26 October

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What does the ‘First Step Act’ in North Carolina do?

The North Carolina First Step Act was signed in to law this year, and it offers new hope for some people who have a prior felony conviction on their records for drug trafficking or conspiracy to drug traffic. What does the First Step Act do? Essentially, it gives the court some wiggle room when it comes to the mandatory minimum sentences that courts have previously been required to impose. This is particularly important when you realize that people can be charged with drug trafficking or the intent to traffic drugs based only on the amount of drugs found in their possession — and this policy...

23 October

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How can a brain injury affect your memory?

Posted by Chris Proffitt

in personal injury

As a resident of North Carolina who got into an accident, you may suffer from physical effects that last long after the incident itself. This is particularly true of brain injuries, which often have traumatic impacts lasting months, years or even a lifetime. In particular, brain injuries tend to have lasting impacts on your memory. In what way does it affect your ability to recall things and store new memories? Brain injuries and short-term memory damage The Model Systems Knowledge Translation Center examines the relationship between memory and brain injury. Brain injuries, especially traumatic ones (TBIs), tend to affect short-term memory the most....

12 October

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Can you legally defend yourself using violence in North Carolina?

Posted by Chris Proffitt

in assault and battery

There’s an old saying that “violence begets violence.” For the most part, that’s true — especially when someone is put into a position where they feel like they have no choice but to aggressively defend themselves against harm by another. But do you actually have the right to violently attack someone in your own defense? In some states, people have a legal duty to retreat in the face of a threat whenever possible — and North Carolina was once like that, as well. Now, however, North Carolina has “Stand Your Ground” laws on the books. Those laws greatly broaden the right of...

08 October

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Car goes over bridge due to collision with tractor-trailer

Posted by Chris Proffitt

in car accidents

The stakes are high in a collision between a passenger vehicle and a tractor-trailer. Because of its mass, a tractor-trailer can exert much more force when the two vehicles collide. Sometimes the force is sufficient to move the passenger vehicle in an unexpected direction. Recently, a tractor-trailer on U.S. Highway 74 in North Carolina sent one vehicle over the edge of a bridge and struck six others. Authorities charged the driver with reckless driving. Though there was no report of any life-threatening injuries, two people went to the hospital as a result of the crash. Parting the line The accident occurred in the...

28 September

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What makes you subject to tribal law in North Carolina?

Posted by Chris Proffitt

in criminal defense

The Eastern Band of Cherokee Indians has a significant population in North Carolina, and members of that nation who are accused of a criminal offense may be subject to tribal law instead of the laws of the state of North Carolina. Sometimes that’s an advantage, and sometimes it isn’t, depending on the charges. The rules (and penalties) used in a tribal court are much different than the state’s. Who exactly is subject to tribal law? It’s a complicated question that doesn’t always have an easy or obvious answer, because you can have Native American ancestry and still not qualify for tribal citizenship....

25 September

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What is traumatic amputation?

Posted by Chris Proffitt

in personal injury

You may argue that any type of amputation feels traumatic. This is true. However, traumatic amputation specifically refers to situations where you lose a limb by accident in a traumatic incident. Incidents that occur by accident and lead to immediate dismemberment or necessary amputation may fall into this category. One Science Direct study reports that trauma-related amputations tend to occur most frequently among young men. This may stem from the fact that men tend to take more risks and make up the bulk of blue-collar workers in dangerous fields. Most common causes There are many potential causes of dismemberment, but some do occur more frequently...

16 September

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Types of injuries to watch for after a car crash

Posted by Chris Proffitt

in car accidents

Immediately after a motor vehicle accident, you will not notice the full extent of your injuries as some symptoms appear a few days or weeks later. Seek medical attention right away after a car crash and monitor yourself for the common types of delayed injuries. Common delayed injuries Back, shoulder and neck pain is common after a car accident. If the pain in these areas seems severe and the discomfort is unbearable, seek medical treatment as lasting injuries in these areas can have severe consequences on your body. Headaches or migraines following a motor vehicle accident are signs that you may have a concussion...

14 September

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Federal and state authorities vow to clean up North Carolina

Posted by Chris Proffitt

in drug trafficking

To hear the federal and state authorities tell it, there’s a silent war going on between law enforcement and the criminal element in North Carolina, and the authorities are determined to win it. The Take Back North Carolina Initiative was launched in April 2018 as a cooperative effort between local, state and federal law enforcement agencies. The operation was begun in response to concerns over rising drug addiction rates and organized criminal activity, particularly in the eastern part of the state. The message coming from the authorities is pretty clear. “You are next. We will come for you,” was the quote from Robert Higdon,...

07 September

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How can I ride a motorcycle safely as a passenger?

Posted by Chris Proffitt

in car accidents

The area around Asheville is legendary for its beauty, so it is no surprise that plenty of people like to take to their motorcycles and enjoy it on two wheels. Not only is motorcycling a fun solo activity, but it is also possible to take a passenger along for the ride. Riding a motorcycle as a passenger is exhilarating, but understanding how to stay safe and best practices is a must. According to Motorcycle Habit, the most important thing a passenger can do is wear appropriate safety gear. What safety gear should a passenger have? For maximum safety, both driver and passenger should...

01 September

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I’ve been pulled over: Do I have to do Field Sobriety Tests?

Posted by Chris Proffitt

in car accidents

It’s been long day and a longer night. You’re heading home from a work party – you only had a couple of drinks – and while you are tired, you feel okay to drive. A squirrel darts in front of you and you swerve to the left to avoid it. Almost immediately, you hear sirens behind you. You crossed the center line and that is reason enough for law enforcement to stop you. You aren’t too concerned, you’re fatigued, but not drunk. You pull lover, comply politely with the officer when he asks for your license and insurance. And now what? The officer...

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