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Do assault and battery always involve injury?

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...

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Deputies seize guns, drugs and a stolen ATV during search

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...

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What are the signs of a concussion?

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...

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What are the penalties for driving with a revoked license?

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...

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Why social media should be avoided while being investigated

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...

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Miranda warnings protect people’s rights under arrest

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...

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Could my child be expelled for possessing a controlled substance?

The amount of freedom that young adults have when they first go to college can be eye-opening. Being away from home might make them realize they are solely responsible for their actions. This realization could mold your child to become more accountable or it could cause them to rebel. College students are known for experimenting with drugs, such as alcohol. However, some young adults might begin hanging out with the wrong crowd and delve into more dangerous illegal substances. This can lead to severe repercussions, both from the university and from law enforcement. Disciplinary action from the college Being caught by university law...

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Drunk driving charges and financial problems

Those stopped for driving under the influence face serious penalties, whether their ability to retain their driving privileges is in jeopardy or they face time behind bars. However, other major problems arise for many people in this position, especially from a financial standpoint. At Nielsen Legal, we understand that many people in North Carolina face financial hardships as a result of drunk driving cases. Moreover, some have existing financial problems prior to an arrest and the case makes their circumstances far worse.  There are multiple reasons why drunk driving charges generate financial concerns. For example, these cases often bring high penalties...

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AAA Foundation study stresses limits of car safety features

In December 2019, the AAA Foundation for Traffic Safety released the results of a study it conducted on various car safety features. It found that two features in particular can be misused by drivers and raise their risk for a crash. Drivers in North Carolina should know what these two features are. The first is adaptive cruise control, a feature that automatically accelerates and slows the car down to maintain a safe following distance. The second is lane-keeping assist, which tugs at the steering wheel whenever the car is in danger of veering out of its lane. The issue is that both features...

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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...

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