Revenge Porn: It’s Classless and Illegal

With the advent of cell phones with cameras and the increasing popularity of social media, acts of revenge against ex-spouses, ex-girlfriends, and ex-boyfriends have become more widespread. Unfortunately, it has become more commonplace for people to commit these acts of revenge by displaying nude and/or sexually explicit images of their ex on the internet. This form of revenge is known as “revenge porn”, and it has been a hot topic lately due to Rob Kardashian allegedly posting nude images of his ex-girlfriend, Blac Chyna.

To combat these acts of “revenge porn”, most states have enacted laws, and generally these laws makes it a crime to disclose private, sexually explicit images of another person without that other person’s consent. Just in case you’re wondering, North Carolina also has a law addressing “revenge porn”, and that law has recently been amended to include even more scenarios.

If you or someone you know has been charged with a North Carolina crime in Forsyth County or one of the surrounding counties, you need to speak with an experienced Winston-Salem criminal defense attorney to represent you.  A Winston-Salem criminal defense attorney, with experience in North Carolina law, will guide you through this process to make sure that all of your rights are being protected.  If have been charged with a  crime in North Carolina, please call us at (336) 725-6559 and schedule a free consultation with a Winston-Salem criminal defense lawyer to assist you.  Our office which is located for your convenience in downtown Winston-Salem, North Carolina.

North Carolina Finally “Raises the Age”

Beginning in December 2019, 16-year-old and 17-year-old offenders in North Carolina, who have been charged with North Carolina crimes, will now resolve their cases in the juvenile system for all misdemeanor and some low-level felony crimes.  North Carolina was the only state still charging juvenile offenders as adults in the criminal justice system.

If you or someone you know has been charged with a North Carolina crime in Forsyth County or one of the surrounding counties, you need to speak with an experienced Winston-Salem criminal defense attorney to represent you.  A Winston-Salem criminal defense attorney, with experience in North Carolina law, will guide you through this process to make sure that all of your rights are being protected.  If have been charged with a  crime in North Carolina, please call us at (336) 725-6559 and schedule a free consultation with a Winston-Salem criminal defense lawyer to assist you.  Our office which is located for your convenience in downtown Winston-Salem, North Carolina.

Possible Change to Carrying a Concealed Weapon in North Carolina

Under current North Carolina (N.C.G.S. 14-269), it is a class 2 misdmeanor to carry a conceal gun without possessing a concealed carry permit.  A second or subsequent offense, shall result in a Class H felony, which carries a maximum sentence of 39 months in prison.  Currently however, a bill to eliminate this concealed carry permit requirement has passed through the North Carolina State House, and this bill is now being considered in the North Carolina State Senate.

If you or someone you know has been charged with Carrying a Concealed Weapon or some other North Carolina crime in Forsyth County or one of the surrounding counties, you need to speak with an experienced Winston-Salem criminal defense attorney to represent you.  A Winston-Salem criminal defense attorney, with experience in North Carolina law, will guide you through this process to make sure that all of your rights are being protected.  If have been charged with a  crime in North Carolina, please call us at (336) 725-6559 and schedule a free consultation with an experienced Winston-Salem criminal defense lawyer to assist you.  Our office which is located for your convenience in downtown Winston-Salem, North Carolina.

“My charge was expunged from my criminal record. How do I fill out my job application?”

North Carolina expunction laws are some of the most confusing laws with respect to what charges are actually eligible to be expunged.  Depending on the disposition of your criminal charge, you may be eligible to apply for an expunction and have this charge removed permanently from your criminal record.  Often, when you apply for a job  or fill out some other type of application, a background check is performed  to verify whether you have any prior criminal convictions.  If you are eligible for an expunction,  and your expunction petition has been signed by a judge, your charge will not appear as part of your criminal background check.

In addition, North Carolina law (N.C.G.S. 15A-153) then permits the person who received the expunction  to “omit reference to the charges or convictions to potential employers and others.”  As a result, once the order of expunction has been entered, you are not guilty of perjury or making a false statement for not disclosing  any expunged charge, conviction, or arrest.

If you or someone you know is seeking the expunction of a North Carolina crime in Forsyth County or one of the surrounding counties, you need to speak with an experienced Winston-Salem criminal defense attorney to represent you.  A Winston-Salem criminal defense attorney, with experience in North Carolina expunction law, will guide you through this process to make sure that all of your rights are being protected and asserted.  If have been charged with a  crime in North Carolina and you want to determine whether you are eligible for an expunction in North Carolina, please call us at (336) 725-6559 and schedule a free consultation with a Winston-Salem criminal defense lawyer to assist you.  Our office which is located for your convenience in downtown Winston-Salem, North Carolina.

“My license is suspended for a missed court date for a speeding ticket. Can I get a limited privilege?”

If your license is suspended for either a missed court (Failure to Appear) or not paying a fine (Failure to Comply), you must resolve these issues in order to obtain a license.  Limited privileges are generally available for people whose licenses have been suspended due to a some convictions for Driving While Impaired, a conviction for certain “high speed” cases, and some other limited convictions.

If the suspension is the result of not appearing in court or not paying the the fines, costs, or fees associated with a traffic ticket, that type of suspension is an indefinite suspension, which means that the suspension has not been establish for a certain or designated period of time.

When an indefinite suspension has occurred, you need an experienced Winston-Salem traffic attorney to review your DMV driving record to determine the best route for assisting you with resolving these issues which are causing the suspension.

Therefore, if you want to get your license back or obtain your license for the first time, please call us today at (336) 725-6559 for a free consultation.  Our office is located in downtown Winston-Salem, but in addition to handling traffic tickets in Forsyth County, we also handle North Carolina traffic tickets in the following counties:  Davie, Davidson, Guilford, and Yadkin.

Former Carolina Panthers Player Arrested for Possession of Cocaine

Free-agent Greg Hardy, who most recently played for the Dallas Cowboys was arrested in Dallas on Monday for felony possession of cocaine.  According to the police, Hardy’s vehicle was searched after he was stopped for a traffic violation.  Prior to his stint with the Cowboys, Hardy played five years for the Carolina Panthers.

Hardy was charged in Texas, and therefore, he faces a maximum sentence of 2 years.  If he had been charged in North Carolina, felony possession of cocaine is a Class I felony, with a minimum sentencing range of probation up to a maximum active sentence of 15 months.  In North Carolina, defendants who are convicted of a felony are sentenced according to structured sentencing, whereby judges are able to sentence defendants within certain limits, and a defendant’s sentence is dependent upon the defendant’s prior criminal record as well as the type of felony.

If you are charged with felony possession of cocaine or some other North Carolina crime, you need an experienced North Carolina criminal law attorney.  Depending on your prior record and the facts and circumstances of your case, you have a lot of options with respect to how your case is resolved.  Please call us today for a free consultation at (336) 725-6559 in our office which is located in downtown Winston-Salem, North Carolina.  In addition to Forsyth County, we also handle cases in the counties of Davidson, Davie, Guilford, Stokes, Surry, and Yadkin.

 

NFL Player Sued by Police Officers

On February 7, 2016, Buffalo Bills running back LeSean McCoy was arrested for his alleged involvement in fight at a bar in Philadelphia along with three of his friends.  However, neither McCoy nor any of his friends were charged with assault because the prosecutors were ultimately unable to determine who initiated the fight. Two off-duty police officers were injured during the fight, and they are now suing McCoy for his alleged involvement as well as the bar.  While McCoy is being sued for allegedly causing “serious and permanent injuries”, the bar is being sued for not providing adequate security as well as continuing to serve McCoy and his friends alcohol after they were already intoxicated.

Although this incident involved an alleged fight at a bar in Pennsylvania, many states have “dram shop” laws which impose liability on the owners of bars and people who serve alcoholic drinks.  This liability arises when someone is injured as a result of an accident caused by an intoxicated person, and the bar owner, bartender, or server continue providing alcohol to the intoxicated person.   The most common example occurs when someone becomes intoxicated at a bar and then causes a car accident, which leads to personal injury or wrongful death.

If you are injured as the result of someone else’s negligent, and you need an experienced personal injury attorney in Winston-Salem, Forsyth County, North Carolina or one of our surrounding counties, please call The Law Offices of Frederick B. Adams, P.C.  today for a free consultation.  In addition to personal injury cases in North Carolina, we also handle Driving While Impaired, traffic/speeding tickets, criminal offenses, and wrongful death cases.  Call us today at (336) 725-6559 for a free consultation.

 

 

“I missed my court date.”

“I missed my court date, and now I have an order for arrest.  What can I do?”

It depends on the type of charge and the courtroom where the charge was scheduled to be heard.  For many minor traffic offenses, the DMV will be notified, which means that you will have to reschedule your case and resolve it within a certain time limit to avoid the suspension of your license as well as the fines, costs, and/or late fees.

If you miss a court date for a criminal charge or a serious traffic offense such as Driving While Impaired or Driving While License Revoked, it is not uncommon that an order for your arrest will be issued.  If an order for arrest is issued, this situation may be addressed in a couple of ways.

One option would be to report to the magistrate and have the warrant served.  As a result, however, you will likely have to post bond.  In the event that you are unable to post bond, you would have to remain in jail until the scheduled court date or until the bond is reduced.  Another option, however, is to call an experienced North Carolina criminal defense attorney.  In many instances, your attorney may be able to have the order for your arrest stricken and a new court date scheduled.

If you have an order for your arrest for a North Carolina crime, you need an experienced North Carolina criminal law attorney. Depending on your prior record and the facts and circumstances of your case, you have a lot of options with respect to how your case is resolved.  Please call us today for a free consultation at (336) 725-6559 in our office which is located in downtown Winston-Salem, North Carolina.  In addition to Forsyth County, we also handle cases in the counties of Davidson, Davie, Guilford, Stokes, Surry, and Yadkin.

 

Probation Violations

Remember Ethan Couch? He was driving drunk when he was 16 years old and killed four people. However, instead of going to jail, he was placed on probation after his attorneys successfully argued that he suffered from affluenza. Essentially, his lawyers claimed that he was unable to understand the consequences of his actions because of his financial status and/or privilege.
 
He later fled to Mexico and violated his probation, and his case was subsequently transferred to adult court.  Although Couch’s case happened in Texas, probation violation cases have a lot of similarities regardless of the state where the violation occurs.  For example, once a defendant is placed on probation, all of the terms and conditions of that probation must be followed in order to avoid having the probation revoked and the sentence or judgment activated.  Sometimes, even if a violation is found, additional terms and conditions may be added or the probation period may be extended to allow additional time to complete the terms and conditions that were previously ordered.
If you are charged with a North Carolina probation violation in Forsyth County or one of the surrounding counties, you need to speak with an experienced Winston-Salem criminal lawyer to represent you.  Please call us at (336) 725-6559 and schedule a free consultation in office which is located in downtown Winston-Salem.

Officer’s False Testimony Leads to More than 100 DWI Dismissals

Last week, the Wake County District Attorney’s Office dismissed a total of 175 cases, including 104 DWI cases, after the investigating officer gave false testimony in at least three prior cases. Now, the video has been released for one of those cases, and the video clearly contradicted the officer’s testimony. In court, the officer testified that the suspect refused to take the breathalyzer test, that she did not ask for a witness to be present, and that she did not try to call anyone to ask them to be a witness.  All of these statements were false statements.

Always remember that whenever you are charged with Driving While Impaired in North Carolina, you are presumed to be not guilty, and the State has the burden of proof to prove that you are guilty.  Your rights for any DWI case include, but are not limited to the following:

1. You have the right to either take or refuse a breathalyzer test.
2. You also have the right to call a witness and have that witness present to watch you take the test.

A conviction for Driving While Impaired in North Carolina carries serious penalties and consequences.  If you are charged with Driving While Impaired in Forsyth County or one of the surrounding counties, please call our office at (336) 725-6559 to speak with an experienced and aggressive Winston-Salem DWI attorney.