31 December

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Understanding when you should file a personal injury claim

Being injured because of someone else’s actions may leave you feeling violated, scared and hopeless. At Nielsen Legal, we are experienced in working many personal injury cases in North Carolina and are committed to helping you stand up for yourself and share your story with confidence. Deciphering if you have been the victim of someone else’s negligence can be easy in some situations, but difficult to recognize at first in others. When your injury has involved the actions of other parties, assess whether or not they are remorseful for their actions or if their behavior indicates any type of responsibility for...

16 December

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Can you contest radar evidence in court?

Posted by Chris Proffitt

in criminal defense

When a North Carolina law enforcement officer writes you a speeding ticket, (s)he likely used a hand-held radar gun to “clock” you going over the posted speed limit. But while radar gun results seem to be an open and shut case of compelling evidence against you, is this always true? FindLaw explains that if you truly do not believe you were driving over the speed limit at the time the radar gun says you were, you can — and probably should — hire a criminal defense attorney, plead not guilty at your arraignment, and challenge the radar results at your trial....

15 December

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Know the penalties for North Carolina drug crimes

Posted by Chris Proffitt

in criminal defense, Drug Charges

Like the federal government, North Carolina categorizes controlled substances depending on their potential effects and whether they have any proven medical use. Schedule I drugs are the most dangerous and carry the most significant penalties for possession and trafficking, while drugs on lower schedules result in lower penalties. Explore the potential legal consequences of drug possession or trafficking charges in North Carolina. Schedule I drugs This category includes heroin; Quaaludes; MDMA (ecstasy); and hallucinogens such as psilocybin mushrooms, LSD and peyote. Possession of these drugs for personal use is a felony charge that carries up to five years in prison, while trafficking charges can...

09 December

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Fayetteville crash kills one, injures three

Posted by Chris Proffitt

in car accidents

It goes without saying that drivers in Asheville need to remain alert and attentive at all times. This will help them in seeing and avoiding obstacles in the road ahead. Yet the responsibility to ensure that obstacles in the roadway do not cause accidents does not lie solely with drivers; those working on the side of the road or who find themselves stranded must also ensure that people driving past understand that they are stopped and exactly how wide of a berth they need to give them. It can often be difficult for an approaching driver to realize that another...

08 November

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Calling the police after a car accident

Posted by Chris Proffitt

in car accidents

Getting into a car crash can be a scary enough experience, which is why some motorists do not want to call the police to come to an accident scene, perhaps fearing what the police will say or do. North Carolina actually does not require drivers involved in accidents to call the police in all instances. However, depending on the situation, calling the police is mandated by state law. According to current state law, if you are involved in an accident where someone was injured or had died as a result of the crash, you must inform the police. Even if no...

05 November

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Justice system change means kids will be treated like kids

Posted by Chris Proffitt

in criminal defense

In 2017, North Carolina lawmakers passed a law that will raise the age of juvenile jurisdiction for nonviolent crimes. This means that 16- and 17-year-olds who allegedly commit nonviolent crimes in the state will not be automatically charged as adults. North Carolina is the last state to automatically charge 16- and 17-year-olds as adults. However, when the “raise the age” law goes into effect on December 1, youth accused of nonviolent crimes will go through the juvenile justice system instead of the adult justice system. Why this change matters This change is important because those who go through the juvenile justice system may have...

04 November

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How can facial trauma from dog bites affect you?

Posted by Chris Proffitt

in personal injury

North Carolina residents who have been through traumatic dog bite attacks will have a long recovery process to go through. Not only will a dog bite leave physical scarring that can be hard to ignore when it’s on your face, but it can leave mental scarring that you could be recovering from for years to come. Mayo Clinic has a case study regarding facial trauma from dog bites. Facial trauma can come in many forms. Because the face has so much soft and delicate tissue, attacks to the area can result in heavy damage. For example, people have been blinded in...

31 October

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Researchers unveil marijuana Breathalyzer

Posted by Chris Proffitt

in Drug Charges

Scientists at the University of Pittsburgh have announced a new tool to detect the primary psychoactive ingredient in marijuana, THC, on a person’s breath. The university began developing the device in 2016 as more states legalized recreational pot. Thirty-three states have legalized marijuana in some form, and there are several devices currently in development that could potentially help law enforcement detect marijuana on drivers. However, scientists and legal experts say none of the methods are ready for use. Drugged driving charges in North Carolina In the Tar Heel State, a person can be charged with driving while impaired (DWI) if officers believe they are under...

25 October

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What are field sobriety tests?

Posted by Chris Proffitt

in criminal defense

If you are one of the many people who live in North Carolina and find yourself charged with driving while intoxicated offense, you may understandably feel afraid and unsure of what to do next. It is important to remember than an arrest and an accusation of a crime does not guarantee that you will be convicted of the charges. One element of a drunk driving investigation and arrest process is the administration of field sobriety tests. Understanding these tests is important for you. As explained by FieldSobrietyTests.org, there are three roadside tests approved for use by the National Highway Traffic Safety...

21 October

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Understanding North Carolina embezzlement laws

Posted by Chris Proffitt

in criminal defense, White Collar Crimes

When you think about embezzlement, you may imagine a large scheme designed to steal hundreds of thousands of dollars from a large corporation. In reality, however, many cases in which an employee steals from his or her employer involve smaller but nonetheless significant amounts. If you face theft or embezzlement charges in North Carolina, learn more about how the state laws will affect your case. State definition of embezzlement Theft becomes embezzlement when it involves certain individuals, including, but not limited to, trustees, clerks, agents and business administrators who divert company funds for their own use. Embezzlement is a Class H felony in North Carolina but...

December 2019