19 December

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FAQs about the divorce process in North Carolina

Navigating the divorce process can feel overwhelming, especially when emotions run high. Understanding the basics of divorce in North Carolina can help you approach it with greater confidence. You may find it helpful to know the answers to some of the most common questions about divorce in the state. 1. How long do I have to live in the state to file for divorce? You must reside in North Carolina for at least six months before filing for divorce. This residency requirement ensures the state has jurisdiction over your case. If you recently moved, you may need to wait before beginning the...

16 December

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Can you block the prosecution’s evidence in your criminal case?

Posted by Chris Proffitt

in criminal defense

If they hope to obtain a conviction, the prosecution has to present competent evidence against you. But even if that evidence seems convincing, you might be able to block it from being used against you. This is because evidence is sometimes collected in violation of your rights or in a way that otherwise jeopardizes its viability. But before the court will issue a ruling suppressing this evidence, you’ll have to raise the matter and competently argue your position. When can you block evidence from being used against you? There are several circumstances that can give rise to evidence suppression. This includes: When evidence...

21 November

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Can your spouse ignore the divorce petition?

Posted by Chris Proffitt

in Family Law

You know that you want a divorce, but you’re also aware that your spouse does not. The two of you have discussed it, and it’s clear this won’t be an amicable split. One thing that concerns you is whether your spouse might refuse to cooperate entirely. They may ignore the divorce petition or even threaten to do so, telling you they won’t sign anything because they don’t want the marriage to end. Can they ignore the petition, and do you need their signature? They only need to be informed Under North Carolina law, you are required to inform your spouse that you want...

08 November

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Did you just commit identity theft?

Posted by Chris Proffitt

in criminal defense

Identity theft could be a serious crime that destroys a person’s financial well-being. When someone steals personal information, they can wreak havoc on an individual’s life, damaging their credit score, emptying bank accounts and even committing crimes in their name. The law considers it a serious offense, so the consequences can be far-reaching and significant. The damage of identity theft might not be just about money; the emotional toll can be overwhelming. Because of its severity, facing accusations of this crime can also be devastating. It could be vital to know and recognize what identity theft looks like to avoid becoming...

03 November

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When can you face conspiracy to commit drug trafficking charges?

Posted by Chris Proffitt

in Drug Charges

For you to be charged with conspiracy to commit trafficking in North Carolina, the prosecution must prove three key elements. First, there must be an agreement between you and at least one other person to engage in drug trafficking. Second, you must have the intent to further the plan, and lastly, at least one person involved must have taken a tangible step or overt act toward committing the offense. For instance, if you and another individual discussed selling a large quantity of controlled substances and began making the necessary arrangements to purchase those drugs, it could amount to a criminal conspiracy....

17 October

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Legal guidance amid child support problems in North Carolina

Posted by Chris Proffitt

in Family Law

When you exit a divorce with a child support order, it helps to reduce your stress about providing for your kids. Unfortunately, receiving the ordered support is another problem entirely. Understanding potential child support issues and how to address them can help ensure your children receive the financial support they need. Here are some examples of common problems and guidance for resolving them. Non-payment of child support A common problem is when the non-custodial parent fails to make child support payments, creating financial strain and negatively impacting the child’s well-being. Legal action can be taken to enforce payment, including wage garnishment and contempt...

09 October

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Will litigation help me get better child support?

Posted by Chris Proffitt

in Civil Litigation

Child support disputes can be stressful for both parents, especially if the current support amount seems insufficient. In North Carolina, child support decisions follow state guidelines, but parents may not always agree with the outcome. Litigation may become necessary if you and your co-parent cannot agree on the proposed terms. However, it is also important to recognize when litigation may not be the best option for securing better child support. How courts decide child support in North Carolina In North Carolina, family courts calculate child support using the North Carolina Child Support Guidelines. These guidelines consider several factors, including the income of both...

04 October

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What to know if facing Class H felony charges in North Carolina

Posted by Chris Proffitt

in criminal defense

Class H felonies encompass a range of offenses that, while serious, are considered less serious than higher-class felonies. Those charged with a Class H offense should be aware of the potential consequences to prevent a worst-case scenario.. If you are charged with a Class H felony, arming yourself with the right knowledge, you are better prepared to make wise decisions in your case. Keep reading to learn more about these felonies. Examples of Class H felony offenses The offenses that can be charged as Class H felonies encompass a wide range of unlawful activities — many of them considered minor by most people....

18 September

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2 factors that can make a divorce more complicated

Posted by Chris Proffitt

in Divorce

Some divorces are relatively straightforward. A married couple may decide that the relationship is no longer working, so they mutually agree to end it. However, some situations aren’t as simple as this, and several factors can make divorce much more complicated. Outlined below are two notable examples. When the couple has children It is rarely easy for parents to separate. In fact, many parents try to keep the marriage together purely for the children. When parents split up, it changes the entire dynamic for the children. That’s why child custody cases during divorce are often contentious. Nonetheless, this is something that parents can get...

29 August

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How can that be battery? What everybody needs to know

Posted by Chris Proffitt

in assault and battery

Most people think of “battery” as something that requires significant physical contact – so it can take them by surprise to find themselves facing charges over something they never considered worthy of police involvement. In reality, battery can include the infliction of actual physical harm on another person – but it can also include just minimal, but unwanted, physical contact. To that end, any offensive touching that is done without the victim’s permission can lead to charges. What does simple battery look like? Here are some examples of battery that might surprise you: You’re in a fight with your boyfriend and he says something...

Author: Chris Proffitt