NBA Player Charged with Reckless Driving

For the second time in ten years, Cleveland Cavaliers guard J.R. Smith has been charged with reckless driving. In 2007, he was also charged with reckless driving, and one of his friends died in that incident. In 2009, Smith pleaded guilty, and as part of his sentence, he was ordered to serve 24 days in jail and to perform 500 hours of community service.  In his most recent charge, Smith has pleaded not guilty.

In North Carolina, reckless driving can also have serious consequences. Although an active sentence is unlikely in most circumstances, this charge is a class 2 misdemeanor which carries a maximum sentence of 60 days in jail. In addition, a conviction for reckless driving will result in four DMV points and a likely increase in your insurance rate.

If you are charged with reckless driving in Winston-Salem, Forsyth County, North Carolina or one of the surrounding counties, you need an experienced North Carolina traffic attorney to handle your case.   An experienced Winston-Salem traffic attorney, with experience in North Carolina traffic law, will guide you through this process to make sure that all of your rights are being protected and that all of your possible defenses are being asserted.  Please call us at (336) 725-6559 and schedule a free consultation with a Winston-Salem traffic lawyer to assist you.  Our office is located for your convenience in downtown Winston-Salem, North Carolina.

Penalty for Unnecessary Roughness: Panthers Fan Charged with Simple Assault

The manner in which the Carolina Panthers lost to the Philadelphia Eagles was ugly.  However, the conduct displayed by one Panthers fan during the game was even worse.  During the game last Thursday, Kyle Maraghy was caught on tape punching another fan.  As a result of that conduct, Maraghy was later arrested and charged with simple assault.

In North Carolina, simple assault is a class 2 misdemeanor.  As a result, the maximum punishment for this crime is an active jail sentence of 60 days in jail.  By comparison, the crime of simple assault carries the same maximum punishment as carrying a concealed weapon, resisting/delaying a public officer, and disorderly conduct.

If you are charged with simple assault in Winston-Salem, Forsyth County, North Carolina or one of the surrounding counties, you need an experienced North Carolina criminal law attorney to handle your case.   An experienced Winston-Salem criminal defense lawyer, with experience in North Carolina criminal law, will guide you through this process to make sure that all of your rights are being protected and that all of your possible defenses are being asserted.  Please call us at (336) 725-6559 and schedule a free consultation with a Winston-Salem criminal attorney to assist you. Our office is located for your convenience in downtown Winston-Salem, North Carolina.

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.