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Author: Chris Proffitt

Nielsen Legal > Articles posted by Chris Proffitt (Page 6)

Can drug addiction be used as a legal defense?

Nobody ever plans to be a drug addict. Still, it does happen and can have a devastating impact on a person’s life. Drug addiction can cause some people to engage in criminal activities they may not have committed otherwise. Knowing this, can a person be held entirely responsible for their illegal act? How some drugs change brain chemistry Drugs interact with certain receptors in the brain to cause a surge of dopamine, a type of hormone and neurotransmitter associated with pleasure and reward. This is the same type of pleasure we naturally get from doing things we enjoy. However, the drugs may cause...

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Can a police officer stop and search you?

Imagine walking down the street, minding your own business, when suddenly a police officer stops you and searches you. It is a violation of your Fourth Amendment rights, which protect you from unreasonable search and seizure. An officer may only search you, your home or your vehicle if they have a warrant. A warrant is a legal document signed by a judge that allows an officer to conduct a search based on probable cause. It should specifically describe the person, place or property that the officer will search. However, there are cases where an officer may search you without a warrant. When...

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Preparing For Your Child Custody Hearing

You and your spouse saw no alternative but to go your separate ways. The divorce is underway and you’re nervous about your child custody hearing. One way to alleviate stress before a court date is to be as prepared as possible. The following steps should help you to navigate your custody hearing. Creating a good impression Typically, the court will want both parents to play an active role in the child’s life. If you and your co-parent can’t agree on certain custody issues, then the court will consider the best interests of the child. This is the standard by which the family court...

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Things That Mediation Can Help With In Divorce

Divorce can be a contentious process even at the best of times, but both sides typically just want a fair outcome. If it seems as though you and your soon-to-be ex-spouse are stuck in a loop of back-and-forth arguing, mediation might be the solution that can move things forward amicably. There are several crucial topics that you must settle with your spouse as part of your North Carolina divorce. By knowing which of these items mediation can help with, you can chart the most stress-free path possible through the impending separation. Child custody The top priority for most parents going through a divorce...

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Is It A Crime To Spit On Someone?

People express their anger or resentment toward another person in many ways. While some may respond with force, others might opt for a less violent but offensive approach, such as spitting. Compared to punching or kicking, spitting does not result in injury, so does it qualify as a crime? Why is spitting so offensive? Many people regard spitting as such a disrespectful behavior that they might prefer violence instead. This is because most people find it repulsive and demeaning to be spat on or touched by another person’s body fluids. And with good reason. Millions of bacteria microbes are present in the human...

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Should You Waive A Traffic Offense?

If you commit a traffic offense in North Carolina, an officer will issue you a traffic ticket. You’ll have to appear in court by the date printed on the ticket and make your case before a district court judge. The traffic ticket process can be tedious, but you can waive a ticket to save yourself a trip to court. The question is: Should you waive your ticket? How to waive a traffic ticket There are three ways to waive a traffic ticket: online, in person at the courthouse or by mail. Specific instructions to waive a ticket can be found at the back...

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When does a DWI become a felony?

In North Carolina, you can get a driving while impaired (DWI) charge if you operate a vehicle while under the influence of alcohol or certain controlled substances, such as drugs. Although DWI generally falls under misdemeanor criminal offenses, certain factors can turn it into a felony charge. DWI as a misdemeanor People who operate a vehicle with a blood alcohol concentration (BAC) level of .08% or higher or any amount of certain controlled substances usually get a misdemeanor DWI charge. This charge goes from level one to five; level one is the worst and has the heaviest penalties, and level five is...

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Why it is important to care for yourself during and after divorce

Taking care of yourself during and after divorce is crucial for several reasons. Divorce can be a significant source of stress and anxiety, which can have negative effects on your physical and mental health. It is essential to prioritize self-care activities like exercise, healthy eating, and getting enough sleep to help manage these stressors. A divorce can often lead to financial instability, which can impact your overall well-being. Taking steps to manage your finances, such as creating a budget and planning for the future can help reduce stress and improve your financial security. Taking care of yourself during and after a divorce can...

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An arrest is not a conviction

A law enforcement officer can arrest an individual if they have reason to believe that person committed an offense. The officer arrests a suspect. The suspect is not yet a criminal. It is an allegation of wrongful conduct that may not necessarily have merit. In North Carolina, an arrest is only the third step in a criminal conviction. Only the court can convict a person. Only the court decides if a person is guilty of committing a crime. Individuals arrested for criminal behavior have the legal right to defend themselves against such accusations. How does a criminal conviction happen? In a criminal...

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Money mule scam: Don’t share your bank account

Living these days can be extra expensive, and it does not help that very few jobs are available. People are searching the internet for side hustles or easy employment to get by. But that is precisely how these scammers target people into becoming unwitting money mules. What is an unwitting money mule? Criminals who acquire money illegally need a way to launder or hide where it came from. Criminals use a money mule to move the money on their behalf into another account, whether the mule’s or someone else’s. The criminal mastermind often pays the mule a small sum for the job. However,...

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