Statesville North Carolina Legal Blog

A North Carolina State Highway Patrol trooper was accused of driving while impaired after he was arrested on July 21. Two law enforcement officers took the man into custody after they found him in the driver's seat in his vehicle on a street in Wilmington. However, a spokesperson for the Wilmington Police Department said on July 27 that the trooper is no longer facing charges.

The arrest occurred at about 3:30 a.m. on Princess Street in downtown Wilmington. The arresting officers, one with the Wilmington Police Department and the other a Sheriff's deputy, said that the dashboard lights in the man's vehicle were on when they detained him. However, the police who investigated the case determined that the vehicle that the man occupied was not in motion nor was its motor running at the time that the officers made the arrest. Accordingly, the charge against the 53-year-old man was dismissed. Police did not file any additional charges against the trooper.

Divorcing parents in North Carolina will need to create a parenting schedule for custody and visitation. It is important that parents make this schedule child-focused because it shows children that their parents are working together toward their best interests.

When creating the schedule, parents should think about what would work best for their children. They need to think about practical factors, such as how far apart they live and what transportation and the child's schedule are like. If the children have a regular child care provider, parents may want to try to keep that person to maintain a sense of consistency. Older children might want to help with the creation of the schedule. Parents should keep in mind that allowing their input does not mean they have to implement all of their suggestions. Finally, parents of children with special needs may need to take additional issues into account.

For those living in North Carolina who are thinking of filing for divorce, it would be a good idea to consider the timing of the separation and how changing laws may affect the outcome. With the passage of the new tax code, some may find it more advantageous to finalize their divorce before 2019. To help make sense of the confusion, there are some important aspects to keep in mind.

Exes who decide to keep the marital home as a financial asset won't be able to deduct as much of their property taxes and mortgage interest. In fact, many won't be able to deduct any portion of these items under the new tax laws. Selling could be the best option before divorce as married couples are able to realize a capital gain of up to $500,000 before any taxes are due.

Theft charges vary significantly in severity here in North Carolina. Take, for instance, one of the most basic types of theft charges in the state: larceny. Under state law, some larceny charges come in at the misdemeanor level, while others are felony charges.

Which level a larceny charge comes in at can have many impacts for a person, as it can affect what penalties could be on the table and what the overall stakes are in his or her case. Many factors can influence whether a person accused of larceny would be facing misdemeanor or felony charges. Below are four key questions when it comes to this issue.