might be liability for both that other person and the owner of the business. According to U.S. News and World Report, liability for injuries often ties to intent and what exactly happened in the situation. Owner is liable The owner of the business would be liable if something he or she did or did not do led to the situation under premises liability law. This law maintains that property owners have a...

19 January

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Do you know how the driver’s license point system works?

Posted by Chris Proffitt

in car accidents

Life in the Asheville area is much easier if you have a driver’s license. Still, your driving privileges are not a guarantee. If you commit certain driving infractions, you may face a driver’s license suspension. To keep track of your driving infractions, North Carolina uses a point system. The North Carolina Division of Motor Vehicles assesses points for driving infractions. Generally, if you accumulate 12 or more points in a three-year period, officials suspend your driver’s license. There are a couple exceptions to this rule, however. Some infractions trigger an automatic driver’s license suspension Many traffic infractions result in the assessment of just one, two or...

05 January

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Must you answer a law enforcement officer’s questions?

Posted by Chris Proffitt

in criminal defense

If, like many people, you believe you have a legal obligation to answer any question a law enforcement officer asks you, think again. While you must identify yourself or produce identification when an officer requests you to, that is the extent of your legal obligation. You need not answer any additional questions or volunteer any additional information. In fact, doing so could come back to haunt you later. FindLaw explains that you have two kinds of rights when officers question you: constitutional and Miranda. Miranda rights In the 1966 U.S. Supreme Court case of Miranda v. Arizona, the Justices enumerated your Miranda rights...

04 January

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What are the penalties for a first-time DWI in North Carolina?

Posted by Chris Proffitt

in criminal defense, DWI/DUI

During the last few weeks, many Asheville residents have celebrated the Christmas and New Year’s holidays. As part of that, they may have had a few festive drinks – maybe some spiced eggnog or hot buttered rum or mulled wine. If you were one of those who went to a small gathering, drank a little more than you should have and then ended up facing a first-time drunk driving charge, you may be wondering what penalties you’ll face with a conviction. In North Carolina, a first-time DWI (driving while impaired) offense can include the following consequences: Paying a $200 fine Spending between 24 hours and 60...

01 January

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The police have a new tool: Digital vehicle forensics

Posted by Chris Proffitt

in criminal defense

The police are using technology in ever-increasingly creative ways throughout their investigations. Now, an emerging science known as “digital vehicle forensics” is giving the authorities new ways to win convictions. What is digital vehicle forensics? Digital vehicle forensics is the art of mining all of the data that gets collected by the computers in every modern vehicle. Up until recently, the amount of information that could be gleaned from a modern vehicle’s electronics was largely overlooked. That’s changed. Now, everything from a car’s navigational device, hands-free systems and other “smart” features can all be scoured for evidence that can disprove alibis or hand police...

23 December

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Proving addiction may help reduce drug trafficking penalties

Posted by Chris Proffitt

in drug trafficking

North Carolina’s prosecutors may aggressively charge an individual with multiple drug-related offenses. The allegations may include charges such as unlawful distribution and trafficking. The court, however, may decide that there is not enough evidence to sentence a defendant on every charge. The First Step Act, which went into effect during 2020, permits the Tar Heel State’s judges to deviate from mandatory minimum sentencing requirements. As noted by U.S. News and World Report, an addicted first-time nonviolent offender may request a less severe sentence for a drug-trafficking conviction. Substance abuse treatment programs may help reduce repeat offenses Studies revealed that 85% of incarcerated individuals...

Author: Chris Proffitt