Posted on August 11, 2022 in Personal Injury

Drivers in the United States pay an average of about $150 per month for car insurance. While for some people, this does not seem like a lot of money, to others, it seems like too much to pay. Regardless of one’s personal finances, North Carolina requires drivers to have at least liability insurance so that if they cause a car accident, the person they hit does not suffer. Yet, estimates of uninsured drivers still hover around 10 percent.  

If you do get into a car accident that was caused by someone without car insurance, you may naturally feel distraught. After all, why should you pay for damages that you did not cause? With the help of a Raleigh personal injury attorney, you may be able to recover compensation for your injury and property damage, even if the other driver does not have car insurance.

What Steps Should I Take After Getting in a Car Crash with an Uninsured Driver? 

Taking the proper steps immediately following an accident can protect your options when it is time to pursue compensation. If you are hit by an uninsured driver, be sure to do the following if it is safe: 

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 Posted on August 02, 2022 in Español

Según la ley de Carolina del Norte, cualquier cargo por robo, sin importar el valor, se considera "robo". Los cargos de hurto, que caen bajo el paraguas de delitos penales de delitos contra la propiedad, pueden variar desde delitos menores hasta delitos graves. Las condenas pueden dar lugar a penas severas, como servicio comunitario, tiempo en la cárcel y multas elevadas. Sin embargo, una de las consecuencias más preocupantes de una condena son los antecedentes penales posteriores, que pueden empañar la reputación y dificultar la obtención de un empleo.

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 Posted on July 28, 2022 in Criminal Defense

Under North Carolina law, any theft charge, no matter the value, is considered “larceny.” Charges of larceny, which fall under the criminal offense umbrella of property crimes, can range from misdemeanors to felonies. Convictions can result in stiff penalties such as community service, jail time, and hefty fines. One of the most troubling consequences of a conviction, however, is the subsequent criminal record, which can tarnish reputations and make securing employment difficult. 

Fortunately, there could be mitigating circumstances in your larceny case that reduce your chances of conviction. A criminal defense attorney can explain charges and possible penalties and help build an effective defense.

Two Types of Misdemeanor Larceny

Under the law of North Carolina, shoplifting or stealing merchandise from a retail store is divided into the following two categories. 

Misdemeanor concealment – Shoplifting without leaving the store is considered concealment of merchandise. Switching or altering price tags to lower the price of the merchandise when paying at the register is a form of concealment of merchandise. Another example includes hiding merchandise in a purse, backpack, shopping bag, or underneath their clothing. Although individuals charged with this type of shoplifting did not necessarily leave the store with stolen merchandise, the intent to steal was established. If convicted of concealment of merchandise as a first offense, it is a Class 3 Misdemeanor. Penalties can range from 24 hours of community service to a 20-day jail sentence. A second offense is a Class 2 Misdemeanor, and penalties can range from 72 hours of community service to a 60-day jail sentence in addition to fines.    

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 Posted on June 29, 2022 in Workers' Compensation

In 2020, over 80,000 North Carolinian, private-industry employees sustained injuries or illnesses at the workplace. That same year, there were 189 workplace fatalities. These alarming statistics do not include injuries incurred in the public sector. The North Carolina Workers' Compensation Act mandates that all private companies provide workers' compensation to employees. This coverage is akin to no-fault insurance, meaning an injured employee does not have to prove fault to recieve benefits.

Sometimes, however, employers and insurance companies contest what is rightfully due to the injured or ill employee. A workers' compensation attorney can help negotiate compensation for injured or permanently disabled parties. 

Three Benefits Included Workers’ Compensation

If evidence of the injury, illness, or death proves to be work-related, the compensation could include the following.

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 Posted on May 27, 2022 in Personal Injury

North Carolina's expansive waterways of lakes, rivers, and the Atlantic Ocean, are a recreational epicenter for boating. With 390,305 registered boats that navigate North Carolina's waterways, locals and tourists alike enjoy this popular water activity. In 2020, there were 187 boating accidents with 24 fatalities, making North Carolina one of the nation's leading states in watercraft accidents.

A personal injury lawyer adept in state maritime rules and regulations may be able to secure monetary compensation for injuries, or a fatality, on behalf of the victim or the victim’s family. The statute of limitations for filing a personal injury lawsuit in North Carolina is three years from when the boating accident occurred. However, a wrongful death lawsuit is limited to two years from the accident.

Eleven Common Boating Accident Injuries and Fatalities

Boating accident injuries can be traumatic and devastating. Although most injuries suffered in boating accidents are minor, some are so severe that the victims are not fortunate enough to recover fully. Recovery can take an emotional and financial toll on the victim and the victim’s family. Severe injuries can cause life-altering repercussions, like paralysis or brain injury. Tragically, some catastrophic boating accidents result in the loss of life. A personal injury lawyer will help pursue compensation for boating accident injuries, like the following.

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 Posted on April 30, 2022 in Criminal Defense

In some cases, a criminal cases, conviction is unavoidable no matter how good your attorney is. Pleading guilty is sometimes the best move, and trials are always a risk because juries can be wildly unpredictable. After you are convicted or plead guilty, your case moves into what is called the sentencing phase. During this time period, the court will consider a large amount of information to determine what the appropriate sentence might be.  

In some felony or high-level misdemeanor cases, the judge may order a probation officer to conduct what is called a presentence investigation. A lawyer can help you during this period by emphasizing the good facts and circumstances that might lead to a lighter sentence and contextualizing or explaining any issues that could lead to a harsher sentence. Preparing for this phase requires strong criminal defense skills. 

What Information Does a Presentence Investigation Cover?

The goal of a presentence investigation is to put your offense into context so that the court has all the information it needs to determine an appropriate sentence. When these investigations are ordered, they can be extremely important. A good presentence report can mean the difference between prison and probation for some people. Information about you that may be gathered during a presentence investigation includes your: 

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 Posted on April 12, 2022 in Personal Injury

While all car accidents have the potential to be dramatic scenarios, nothing compares to the feeling of being involved in a hit-and-run accident. Hit-and-runs occur when a driver strikes another person, vehicle, or property and drives away. According to North Carolina law, if a car accident causes any injury or property damage of at least $1,000, the individuals involved must stop and exchange contact information. If you were injured due to a hit-and-run accident, you may be eligible for financial compensation.

Always Seek Medical Attention After Being Hurt in a Car Crash

If you are hurt in an accident—either as a motorist or pedestrian—it is imperative that you go to the hospital immediately. Although you may think your injuries are minor at the time of the accident, the actual pain of your injuries may be masked by adrenaline. When this “fight or flight” hormone is no longer in your bloodstream, you may realize you are injured far worse than you realize. Delaying medical treatment may aggravate your injuries and reduce your chances of receiving compensation for lost wages or medical bills.

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 Posted on March 30, 2022 in Immigration

The short answer is maybe. In some cases, a criminal conviction can lead to deportation. In other cases, you may be allowed to serve any sentence you are given and remain in the country. The end result depends on several factors, including which crime you are convicted of. If you are not a U.S. citizen at the moment and get charged with a crime, it is very important that you contact an attorney who understands both criminal defense and immigration law. There is too much at stake for you to take any chances with your future in this country. Once you are convicted, the immigration court is likely to take that conviction at face value even if you later have grounds for getting it expunged or otherwise done away with. 

Which Crimes Can Lead to Deportation?

Minor misdemeanors usually do not trigger deportation proceedings, but some more serious misdemeanors can. The line between a deportable offense and a non-deportable offense is not the line between misdemeanors and felonies. Instead, the standard is that “crimes of moral turpitude” can get you deported even if you are here legally. This is not always a very well-defined standard, but it typically encompasses crimes that include some element of dishonesty or suggest that you are a danger to others. Additionally, some aggravated felonies will automatically trigger deportation.

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 Posted on March 16, 2022 in Criminal Defense

While everyone would like their criminal charges to be dismissed completely, or to be found not guilty, this is not always a realistic outcome. In some cases, there is overwhelming evidence, like when a crime is clearly captured by security cameras. In other cases, the risk of going to trial and being found guilty is intolerable to the defendant. In cases like these, the best course of action may be to accept a plea bargain. A plea bargain is essentially a deal worked out between a defendant, his lawyer, and the prosecutor. In exchange for a guilty plea, the prosecutor may offer reduced charges or reduced sentencing. Always consult an experienced criminal defense attorney who can evaluate the situation before agreeing to a plea bargain. 

How Does the Plea-Bargaining Process Work?

Typically, the prosecutor makes the first offer to your attorney. This begins the negotiating process. If you have a victim, their opinion may be taken into consideration. You and your attorney will discuss each offer the prosecution makes. This is where having an experienced criminal defense lawyer really helps - they will have a better understanding of how fair or reasonable a given offer is. Eventually, your lawyer and the prosecutor will arrive at a “final offer.” Your options then are to take the final offer or go to trial. 

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 Posted on February 15, 2022 in Personal Injury

After a car accident, you may be in a state of shock, especially when you or someone you care about has been injured. It can be hard to think clearly. When the driver who caused the crash whips out their wallet and approaches you with an offer, it may be tempting to take it for a number of reasons. It seems easy. You have their plate number. You do not want to deal with an insurance company or a court if you do not have to. However, before you take any kind of “handshake deal” on the side of the road, you may want to know why some drivers may do this—and why taking such a deal is almost never a good idea. Your best bet is to refuse, file a police report, and call a lawyer. 

Reasons At-Fault Drivers Might Have for Offering a Verbal Settlement

A driver who has caused an accident would not make an offer on the side of the road if he did not think it would ultimately benefit him in some way. Often, these drivers are trying to hide something or escape complete liability in some fashion. 

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