Getting charged with driving while impaired (“DWI/DUI”) in North Carolina is a serious enough matter on its own—you face potential temporary license revocation and suspension, and if convicted, an even longer suspension and probation or even jail time. As explained here, DWI sentencing requires the determination of aggravating and mitigating factors which will ultimately determine what sentencing “level” you are. This in turn will dictate what type of sentence you can receive. DWI charges and … [Read more...]
I Lost My License – How Am I Supposed to Get to Work?
For many people in rural areas of North Carolina and even some urban areas, public transportation is not widely available enough that you’ll have a reliable way to commute. If you’re in that category of people and have had your driver’s license suspended because of an impaired driving-related conviction or certain traffic ticket convictions, you’re probably wondering how on earth you’re supposed to keep your job until you can reinstate your license. The good news is that you may qualify for a … [Read more...]
When Divorce Mediation Isn’t Appropriate
Why Individuals who cannot properly advocate on their own behalf will need an attorney. Going into mediation and not being able to stand up for one's own wishes can result in accepting settlement terms that can harmful for the individuals and their children. Marriages with a history of violence should not be resolved through mediation. Social science indicates that abusive partners are not inclined to empathize with the people that they abuse. It is highly unlikely that they will properly … [Read more...]
Driver’s License Restoration in North Carolina
Driver's License Restoration in North Carolina According to the North Carolina legislature, possessing a driver’s license in this state is considered a privilege, not a right. Because of this, there are many different ways in which to have this have that privilege temporarily suspended, or lost altogether. The most common ways that this occurs can be boiled down to three basic scenarios: You are convicted of certain traffic offenses. Some convictions create an automatic suspension … [Read more...]
North Carolina seniors: divorce and divisions can be amicable
The Pew Research Center reports that the divorce rate among older Americans has doubled and even tripled for some age groups over the last 30 years. When it comes to divorce, it can be a lengthier process for seniors because they typically have more complex assets to divide. However, older couples may try to part ways on friendly terms. By following a few tips regarding financial decisions, couples could make the situation end on a more positive note. A collaborative divorce is an option … [Read more...]
Do You Qualify for an Expungement?
Every person ever convicted of a criminal offense has reason to wonder whether they are eligible for an expungement (also referred to as an “expunction”). An expungement is a powerful thing—once it is granted, it is as though that arrest and conviction never occurred, to the point that you may fill out a job application swearing under penalty of perjury that you have never been charged or convicted of those offense(s). There are a multitude of types of expungements, each with its own list of … [Read more...]
Driving While Impaired Charges in North Carolina
A charge of Driving While Impaired (sometimes referred to as a “DUI,” but called a “DWI” in North Carolina) is a serious offense. The North Carolina legislature expressed this in writing the laws that govern this charge—for example, a DWI conviction explicitly cannot be expunged. It will be on your record for the rest of your life. It is absolutely necessary to consult with and hire experienced DWI counsel if you or a loved one is facing this charge. You may be familiar in general with your … [Read more...]
Pistol Purchase Permit Denied
What To Do If Your Pistol Purchase Permit Application Is Denied Unlike other types of firearms, to buy a pistol in North Caroline you must first get a Pistol Purchase Permit. If the Sheriff’s department denies your application, which can be for a myriad of reasons, it is important to consult with an attorney to know what your options are going forward. This denial is not necessarily final—you can file what’s commonly known as a gun permit appeal in court to fight the Sheriff's department’s … [Read more...]
What is abandonment?
When it comes to divorce, North Carolina is a no-fault state. That doesn’t mean that certain behaviors won’t weigh heavily on the judge’s mind when it comes to ancillary issues. One of those actions is “abandonment.” But what exactly is abandonment? Abandonment comes from the idea that cohabitating is one of your marital duties. If one spouse willingly stops cohabitating, that may constitute “abandonment.” But it’s not quite that simple. It has to be proven that the cessation of cohabitation … [Read more...]
Denied for A Concealed Carry Permit?
You Were Denied for A Concealed Carry Permit—What Now? Going through the process to get a permit to carry a concealed weapon in North Carolina can be tiring enough—you took a specially approved training course, got your fingerprints taken at your local Sheriff’s department, signed the medical release, paid the non-refundable application fee…only to receive an email back from the Sheriff with the subject line, “Your Application Has Been Denied.” So now what? Is this a permanent bar? What do … [Read more...]
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