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.

NC Man Arrested After Not Returning a VHS Tape

In 2002, James Meyers rented a VHS tape, “Freddy Got Fingered.”  The video rental store, which is no longer in business, alleged that the video was never returned.  As a result, the store filed a charged against him for the misdemeanor of Failure to Return Rental Property.

Meyers was stopped recently for a minor a traffic violation, and he was then informed that he had an outstanding arrest warrant for allegedly not returning the video.  After having the warrant served, Meyers’ court date was scheduled for April 27, 2016.  Due to the age of the case and the fact that the store is no longer in business, I would not be surprised if this case is ultimately dismissed.

If you are charged in North Carolina with a crime such as Failure to Return Rental Property, you need an experienced North Carolina criminal law attorney.  Please call us today for a free consultation with a Winston-Salem criminal law attorney at (336) 725-6559.  Our office is located in downtown Winston-Salem, North Carolina, and in addition to Forsyth County criminal cases, we also handles cases in the counties of Davidson, Davie, Guilford, Stokes, and Yadkin.

Obey the Sign or Pay the Fine

We have been conditioned to think that law enforcement officers will not give us a speeding ticket for traveling 1 to 9 miles per hour over the speed limit. However, according to a new initiative in North Carolina called “Obey the Sign or Pay the Fine”, law enforcement officers will also be paying attention to drivers who are driving even slightly above the limit. 

If you are one of the unfortunate souls who receives a speeding ticket in North Carolina, make sure that you call an experienced Winston-Salem traffic attorney to represent you.  Paying the ticket is the equivalent of pleading guilty, and if you plead guilty to a speeding ticket, you will likely receive points that may affect your insurance.

Therefore, 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.

Woman Charged with Animal Cruelty for Taping a Dog’s Mouth Shut

A  woman is facing a misdemeanor charge of Cruelty to Animals in Wake County District Court for allegedly taping her dog’s mouth shut.  The investigation began after Katharine Lamansky allegedly duct-taped her dog’s mouth and posted the pictures on Facebook.  Animal control officers investigated and  have not taken the dog from Ms. Lamansky after noting that the dog was not injured and was “well cared for.”

In North Carolina, a charge for animal cruelty is a class 1 misdemeanor.  As a result, the maximum punishment is 120 days in jail. If you are charged with animal cruelty or some other North Carolina crime, you need an experienced North Carolina criminal defense attorney.  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.

NC Supreme Court Says No Facebook for Sex Offenders

Sex offenders who are registered in North Carolina are already prohibited from going certain places and doing certain things. The North Carolina Supreme Court recently added another restriction. On Friday, the Court ruled that sex offenders are also prohibited from accessing social media sites such as Facebook.

The obvious question is who is required to register.   Under North Carolina law, any person who has a “reportable conviction” and who resides in North Carolina, moves to North Carolina, or is a nonresident student or nonresident worker in North Carolina must maintain registration.  A “reportable conviction” is  a final conviction for a sex offense against a minor, a sexually violent offense, or an attempt to commit any of those offenses.  Some of the most common offenses include but are not limited to the following:  rape, indecent liberties with a minor, and sexual battery.

If you are charged with a sex offense or with some other crime in Forsyth County, North Carolina, you need an experienced and aggressive North Carolina criminal defense lawyer.  Call our office today, which is located in Winston-Salem, North Carolina at (336) 725-6559 for a free consultation.

 

Jury Selection

Today, the U.S. Supreme Court will hear oral arguments in the case of Foster vs. Chatman. In this case, the central issue to be determined is whether black jurors were improperly excluded due to their race. The Supreme Court has previously held in the case of Batson v. Kentucky that excluding jurors based on their race is unconstitutional. If we’re really serious about reforming the criminal justice system, all aspects of our system have be considered, and jury selection is an important part of the process.

In North Carolina, if you are charged with a misdemeanor, your trial occurs in District Court.  Therefore, in addition to making decisions about evidence and other criminal procedure issues, the presiding judge also serves as the jury and renders a verdict.   If a defendant is found guilty in District Court, the defendant may then appeal that decision within ten (10) days to Superior Court.   In Superior Court, the misdemeanor appeal result in a trial in front of a jury who will then have the duty of rendering a verdict.  If a defendant in North Carolina is charged with a felony, that trial will always take place in Superior Court, and once again with the option of having a jury trial.

Being charged with a crime is a serious matter, and if you go to trial, jury selection is an important part of that process.  If you are charged with a crime in North Carolina, call our office at (336) 725-6559 for a free consultation with an experienced North Carolina criminal defense attorney to discuss all of your rights and options with respect to your case.

“Am I Eligible to Get a Limited Driving Privilege?”

Being able to drive is extremely important. so I understand the problems that may arise when someone does not have a valid North Carolina drivers license.  In North Carolina, your drivers license may be suspended for several reasons.  Some of those reasons include a conviction for Driving While Impaired (DWI), Driving While License Revoked (DWLR), various speeding convictions, or upon a conviction of a moving violation that occurred during a period that your license is suspended.  In addition, your license may be suspended if you miss your court date or if you do not pay your fine, fees, and court costs for a ticket that you have already handled.

In instances involving convictions for DWI, DWLR, certain speeding convictions, or convictions for moving violations while your license was already suspended, you may qualify for a limited driving privilege which will allow you to drive to go to work and for the maintenance of your household (grocery shopping, doctor’s appointments, etc.)  However, what about suspensions that are caused by failures to appear or failures to pay money that is owed to the court?  Are you eligible for a limited driving privilege in those situations?

Under N.C.G.S. 20-20.1 (b)(8), a person is only eligible to apply for a limited driving privilege if “the person has no pending charges for any motor vehicle offense in this or in any other state and has no unpaid motor vehicle fines or penalties in this or in any other state.”   As a result, you are not eligible to apply for a limited driving privilege if you have outstanding tickets or outstanding fines.

Therefore, the best thing that you can do if you want to get your license is to call an experienced North Carolina attorney who regularly handles traffic tickets and speeding tickets in Forsyth County and many of the surrounding counties.  Give me a call today for a free consultation in my office, which is located in downtown Winston-Salem.  I’ll advise you of what steps you need in order to get your license.