22 July

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Asheville resident dies after being struck by fire truck

North Carolina pedestrians are often at a higher risk for death when they are involved in motor vehicle accidents. The chance of death is usually extreme when the vehicle involved is a large truck or emergency vehicle, as it was during one accident recently in Asheville that left one woman dead. Cause of accident unclear The Asheville Citizen Times reports that a fire truck struck the female victim when she stepped out into traffic for unknown reasons. A witness claims the female, who was on foot and walking with traffic, seemed to accidentally leave the side of the road and walk into the path...

20 July

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Why is mitigation important to your defense?

Posted by Chris Proffitt

in criminal defense

Whether the evidence against you is overwhelming and you’re convicted at trial or you’ve simply resolved to plead guilty in court, mitigation becomes the next area for your defense attorney to address. A mitigating factor is basically anything that might indicate a reduced level of culpability on your part. It can also be something that shows the court that putting you behind bars for a lengthy period would serve no purpose, either because you’ve already taken steps to rehabilitate yourself or you are no real danger to anyone and not likely to re-offend. While the law in North Carolina does allow the...

09 July

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Do the police always need a search warrant?

Posted by Chris Proffitt

in criminal defense

The 4th Amendment protects you from “unreasonable” searches and seizures by the police. A search may be more reasonable if the police get a search warrant signed by a neutral third party, often a judge. However, every search does not require a warrant. Understanding when a warrant may or may not be necessary can help you understand your rights. Do you have an expectation of privacy? Generally speaking, if you have a reasonable expectation of privacy, the police would likely need a warrant. For example, most people consider their homes to be private. Thus, a warrant is often necessary to search your...

06 July

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5 tips to stay safe on your motorcycle

Posted by Chris Proffitt

in motorcycle accidents

As the summer months continue to roll on, there will likely be more motorcycles on our North Carolina roads. From people trying to get to work, to school or off on a weekend adventure, a motorcycle offers flexibility, excitement and a dependable ride. Unfortunately, motorcycle accidents account for a significant number of injuries and fatalities in the state and across the country. Here are five tips to remember that can keep you and other riders safe. Wear the proper gear: In general, this advice can simply refer to heavy clothing such as long pants and a long-sleeved jacket. It’s also important for riders to...

06 July

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Understand your right to plead the Fifth

Posted by Chris Proffitt

in criminal defense

You might have heard the term “plead the Fifth” when you’re watching a television show or movie that’s about a criminal matter. If you’re facing charges for anything, this is a phrase with which you might need to familiarize yourself. It may come in handy as your case moves through the court system. In short, you don’t have to have to answer questions that might lead to you being found guilty of a crime. This includes questions while you’re in police custody or while you’re in court. The protection means that you can’t be forced by anyone, including the judge or...

30 June

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Talking about a motorcycle collision with your loved ones

Posted by Chris Proffitt

in car accidents

If you were recently involved in a motorcycle crash, our law firm recognizes the multiple stressors you are likely experiencing. Many people are seriously hurt in these collisions, which alters the course of their lives in different ways. For example, working becomes impossible for some of those who are immobilized in a motorcycle wreck, while others require a lot of care and attention because of physical or mental challenges resulting from a crash. It is important to discuss the hardships you are facing with your loved ones. Whether you have a spouse and children, live with your parents or simply need...

23 June

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When drug possession becomes drug trafficking

Posted by Chris Proffitt

in drug trafficking

Drug trafficking charges engender more serious treatment than possession— in North Carolina and across the United States. When a charge graduates from possession to trafficking depends upon the circumstances of arrest and other factors. As FindLaw explains, both federal and state law treat trafficking harshly, often requiring mandatory minimum sentencing. While possession can often amount to a misdemeanor, drug trafficking is a felony. Factors in charging and sentencing Drug possession may turn into a trafficking charge in a few cases. Large amounts of the drug, large amounts of cash discovered during arrest or other evidence suggesting that the substance is for more than personal...

22 June

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Protect the spine after a car wreck

Posted by Chris Proffitt

in car accidents, personal injury

The injuries that come from car wrecks can vary from bruises up to catastrophic conditions like spinal cord injuries. Many people don’t think about something like a wreck altering the course of their life, but it is very possible when the spinal cord is damaged. The completeness of the spinal cord injury plays a direct role in how a victim is able to recover. When the injury is complete, the chance of recovery is reduced because the connections in the spinal cord are completely severed. When it is incomplete, there is more of a chance of recovery because some of those connections remain. Spinal...

08 June

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Why you need legal guidance after an injury

Posted by Chris Proffitt

in personal injury

You got into an accident on your way to work in Asheville. The other motorist was clearly at fault. You were injured, but you plan on filing your own claim for damages with their auto insurance company. You’re pretty sure that you can handle this on your own. This course of action is not ideal. You need to understand that the insurance company is not on your side. Even if it happens to be your own insurance company to which you’re making the claim, they will always focus on their bottom line and appeasing the company’s shareholders. What that means in a...

04 June

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What to do if facing arrest

Posted by Chris Proffitt

in criminal defense

Getting stopped by the police is scary, and many people do not understand their rights or how to act when faced with questions. There are ways to act within one’s rights without escalating the situation. If the police do make an arrest, it is important to know how to act so someone does not unknowingly incriminate him- or herself. Rights if stopped by police Whether in a car or on foot, the ACLU states that no one has to answer certain questions, such as those regarding where someone lives, what someone is doing, the country of origin or where someone is going. In...

Author: Chris Proffitt