24 February

Sticky

Study finds many court psychological tests junk science

The field of psychology is not doing enough to screen out unreliable psychological tests that are being used in the U.S. court system, according to a new study. As a result, courts in North Carolina and elsewhere are allowing junk science to improperly influence juries and judges in criminal trials and other court proceedings. Researchers from Arizona State University examined 876 U.S. court cases between 2016 and 2018 to determine what types of psychological tests were used. They found that the most frequently used test was the Minnesota Multiphasic Personality Inventory, and the second most frequently used test was the Rorschach...

22 February

0 Comments

Sticky

Misuse of company credit cards may lead to embezzlement charges

Posted by Chris Proffitt

in White Collar Crimes

Embezzlement typically refers to situations in which employees misuse their employer’s funds. The funds may find their way into covering personal expenses or transfer to another individual, but the basic allegation is that it represents theft from an employer. Many organizations rely upon the convenience afforded by credit cards to cover various expenses. Under certain circumstances, however, those employees entrusted with them might experience the temptation to use them for other than company business. In two separate cases, a Raleigh man and a Beaufort County bookkeeper faced newsworthy employer credit card embezzlement charges. The more notable of the two involved the Raleigh...

12 February

0 Comments

Sticky

Report advocates change to NHTSA’s car safety rating system

Posted by Chris Proffitt

in car accidents

North Carolina residents may check to see what a vehicle’s safety rating is before buying. This five-star safety rating system, developed by the National Highway Traffic Safety Administration in the 1990s, can certainly be helpful, but there is a widely felt need for updates to make it more accurate. A report from October 2019 has expressed this need. According to the report, the quantity of crash testing that goes into determining the safety rating is minimal when compared to other countries. Europe in general performs four times as many crash tests as the U.S. does before rating vehicle safety. The federal government is...

10 February

0 Comments

Sticky

A drug conviction may make you ineligible for federal student aid

Posted by Chris Proffitt

in criminal defense, Drug Charges

If you attend the University of North Carolina at Asheville, you undoubtedly love your collegiate experience. After all, not only does the school provide a first-rate education, but it also offers dozens of opportunities for getting the most out of student life. If you rely on federal student aid to attend the university, though, a drug conviction may be problematic. The FAFSA allows students to apply for certain loans, grants and work study programs. When completing the application, you must answer a question about your criminal background. Specifically, you must reveal whether you have been convicted of possessing or selling a...

05 February

0 Comments

Sticky

Do assault and battery always involve injury?

Posted by Chris Proffitt

in assault and battery

Assault and battery can be confusing legal terms. Because authorities often charge both at the same time, many people use the two words interchangeably, but they actually refer to two separate crimes. If you had a confrontation with someone who suffered no injury as a result, you may feel surprised at finding yourself charged with assault and/or battery. However, neither assault nor battery requires an injury to result in criminal charges. According to the National Paralegal College, an assault is either a threatening action that puts the alleged victim in fear of imminent harm or else an attempt at physical contact...

29 January

0 Comments

Sticky

Deputies seize guns, drugs and a stolen ATV during search

Posted by Chris Proffitt

in drug trafficking

The execution of a search warrant in North Carolina on the morning of Jan. 8 led to the seizure of drugs, guns, and a stolen utility vehicle according to a press release from the Henderson County Sheriff’s Office. Detectives from the Henderson County Drug Task Force conducted the search and were supported by deputies assigned to the HCSO’s Crime Suppression Unit. A man and a woman were taken into custody at the scene. The search warrant was executed at a residence on Peaceful View Trail in the unincorporated community of Edneyville. Initial reports do not indicate what led law enforcement to believe that...

24 January

0 Comments

Sticky

What are the signs of a concussion?

Posted by Chris Proffitt

in personal injury

Between sports injuries, falls and car accidents, concussions occur often, and they may seem like non-serious injuries. However, a concussion is a mild type of traumatic brain injury, and it may have lasting consequences. Sometimes the symptoms of a concussion are difficult to see, but it is important to be able to recognize the signs and know when to seek medical care. According to the CDC, most people who experience a mild TBI (concussion) eventually recover from the symptoms of the injury. However, it may take several weeks or even longer for all the symptoms to vanish, especially if you have had TBI...

24 January

0 Comments

Sticky

What are the penalties for driving with a revoked license?

Posted by Chris Proffitt

in criminal defense

There are many traffic infractions and other violations that may lead to the North Carolina DMV suspending or revoking your license. During the duration of your suspension or revocation, it may be tempting to continue driving rather than choosing less-convenient transportation methods such as walking or riding a bus. However, if you get convicted of driving with a revoked license, you could face severe penalties. The North Carolina DMV states that you may get an additional suspension of your license after a conviction for driving with a revoked license. For example, a first offense may lead to an additional year of revocation, and...

14 January

0 Comments

Sticky

Why social media should be avoided while being investigated

Posted by Chris Proffitt

in criminal defense

While you may have spent your life trying to stay on the right side of the law, now you find yourself as the subject of a criminal case. You’re familiar with the fact that law enforcement will be gathering evidence about you. It can feel overwhelming and anxiety-inducing. And as you await a verdict, it can be common to want to let off steam. But one very important thing to keep in mind is to be careful of how you conduct yourself, notably on social media. Social media allows users to access a mass audience for little to no cost. And...

13 January

0 Comments

Sticky

Miranda warnings protect people’s rights under arrest

Posted by Chris Proffitt

in criminal defense

When people in North Carolina watch a police drama on television, they know to expect that an arrest scene will include the reading of the suspect’s Miranda rights. However, people did not always have their Fifth Amendment rights against self-incrimination presented to them when they were arrested. A 1966 Supreme Court decision gave the name Miranda rights to the list of rights that police are required by law to inform people about when they arrest them on criminal charges. People are told that they have the right to remain silent, that the things they say can be used against them...

Blog