Blog Posts in 2014

  • If a Law Enforcement Officer Pats Me Down, Can He Seize Anything that He Discovers On Me?

    If a law enforcement officer pats me down, can he seize anything that he discovers on me? As in most cases, the answer to this questions is - it depends. The Fourth Amendment to the United States Constitution prohibits law enforcement officers from conducting unreasonable searches and seizures. This means that officers need a search warrant to search you or to seize anything that they find during ...
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  • Recovering Attorney's Fees in Civil Cases

    Innocent plaintiffs are often frustrated by the need to pay attorney's fees despite their legitimate claims against wrongful defendants. Understandably, many plaintiffs believe that they would not need to spend money on legal fees if the defendant had not acted wrongfully. Thus, successful plaintiffs often seek to have the defendant pay their legal fees for them. Unfortunately for such plaintiffs, ...
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  • Fight 30-Day Civil Revocation

    The Process To Fight The 30 Day Civil Revocation In North Carolina, if you are charged with driving while impaired (" DWI ") and refuse to submit to a breath test or blood test, or receive a result of .08 or greater then you will be subject to an immediate 30 day civil revocation of your driver's license. While you have a right to a criminal trial on the final issues in the criminal charges, the ...
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  • Reduced Federal Sentencing Guidelines for Drug Offenses

    The United States Sentencing Commission ("USSC"), an independent agency in the judicial branch, has voted unanimously to amend the federal sentencing guidelines to reduce the sentences for most drug trafficking offenses. Perhaps most notably, this amendment will apply retroactively. Therefore, the amendment could shorten sentences for nearly 50,000 people who are currently incarcerated for drug ...
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  • Third Party Custody & Visitation

    When parents are faced with a dispute involving custody of their child in North Carolina, the dispute is resolved through the courts application of the best interests of the child standard. In other words, the court will order a custody and visitation schedule for the parents that the court deems will be promote the child's interest and welfare. The best interest of the child standard is also ...
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  • Probation Violation: Absconding

    Question: Have I violated probation by not notifying my probation officer that I have moved? Factual Scenario: Ashley was convicted of DWI and as part of her sentence received 12 months of supervised probation. At the start of her probation, Ashley was living with her sister in a house in Forsyth County. For the first 7 months of probation, Ashley was a model probationer and did everything she was ...
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  • Child Custody Factors in North Carolina

    When it comes to determining child custody , there are so many factors to consider and decisions to be made. The child custody process in North Carolina can often be a confusing one for parents, as statutory law does not well define all of the many facets of custody. In a custody matter, parents are given some type of "legal custody" and "physical custody" over the minor child or children. “Legal ...
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  • Civil Lawsuits in North Carolina

    Venue for Civil Lawsuits in North Carolina One of the first things that needs to be decided when initiating a civil action is where to file the lawsuit. Where the lawsuit is filed and litigated is referred to as the "venue." Venue must be proper to avoid having the case transferred to a different county or dismissed outright. North Carolina law states that venue is generally proper in the county ...
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  • Contributory Negligence

    Contributory Negligence in North Carolina A majority of personal injury claims rest on the legal doctrine of "negligence." North Carolina imposes a duty on every person to use the level of ordinary care that a reasonable and prudent person would use under the same or similar circumstances. When a person fails to use ordinary care that person is considered to be "negligent." " Contributory ...
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  • Halloween Masks and the Law

    Is It Legal to Wear a Mask on Halloween? Leaves are changing, the air is getting cooler (at least some days), and Christmas trees are beginning to appear in department stores everywhere. These signs can only mean one thing: Halloween is on its way. That's a good thing, especially for those who love to dress up. Whether you plan to be silly, clever, or scary, there is a certain element of freedom ...
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  • Summary Judgment In North Carolina

    An Introduction to Summary Judgment In North Carolina What if there was a way to have certain issues, or even an entire case, decided without having to go through a long trial? "Summary judgment" is a procedural device that offers just that. Summary judgment is a way for the court to dispose of claims that the plaintiff (the party bringing the lawsuit) cannot prove or that the defendant (the party ...
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  • Worker's Compensation Claims & Federal Employees

    Typically, workers' compensation claims in North Carolina are governed by the North Carolina Workers' Compensation Act. However, when the plaintiff is a federal employee their claims are governed by the Federal Employees' Compensation Act. The Federal Act calls for the United States to compensate federal employees for any injury sustained while in the performance of his or her job if that injury ...
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  • Dummit Fradin Hosts 6th District Congressional Candidate Mark Walker

    On Thursday morning, Dummit Fradin's Greensboro office hosted a meet-and-greet for 6th District Congressional Candidate Mark Walker. Mark Walker, a Republican from Greensboro, addressed those in attendance about his decision to run for election despite not having been a career politician. Mr. Walker also spoke about his desire to increase the opportunities available to small businesses by reducing ...
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  • Appreciable Impairment & DWI Law

    Question: "Can I be arrested and convicted of DWI even if my BAC was .08 or less?" The Attorney Replies: Yes, under North Carolina law (N.C.G.S. 20-138.1), a person may be convicted of the criminal offense of Driving While Impaired even if their Blood Alcohol Concentration (BAC) is equal or less than .08. The person may be arrested and convicted under what is known as the 'appreciable impairment' ...
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  • 6 Wrong Reasons to NOT hire a Workers' Compensation Lawyer

    You read that correctly! Seriously. After all of my years of experience and practice, it still surprises me to hear some of the reasons folks have for not getting legal representation. So, here’s a list of the top 5 reasons why people don’t think they should get an attorney: I don’t want to sue my employer . Well, okay. Fair enough, but guess what? This actually isn’t a problem. Why? Because ...
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  • DWI, the Weather, and Your Case.

    Question : I’ve been hearing a lot lately about officers cracking down on drinking and driving during the holidays. I noticed that cold weather makes some electronics and gadgets less reliable, is this true for the breathalyzer tests that police give when they stop someone? The Lawyer’s Reply : It’s certainly not outside the realms of possibility. There are Alco-Sensor devices that are, without a ...
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  • Injured at work? Know Your Rights!

    To be eligible for benefits under the North Carolina Workers' Compensation act, employees must: Prove that they were an employee, That they were injured, and The injury in question was caused by an event that occurred while they were on the job. All of the above requirements sound pretty simple, but injured employees should beware trying to prove these points alone. An experienced workers' ...
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  • Do I Have A Workers' Compensation Claim?

    Good question. Whenever a workers' compensation claim is started, a qualified workers' compensation attorney has to consider the following two questions: Does this injury qualify for coverage under the North Carolina Workers' Compensation Act? Is this covered (or should it be covered) under the employer's workers' compensation insurance? When it comes to determining whether or not you have a ...
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  • Arizona Marijuana DWI Law Struck Down

    Driving while impaired. Also known as DWI , or (in some states) DUI. It's against the law, and most folks would tend to agree that that's a good thing. After all, nobody approves of impaired driving. But when we consider our DWI laws, it's important that we look at them from a rational point of view. A DWI implies a couple of things. It implies that someone was driving, sure, but it also implies ...
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  • Dummit Fradin Downtown Greensboro Renovation in Triad Business Journal

    Winston-Salem-based law firm Dummit Fradin has moved its Greensboro office into renovated space on West Market Street, with plans to grow in the next two years. The renovation was done by Grandview Construction of Pfafftown. Attorney Jonathan Kreider said the firm, which specializes in criminal defense work, relocated its office from the 100 block of North Elm Street in a move that gives it more ...
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  • Beating a Sex Crime Charge

    Is it possible to beat a sex crime charge? YES!!!!! While the State's evidence against you may be enough to support your arrest and a sex crime charge, it ultimately may not be enough to prove beyond a reasonable doubt that you are in fact guilty of a sex crime. Avoiding prison time, avoiding sex offender registration, and perhaps even avoiding conviction entirely are possible with a good, ...
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  • Interlock Hearing Question

    What should I do if I received a non-compliance letter from the NCDMV because I had a DWI or an alcohol violation? I blew a FAIL when I tried to start my car in the morning. I had taken cough medicine in the middle of the night because I was sick. I guess it was still lingering in my system. I have had no other violations over the last year. My restrictions are a .000 over 3 years. I have a ...
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