On behalf of Wood, Rabil & Peake, LLP posted in Traffic Violations on Thursday, May 23, 2013
Everybody knows that sinking feeling when you see the police lights behind your car and you just know it's you that the officer is pulling over. Drivers get pulled over all the time and for many different reasons but different areas and locations may impact a driver's chances of getting a ticket for a traffic violation.
Certain towns in North Carolina hand out substantially more tickets. In the Town of Burgaw, during 2012 officers wrote almost 1,500 traffic tickets. The town only has 3,800 residents. That's more than 1 ticket for every three people. Compare those numbers to towns like Bolton and Navassa whose police departments didn't issue any traffic citations in 2012.
On behalf of Wood, Rabil & Peake, LLP posted in Misdemeanors on Thursday, May 16, 2013
Criminal Law 101 teaches the different classifications of crimes. Certain crimes, particularly misdemeanors, are considered lesser offenses, while felonies are a much more serious charge. In order to defend your rights as a defendant, it is important to understand this distinction and how each classification affects the procedural aspect of a charge and the potential consequences.
Currently, in North Carolina, breaking into a home for the sole purpose of scaring someone is classified as a misdemeanor. The criminal charge carries typical misdemeanor sentences and that means little to no jail time for a person if convicted.
On behalf of Wood, Rabil & Peake, LLP posted in Larceny & Theft on Wednesday, May 8, 2013
Greed can be a strong motivator. People are often looking for a quick and easy way to make money. The desire itself is not illegal but greed may make people blind to the potential illegality and criminal consequences of certain money-making schemes.
A young man in Wilmington, North Carolina was recently arrested for his alleged involvement in a money-making scheme. The 23-year-old faces criminal charges of failing to return rental property, identity theft and obtaining property through false pretenses. Police allege that the man stole identities in order to take out pre-paid credit cards in other individual's names. It is then alleged that he used the cards to rent movies and sell them online instead of returning them.
On behalf of Wood, Rabil & Peake, LLP posted in Drunk Driving on Tuesday, April 30, 2013
The commission of certain crimes is sometimes viewed as inexcusable. Getting behind the wheel of a car after too many drinks, thereby putting the safety of others at risk, may be one of the inexcusable offenses. But it is critical to remember that without following the proper procedures, drunk driving charges might violate the rights of the accused and undermine the justice system. This is why it is so important to ensure that when charges are filed, it is done accurately and not in violation of anyone's rights.
A decision handed down from the Supreme Court recently reflects this goal of upholding the legal rights of citizens and will impact drivers in South Carolina, as well as throughout the United States.
On behalf of Wood, Rabil & Peake, LLP posted in Misdemeanors on Wednesday, April 24, 2013
Teenage vandalism is nothing new. But what may be considered fun and games for young adults can actually lead to very serious criminal charges. The consequences of these charges might come as a shock to the young vandals. On one hand, teenagers should accept responsibility for any damage and consider the event a wake-up call but on the other hand, defendants should mount a strong defense to minimize the repercussions and impact on their future.
Two North Carolina teens, of Winton and Ahoskie, recently succumbed to the pressure to vandalize and they were arrested and charged for damaging railroad property. The two 16-year-olds were released on bond. The misdemeanor charges include larceny, injury to real property (namely the NC-VA Railroad Property) and possession of stolen goods.
On behalf of Wood, Rabil & Peake, LLP posted in Drug Charges on Tuesday, April 16, 2013
Whether or not you believe in rehabilitation efforts or second chances for criminals, it would be a good idea pay attention to the governor's recent budget proposal. Anyone currently facing criminal charges for drug-related offenses should also pay close attention. The governor hopes to reestablish drug treatment courts and his budget proposal asked for $7.2 million to get the same courts up and running that closed not just two years prior due to budget cuts.
The drug courts would create 45 positions over the course of two fiscal years. On the flip side of the proposal, there would be a $3.5 million voluntary reduction in court staff across the state, which could affect many current positions, up to 62. The North Carolina Administrative Office of the Courts (NCAOC) appears to support the proposal but only if the funding for the other judicial branches is met and the new money is put towards court operating costs.
On behalf of Wood, Rabil & Peake, LLP posted in Drug Charges on Friday, April 12, 2013
College is a time for young adults and students to grow and develop many of the life skills and knowledge that determine their careers and secure employment after graduation. Unfortunately, some college students forget these goals for just a second and make a poor decision that could potentially impact the rest of their professional lives. These poor decisions can lead to legal repercussions, like drug or alcohol charges, but as a young student, you should defend your rights against these charges and look out for yourself and your future.
Two students at Appalachian State University are currently facing drug charges after authorities discovered an indoor marijuana-growing set up at their rental home. Both of the students, one male and one female, are 23-years-old and are living as roommates in the home.
On behalf of Wood, Rabil & Peake, LLP posted in Traffic Violations on Thursday, April 4, 2013
Ignorance of the law is not an excuse. That's why North Carolina drivers should pay attention to a bill that was recently introduced in the state's legislature. The legislation would make license revocation the punishment for drivers who illegally drive by stopped school busses.
The bill is title the North Carolina School Bus Safety Act. The bill would heighten the fines for drivers who pass the stopped school busses and repeat offenses would be subject to losing their drivers license. Drivers who hit someone while passing a bus could also lose their license.
On behalf of Wood, Rabil & Peake, LLP posted in Larceny & Theft on Wednesday, March 27, 2013
Stealing is wrong and illegal. This is a straightforward concept but different situations and relationships create some grey area when it comes to theft and larceny. Larceny is a separate crime in North Carolina and four elements must be met for a defendant to be convicted of the criminal charge.
Larceny requires an unlawful taking and carrying away of taking of someone else's property. The taking and carrying away must be done without the property owner's consent and the taker must have the intent to permanently take the property. Each of these elements must be separately proven in order to secure a conviction.
On behalf of Wood, Rabil & Peake, LLP posted in Drunk Driving on Thursday, March 21, 2013
Drunk driving laws are strict, and rightfully so. Keeping impaired drivers off the road is of utmost importance to the overall safety of the roadways. But every driver charged with a DUI or DWI is innocent until proven guilty, no matter how quickly society wants to judge.
A recent case out of Forsyth County, North Carolina highlights the importance of maintaining this integrity of the justice system, even after a conviction. A woman from Forsyth County was convicted of DWI following a bench trial. At her trial, a Winston-Salem police officer was found to be sending texts from his phone while on the witness stand. This small, but important, fact afforded the woman to get her conviction set aside.
