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Statesville North Carolina Legal Blog

Options for challenging traffic tickets

Traffic tickets are not something to ignore and may be something the accused individual wishes to fight. There are a number of reasons to challenge a traffic ticket including reasons related to the potential consequences of a traffic ticket such as fees and increased insurance rates. Traffic tickets can be issued for a range of traffic violations including for speeding and running red lights.

In some circumstances, depending on the nature of the traffic violation alleged, it may be possible to challenge the opinion of the police officer as to whether the driver made an unsafe turn or was driving in an unsafe manner down the road. If the traffic citation requires the police officer to exercise personal judgment when evaluating the driver's activity, it may be possible to challenge the personal judgment made by the officer.

When to request a child custody modification

When a child custody arrangement no longer works, parents may need to request a child custody modification from the family law court. There are a variety of reasons why a child custody agreement may need to be modified but the family law court will always seek to do what is in the best interests of the child. If the child is in danger, for instance, the family law court may modify a child custody order and will seek to determine if there is domestic violence in the home, if the danger is immediate and if the child has expressed a desire not to be in the home.

Another reason that a child custody modification may be considered is because of parental relocation. The court will consider the parent's motivation for the relocation, whether it makes the current child custody agreement and visitation schedule impractical, if the parents have developed a way to rework the visitation schedule and if it interrupts the child's life, including their friendships, sporting and after-school activities and their religious upbringing.

Several arrested for drug charges in Statesville

Drug charges should never be taken lightly and require a strong criminal defense. Several individuals in the Statesville area are facing drug charges after authorities allegedly found drugs in a home. Authorities allegedly found methamphetamine, heroin and other drugs in the home. Police were searching for a 20-year old man wanted by law enforcement, who lives at the home, but stated they also believed there was drug activity in the home. According to police, a 32-year old man attempted to flee the home when authorities arrived. A 43-year old man was also arrested at the home.

When the 32-year old man was arrested, authorities allegedly found 4 grams of methamphetamine on him. Additionally, authorities allegedly found 10 grams of black tar heroin, greater than 30 grams of methamphetamine, marijuana, suboxone strips and drug paraphernalia inside a camper located at the home. A 40-year old man also left the home and was arrested at a later time. Authorities allegedly found a pill container with black tar heroin inside it that belonged to him.

The family law system helps with a range of divorce concerns

This blog recently discussed alimony but alimony is just one of many concerns divorcing couples may have. The family law system provides a range of resources and help for divorcing couples to help them address their divorce-related concerns. Divorcing couples have many understandable concerns related to their children, their property, their finances and assets and other concerns.

Divorcing couples can best protect their interests if they understand these issues and how the family law process views them. It is important to understand the concept of best interests, especially as it relates to child custody and determining what is in the best interests of the child. Following a one-year separation period, couples are able to divorce in North Carolina so it is helpful for them to understand how to negotiate that process.

3 factors that affect child custody decisions

One issue that you may not think about right away when filing for a divorce is child custody. Many people in North Carolina assume that the courts will give them primary custody of their kids just because they ask for it. Little do they realize that the courts use many factors to determine which parent children are better off with. 

You may feel that the child custody portion of your divorce case is easy to resolve because your children are almost teenagers and they can choose who they want to live with. However, if there is a dispute between you and your partner about custody, the courts will step in and resolve it for you. Here are three major considerations in how the courts determine child custody

Understanding alimony basics

Alimony is not awarded in all circumstances in North Carolina so it is helpful for couples to understand when alimony, sometimes referred to as spousal support, will be awarded. The purpose of alimony is to assist a non-wage earning or lower-wage earning spouse with the transition following divorce. In some circumstances, a spouse may have stayed at home to care for the household and children or contributed to the other spouse's career or education so alimony may be awarded to help that spouse become financially self-sufficient following a divorce.

Factors that are considered when determining if alimony will be awarded, for how long and how much, include the length of the marriage; the age, physical, emotional and financial condition of each of the divorcing spouses; the couple's standard of living during the marriage; the length of time the recipient spouse will need to obtain the education or training to become self-sufficient; and the ability of the paying spouse to pay alimony and still support themselves.

Marine charged with DWI in North Carolina after fatal accident

Drunk driving charges are serious charges that can carry stiff penalties. In a North Carolina community east of Statesville, an active-duty marine was recently charged in relation to a fatal accident. The 45-year old man is accused of blowing a blood alcohol content twice the legal limit. He has been charged with DWI, felony hit and run, felony death by motor vehicle and careless and reckless driving. The man was arrested following the fatal accident.

The marine was charged by authorities with impaired driving and other charges after he allegedly struck and killed the 17-year boy with his pickup. The boy was transported to a local hospital where he died. The marine allegedly fled the scene of the accident but was found and arrested later. According to authorities, he submitted to a breathalyzer test and blew a 0.18 blood alcohol content. The man remained in jail following the incident.

How is child custody determined in North Carolina?

During a divorce, child custody is important to both parents and may be a prominent concern on the minds of both parents and the family. The child custody decree will include provisions for who the child will live with and visitation provisions for the parent that does not have physical custody of the child. It is important to keep in mind that what is in the best interests of the child is always the guiding principle governing child custody determinations.

There are different ways that a child custody order or agreement may be structured. As is true of all divorce-related concerns, the divorcing couple and parents are encouraged to reach as many shared solutions to their divorce-related concerns as possible by working together. In general, physical custody refers to who the child lives with and legal custody refers to who is able to make important decisions for the child. Both physical and legal custody can be joint or sole which means that either the parents will share the responsibilities or one parent will have the responsibilities.

North Carolina traffic stop leads to drug arrest

Drug charges carry serious consequences and penalties and should be responded to with a strong criminal defense strategy. In a North Carolina community east of the Statesville area, I man was recently arrested on drug charges following a traffic stop. The man was stopped for speeding but ended up facing multiple drug charges after police alleged they smelled the odor of marijuana in his vehicle.

According to authorities, police seized 20 grams of marijuana, 48 doses of Xanax, assorted paraphernalia and an assault rifle when they searched the car. The 20-year old man was charged with possession with the intent to sell and deliver marijuana; possession with the intent to sell and deliver a Schedule IV controlled substance; marijuana possession; simple possession of a Schedule IV controlled substance; possession of drug paraphernalia; and felony maintaining a vehicle for the storage of a controlled substance.

The family law process is a resource for families

The family law process is designed to help families resolve a variety of issues that can come up related to their family and circumstances. Divorce, property division, child custody and child support are all issues that may be important to families. Divorce-related issues can be emotionally draining and challenging which is why the family law process serves as a resource to help guide couples and families towards positive outcomes for them.

It is important during the divorce process to have an understanding of how child custody concerns will be resolved, how property and assets will be divided and how to protect both children and finances during the process. These are likely concerns at the top of the minds of divorcing couples. A variety of considerations must be resolved during the divorce process such as property division, child custody and child support.

Serving Statesville, North Carolina and the surrounding area