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Author: Chris Proffitt

Nielsen Legal > Articles posted by Chris Proffitt (Page 5)

Legal grounds for a bed and board divorce in North Carolina

In North Carolina, a “divorce from bed and board” is a form of legal separation between spouses. Despite its misleading name, it’s not a complete or absolute divorce. Instead, it’s a court-ordered separation that provides a legal framework for spouses living separately. Understanding its implications is important, as it can influence matters like property division, child custody and alimony. Valid reasons for a separation A divorce from bed and board doesn’t dissolve the marriage, meaning you remain legally married but live separately. Several reasons might lead you to file for a divorce from bed and board, and these reasons are recognized as valid...

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Safecracking is a separate, punishable offense from burglary

The crime of burglary is a multifaceted offense. It’s one part of the offense to break or enter a building without permission, but the other key factor is the offender’s intent to commit any felony or larceny once inside. A person charged with burglary will face several other related charges depending on the circumstances of their offense. One potential criminal charge they might face is safecracking. What exactly is this criminal charge and what are the penalties for conviction? Tampering or removing a safe is safecracking According to state law, a person commits the offense of safecracking if they unlawfully open, enter or...

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What are the challenges of adopting a foster child?

Adopting a foster child is a noble and rewarding undertaking. That said, the journey comes with challenges in addition to those that nonadoptive parents must face. Understanding the struggles inherent in bringing a foster child into one’s home is necessary for creating a harmonious experience. Attachment issues Building trust and forming healthy connections with others may not be natural for youth in the welfare system. This is especially true for those whose histories include severe disruptions. Adoptive parents must invest time and effort in creating a supportive environment that provides emotional security and encourages healthy relationships. Behavioral challenges On average, 23% of kids in the...

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North Carolina’s drug laws and how they handle marijuana possession

Half of all U.S. states have legalized the recreational use of marijuana, also known as cannabis. But where does North Carolina stand on this matter? The state still considers cannabis as a dangerous controlled substance, so possession of marijuana is a crime. However, North Carolina’s drug laws can be confusing and complex, especially when it applies to marijuana. This blog will explore the state’s drug laws and how they affect marijuana possession charges. If you face charges, it’s important to understand what awaits you. State laws on marijuana According to the state, marijuana is a Schedule VI drug. Schedule VI substances have a currently...

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Is corrosive acid a “deadly weapon” if used in an assault offense?

Corrosive substances such as hydrochloric acid, sulfuric acid, ammonium hydroxide and sodium hydroxide have plenty of uses. They’re used for making things such as batteries and fertilizer, cleaning, or lab work. But these substances are also incredibly harmful to humans; contact with highly corrosive substances can cause chemical burn injuries. Because these substances are so harmful, some might think they’re the perfect weapon to stage an assault crime on someone because it’s as easy as dousing a person with water. Or someone was looking to destroy the physical appearance of another person by using acid. But would using an acid or similarly...

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What differentiates assault and battery from self-defense?

In North Carolina, it is illegal to make unwanted or aggressive physical contact with another person. The state can charge someone with assault and battery for hitting, shoving or otherwise injuring someone else. However, not everyone accused of a violent offense actually intended to hurt someone else. Many people only become physical when they feel they must defend themselves or others. Can someone accused of assault and battery in North Carolina defend against those allegations by claiming they acted in self-defense? North Carolina laws around self-defense Like most states, North Carolina has statutes specifically describing what constitutes self-defense. Typically, people have to fear...

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Should you consider restorative justice for manslaughter charges?

Facing manslaughter charges is extremely daunting because it means being accused of causing someone’s death. It involves the loss of a human life, which carries a heavy emotional and moral burden. Defendants often grapple with feelings of guilt, remorse and sorrow, even in cases where the act was unintentional. It also comes with serious legal consequences like prison time and fines that can affect your life and loved ones. These cases often get much public attention, adding to the stress. Plus, understanding the legal system and terms can be confusing. It is a tough situation that calls for careful consideration and support....

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Questions to ask yourself before divorcing

Going through a divorce can be a complicated time. And this can intensify if you are not ready. You should be prepared for the process to avoid costly mistakes, if at all possible. By asking yourself the following questions in advance of filing for divorce, you can clarify some important concerns in ways that may ultimately affect the outcome of the process in significant ways. Are you sure you want a divorce? You should be sure you want a divorce before initiating a conversation. You don’t want to tell your spouse you want a divorce in the middle of an argument, and then...

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What is an unwitting drug mule?

To minimize their risks, drug traffickers often resort to inventive methods to smuggle substances across the border. While drug mules allow them to transport drugs in small quantities, traffickers also manipulate or scam unsuspecting individuals to do the same. Unfortunately, even unwitting drug mules may face serious legal consequences if caught. No one is safe An unwitting drug mule can be anyone who unknowingly transports illicit drugs across borders or nations. Drug traffickers use whatever means necessary to reduce suspicion and minimize their risks as they smuggle illegal drugs across countries. A part of that is using various scams and tricks to...

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Can tax evasion lead to jail time?

Tax evasion is a serious offense that involves individuals or businesses intentionally underreporting their income, inflating deductions, hiding money offshore or engaging in other deceptive practices to reduce their tax liability. While nobody enjoys paying taxes, attempting to evade them can lead to severe repercussions. The tax authorities, like the Internal Revenue Service in the United States, have to investigate and prosecute tax evasion cases. 1. Civil penalties Tax evasion can result in substantial civil penalties. These may include fines, interest on unpaid taxes and additional penalties for fraud. The exact penalties vary depending on the severity of the evasion and the tax...

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