28 September

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What makes you subject to tribal law in North Carolina?

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...

01 September

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What does assault and battery mean?

Posted by Chris Proffitt

in assault and battery

You were angry and lost your temper. You overreacted to something and started to shout. You got so upset that you even poked your finger at the chest of the other party and made a few threats. Just the same, you certainly didn’t expect to find yourself in handcuffs facing charges of assault and battery. After all, nobody got hurt, right? You didn’t really intend to hurt anyone. Unfortunately, that’s not how the law may see it. Most people don’t realize that assault and battery have fairly broad definitions. You can be guilty of assault for any actions that put a reasonable person...

31 August

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The process of appealing your criminal conviction

Posted by Chris Proffitt

in criminal defense

Going through the process of participating in court proceedings and ultimately receiving a sentence may leave you feeling unsure of your future. Fortunately, you have the legal right to file an appeal in North Carolina if you disagree with the outcome of your situation. Your awareness of how the appeals process works may help you feel more confident as you prepare to present new evidence and hopefully persuade court officials to rescind your original sentence. Steps to appeal According to the United States Department of Justice, a common misinterpretation of a court appeal is that it allows you a completely new trial. Rather, it is...

17 August

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Is your teenager’s car safe?

Posted by Chris Proffitt

in car accidents

If your son or daughter is like most American tee When examining accidents, researchers discovered that 63% of teens killed in fatal wrecks were in either a small (compact or subcompact) or midsize car. By comparison, only 50.2% of drivers between the ages of 35 and 50 who died in fatal accidents were in smaller vehicles. Size isn’t the only factor that’s driving these stats, however. A vehicle’s age is another factor. Among the teens who were in fatal accidents, 38% were driving a vehicle that was older than a decade. By comparison, teens who were driving cars that were three-years-old or newer only...

12 August

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What is a serious bodily injury?

Posted by Chris Proffitt

in assault and battery

A criminal charge for assault can change depending on the nature of the situation and the injuries sustained. One important factor the prosecutor will consider is if there was a serious bodily injury. According to the UNC North Carolina Criminal Law blog, serious bodily injury is that which causes permanent disfigurement or brings a risk of death. It may also cause extreme pain or permanent loss of a body part or organ. It may also result in a lengthy hospital stay. Interpretation The definition often has different interpretations by juries and courts. For example, a jury found in one case that a rather...

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