Arrested Doesn’t Mean Guilty
The short answer is no. You don’t need to have a separation agreement also commonly called a separation and property settlement agreement in North Carolina to get a divorce. The only requirement is that you and your former spouse have been separated and are living...
In North Carolina, legal custody (when referring to child custody) has nothing to do with where the child lives or which parent the child resides. Legal custody, which a court usually awards jointly to both parties, is a decision making tool. Legal custody goes to...
A divorce from bed and board is not a regular divorce. In fact, if it’s granted, the parties are still married. The other difference is that in North Carolina, a divorce doesn’t have to be fault based, but a divorce from bed and board is fault based. What it does is...
Structured Sentencing came into effect for all offenses committed on or after October 1, 1994. Before this was introduced, Judges had a lot of discretion in how to sentence a person. These guidelines were mandated in order to ensure that each person was treated the...
Since we’re right in the middle of summer, I know that a lot of folks will be out and about on the lakes and waterways of our great State. And with that, I also know that many of you will be imbibing in alcohol during these activities. So, to answer the question I get...
A question I get sometimes from clients is “Can I be charged with D.W.I. in North Carolina while riding a bicycle?” The answer, unfortunately, is yes. You can be charged and convicted in the Great State of North Carolina for Driving While Impaired if you are impaired...
Some days, I have trouble believing this type of thing can happen in the United States of America. Many of you have probably heard the story already. Last week, a man won $22 million from a jury due to his treatment in New Mexico’s Dona Ana County jail. Not only did...
The North Carolina Court of Appeals seems to be standing by there earlier ruling in State v. Fields with this new case. The facts in this case are that the defendant, Mary Otto, was observed by a North Carolina State Trooper in February, 2008 weaving from the center...
