North Carolina Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in North Carolina
August 25, 2016 By Charlotte Law Firm
This year will mark the 20th anniversary of the enactment of the Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) of 1996, which fundamentally changed the U.S. immigration system. Signed into law by President Bill Clinton, the new legislation was the product of the newly elected Republican majorities in the House and Senate. As America’s last major immigration reform legislation, it included sweeping revisions of the U.S. immigration system.
August 22, 2016 By Charlotte Law Firm
On Friday, July 29, 2016, the Department of Homeland Security (DHS) published new regulations expanding the “provisional waiver.” Under the new regulations, DHS will now accept applications for the “provisional waiver” from those who have Lawful Permanent Resident (LPR or “green card” holder) spouses or parents.
August 8, 2016 By Lincoln Derr PLLC
What should law enforcement officers do if faced with a “non-criminal” mentally ill man being seized for his own protection, [who is] seated on the ground… hugging a post to ensure his immobility… surrounded by three police officers and two Hospital security guards, [who has] failed to submit to a lawful seizure for only 30 seconds”?
August 8, 2016 By Lincoln Derr PLLC
Since 2013, when the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued its Final Rule implementing revisions to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the potential for business associates to be sanctioned for privacy breaches has been a concern to law firms that regularly handle protected health information (PHI). A recent settlement involving a business associate brings that concern into sharper focus.
July 22, 2016 By Lincoln Derr PLLC
In North Carolina, footage from a law enforcement officer’s body or dashboard cameras is not considered a public record or personnel record according to a recently passed law that goes into effect October 1. North Carolina joins five other states—Florida, Georgia, Illinois, Oregon, and South Carolina— in making this determination.
Utah v. Strieff was a festering [sore] of a decision that will undoubtedly be used by prosecutors all over the country to overcome bad stops when additional evidence is found following an unlawful seizure. It should, however, be read as a narrow decision applying only to cases where the evidence sought to be used is entirely unconnected to the stop.
The right to vote is fundamental for United States Citizens. Voting is the way most people contribute to the ongoing national conversation on what is important to the American people, and in this election cycle, it is more important than ever.
Baseless, anti-immigrant rhetoric may stir certain segments of the voting bloc, but the facts will trump demagoguery. In reality, immigrants are crucially important to America. Immigrants enrich our culture, increase our productive capacity as a nation, and enhance our influence in the world.
The simple truth of the matter is this: Refugees are the most thoroughly vetted class of immigrants in the U.S., and state governors have no legal authority to refuse them. Here’s an overview of the procedure a refugee must undergoes before relocating to the U.S.
Reports of these ICE raids have spread fear throughout immigrant communities. In light of these fears, it is important for immigrants, their families, and advocates to know the facts about these current ICE raids and of what rights immigrants have when ICE comes knocking.
Searching for, viewing and downloading adult pornography is not illegal. But, there is a problem when sexually explicit images of children sneak into group of otherwise legal images during a bulk download. No matter how you receive it, even if accidentally, possession of child pornography is illegal.
The implications that a DWI charge can have on your employment.
Explaining the process of representing oneself in a criminal case, and outlining the risks involved with doing so.
A North Carolina court can terminate the rights of a parent for: Abuse or neglect of the child; Willful abandonment of the child to foster care for more than twelve months;
Knowing your rights as grandparents can be very helpful. Often times during a custody dispute over a child, grandparents are left clueless and unsure of if and how their relationships with their grandchild will be affected.
Sometimes jail just isn’t the answer. To help combat criminal activity in a more effective manner, alternatives to the standard criminal sentencing are being used, namely, drug courts.
Employees who are wrongly accused of theft or who made an innocent mistake that is interpreted as fraud have even more on the line than the businesses themselves.
If you have been truly hurt during a collision due to someone else's negligence, it is extremely necessary to consult with a North Carolina Personal Injury Lawyer. Pierce Law Offices has the useful resources and expertise to assist you and your loved ones throughout this stressful period.
Lawsuit settlement funds allow victims to get money through means like pre-settlement loans with the help of a Dunn accident injury attorney. Get your money quickly.
Eligibility for VA benefits is dependent on factors such as active duty. The determination of this is sometimes complicated, depending on the circumstances.
After a dog attack, you may decide to seek compensation through a personal injury claim. To do this, however, you will need to establish ownership of the dog.
Seatbelts save lives and help to reduce injuries during car accidents. That said, what are the ramifications of not wearing your seatbelt when involved in a car accident where you are not at fault?
Settling a personal injury claim can take anywhere from a few weeks to several months.
Car crashes that result in the total loss of a vehicle will receive a fair market value in Raleigh. To determine what your car is worth, consult the Kelley blue book.
When a doctor hurts a patient, the patient often looks to be awarded medical malpractice compensation. There are many damages available in medical malpractice lawsuit cases. In some cases, these payouts can amount to millions of dollars.
If you are injured, get help from a personal injury attorney in Raleigh, NC. Learn how to find a good attorney and how to hire a lawyer near you.
This Article addresses life insurance claims in North Carolina, and some issues that frequently arise in these claims, including whether the death is accidental, and whether the insured made a misrepresentation in the policy application. Life insurance claims in North Carolina are governed by the policy itself, state statutes, and sometimes federal ERISA laws.
A personal injury attorney may not be required for all accident injury claims. Complex cases or those involving serious injury generally should be handled by a lawyer.
If A Defendant Has Four Or More Prior Larceny Convictions, A Subsequent Larceny Offense Is A Felony.
Veterans’ disability lawyers in Raleigh will explain how your marital status and dependents can impact veterans’ disability benefits. If you have a disability rating of 30 percent or higher, it could lead to additional compensation.
Perhaps the biggest change to motorist in North Carolina was the recent addition to the law commonly known as the “Move Over” law, requiring drivers to move over and slow down to the lane furthest from emergency vehicles. As of October 1, 2012, that law has dramatically expanded.
Talking with Veterans Social Security disability attorneys in Raleigh can help you learn if you qualify for disability benefits through Social Security. You may also be able to receive veterans’ disability benefits. Veterans Social Security disability attorneys in Raleigh can help military service members determine the types of benefits they may qualify to receive. In addition to obtaining veterans’ benefits, some may also receive disability benefits made available through Social Security.
Confused about work injuries? A Workers' Comp attorney may be able to help if your claim was denied. If you have concerns about the way your Workers' Compensation claim is being handled, seek legal counsel. - What is Workers' Compensation? When an employee is injured at work, whether or not the worker was at fault, benefits may be available.
Possible Types of Injuries Suffered at Work - One possible type of injury is that involving the back and/or neck. This can be the result of slipping, tripping or falling. Back and neck injuries may also be a result of lifting and carrying heavy objects, or other causes.
Facing a traffic ticket for reckless driving or speeding can be unsettling. In North Carolina, a particular DUI case captured the attention of national media. It involved a drunk plastic surgeon driving his Mercedes 90 mph in a 45 mph zone and slamming into a car driven by a member of the Carolina Ballet. The accident killed the young woman and the doctor went to jail.
Estate planners often talk about creating the plan that meets the specific needs of the individuals they are advising. They ask what you want and give you choices about how to get what you want. However, let's step back and look at the bigger picture. Estate planning is not only about you. It's also about your family and other loved ones.
Each county in the state of North Carolina has a Child Support Enforcement office or CSE that is tasked with enforcing child support orders. The Division of Social Services of the Department of Health and Human Services also has the authority to enforce child support orders throughout NC.
Child custody laws vary from state to state. In North Carolina, any relative of a child may file a suit asking for custody. The only exception is a biological father who became a father because of raping the mother. Sometimes, families can work together to decide custody arrangements without the help of the court.
In North Carolina, insurance points drastically increase insurance premiums. For this reason, having an attorney defend you in traffic court may save you from costly insurance points. In North Carolina, traffic tickets can be extremely costly, resulting in skyrocketing insurance premiums and sometimes a suspended driver’s license.
Distracted driving and driver negligence is the main culprit behind auto accidents. If drivers were to execute more caution, thousands of lives would be saved every year. Considering the amount of motor vehicles on the road, it’s no surprise that your chances of being involved in a car accident at least once within your lifetime are extremely high.
It can be difficult to understand Social Security disability. To learn more about eligibility requirements, contact a Dunn Social Security disability attorney. Most people don’t give much thought to the possibility of becoming disabled. However, when it does happen and it interferes with your ability to work, you may decide to pursue Social Security disability benefits. Before you begin the process, consult a Social Security attorney in Dunn, North Carolina.
The leading cause of death in young children is accidents. Accidents are preventable and when a negligent adult or other entity is responsible, they may be liable for all damages. According to the Centers for Disease Control and Prevention, more than 9,000 children died from injuries in the United States in 2009.
For many years now, the Occupational safety and Health Administration (OSHA) has played a big role in making sure that the federal program governing workers’ compensation plans is up to par. However, it has paid far less attention to individual state plans – until now. As required by the Occupational Safety and Health Act that was established in 1970, the primary purpose of OSHA is to regulate the operation and effectiveness of state and federal workers’ compensation plans.
A Raleigh Social Security disability attorney can help you with the Social Security disability process of applying and demonstrating need for your benefits. The Social Security disability process can be both frustrating and harrowing, particularly if you have already been rejected and denied benefits in the past. Fortunately, a Social Security disability attorney can help you with:
Dependent Social Security disability benefits can help family members of someone who is disabled. A North Carolina Social Security disability lawyer explains who can qualify. Depending upon your work, there are specific members of your family that may qualify for benefits, which include the following:
A state agency will review your Social Security Disability application. It must meet work and disability standards for benefit approval. If your claim has been denied, talk to a North Carolina Social Security disability lawyer. When you apply for Social Security disability, the primary goal of the Social Security Administration is to determine if you are disabled and unable to work due to the severity of your disabling condition.
Business is booming in the Asheville food truck industry. It took a little while (about a year) for Asheville City Council to approve the downtown vending. But as of Friday, March 2 food truck owners have their own space in downtown Asheville. “The Lot” is what food truck owners are calling the parking lot located next to the bus station at 51 Coxe Ave.
This question comes from a lawsuit filed against Yves Saint Laurent America, Inc. by Christian Louboutin. Louboutin is a French shoe designer who is very well known for his collections of women’s high heel shoes with bright red out soles. Most women are familiar with the red soled shoes, and associate the color with the designer. The red soles have become a status symbol, a sign of luxury and wealth.
When the government has condemned you land this is often referred to as eminent domain. When faced with eminent domain, you should consider obtaining the assistance of a condemnation attorney. Before you choose a condemnation lawyer to represent you, there are some questions that you may want to ask the attorneys you are interviewing:
One of the most contentious issues in North Carolina family law is child support. How child support works in North Carolina is a very common question asked by those who are planning or facing divorce. Child support laws in most states are fairly fixed without taking into account the actual child-related expenses of both spouses.