More and more people in the State of North Carolina, and across this country, are being charged with criminal offenses which they did not commit and are being overcharged, that is charged with greater or more serious offenses than those which they may have committed. These incorrect charges result from the current trend in our Appellate Courts, of relaxing the Rules of Evidence in order to make it easier for the District Attorney to convict persons charged with crimes, and in the Legislature of the State of North Carolina of the adoption of new laws designed to protect certain classes of persons, such as children or battered wives, which ignore or sidestep Constitutional safeguards in place for generations.
If you are charged with a criminal offense, whether it be a Misdemeanor (a more minor offense) or a Felony (a greater offense), you stand a real risk of being penalized by the payment of fines; the payment of costs of Court; being placed on supervised probation; being placed on intensive probation or electronic house arrest and being incarcerated, that is being ordered to serve actual jail time in the County jail or the State penitentiary.
Prompt investigation of your case and early contact with the investigating officers and the District Attorney are essential in protecting your rights and assuring you a beneficial outcome. You should not speak with any investigating officer, or other person about any charge which has been levied against you, without first obtaining the representation of an experienced attorney. You should retain counsel who has tried cases in the Court in which you are charged; who knows and is familiar with the arresting officers in the jurisdiction and the Court personnel, including the District Attorneys.
Mark Spence and Pat Hudspeth with the law firm Aldridge, Seawell, Spence, & Hudspeth, have been successfully defending persons charged with criminal offenses in the Dare and Currituck County Courts for over 37 years, combined.
When spouses separate, after having been married to one another for a substantial period of time, the emotional distress; the bitterness and confusion; the feeling of abandonment and of being overwhelmed with the situation is excruciating. People often feel that they do not know in what direction to go, and that their life is crumbling around them.
In this situation, you need an attorney who understands and is conversant with a multitude of extremely complex areas of law; final divorce, divorce from bed and board, post-separation support, alimony, equitable distribution, child custody, child support, reimbursement of attorney's fees, Writ's of Possession, temporary restraining orders, domestic violence orders, to name a few.
Only an attorney with significant experience in such cases can properly advise you and properly protect your rights. Decisions with regard to not only what to do, but when to do it, are critical. How will you continue to receive income and pay your bills if you are the dependent spouse? How much should you pay to your spouse for temporary support and/or child support if you are the supporting spouse, pending the resolution of your separation? How do you determine what a fair and equitable division of your marital property will be? Will you have to file suit in the District Court or resolve your differences through a contract, known as a Separation Agreement? Is a Mediated Settlement Conference appropriate? The answer to each of these questions differs in every single case based upon the facts and circumstances of that case.
Mark Spence and Pat Hudspeth with the law firm of Aldridge, Seawell, Spence, & Hudspeth, have been successfully representing separated spouses for 37 years, combined, in the Courts of the First Judicial District. Call us for a consultation.
Will your license be suspended for speeding 72 mph in a 55-mph zone?
Will you receive insurance points for a traffic citation for running a stop sign?
Will your insurance premiums be increased by your insurance company if you are convicted of careless and reckless driving?
Is there a difference between Division of Motor Vehicles "points" and "Insurance points"?
What are the ramifications to you if you receive two speeding convictions within a three-year period?
How can you have your license reinstated by the Division of Motor Vehicles once it has been suspended?
What is "Prayer for Judgment Continued?"
What is a "Moving Violation?"
What is a "Non-Moving Violation?"
Under what circumstances can my insurance company terminate my coverage?
These are just some of the questions that anyone charged with a traffic violation must answer before disposing of the traffic violation. Failure to answer the questions correctly can result in an increase in your insurance premiums; assignment of excessive points against your license and/or against your insurance rating; possible revocation or suspension of your right to drive and the possible assessment of excessive fines and costs of Court.
An experienced attorney will be able to advise you what the appropriate resolution of your traffic citation will be and will be able to negotiate with the District Attorney and/or the arresting officer a resolution of your traffic citation that will have the least effect upon your driver's license, your driving record and your insurance rating.
The ramifications of a conviction for Driving While Impaired in the form of immediate punishment and sanctions, and in the form of inconvenience and expense to the person charged, has increased dramatically over the last several years. In response to public outcry, our Legislature has enacted statute after statute to increase the penalties for DWI, and to prevent persons convicted of DWI from driving on the highways of the State of North Carolina whenever possible. More and more convictions for Driving While Impaired carry mandatory, active jail sentences. Our Appellate Courts and our Legislature have virtually side stepped the Constitution in many instances to make it easier for the District Attorney to obtain convictions.
As an example of increased punishment in recent years, a person convicted of DWI in the year 2000 and afterwards, even if that person has no prior alcohol related offense of any kind, who has a child under the age of 16 in the vehicle with him at the time of the offense, will serve an active jail sentence. This sentence is mandatory and must be imposed by the presiding Judge.
Due to these ramifications and the complexity of the law, a person charged with Driving While Impaired should not attempt to represent him or herself. A person charged with Driving While Impaired in the State of North Carolina should hire experienced Legal Counsel to review the facts, the Court file, the Test Subject and Maintenance Logs for the Intoxometer machine used in their case, and to determine whether there is some alternative to a conviction of DWI which would be available. Avoiding a DWI conviction, if at all possible, is of the utmost importance.
An experienced Attorney will know if the case can be won, or if a negotiated plea can be entered into with the District Attorney's Office to avoid a conviction for Driving While Impaired. An experienced Attorney will also be able to minimize the effects of the DWI if the case cannot be won or negotiated away.
The Attorneys with the Law Firm Aldridge, Seawell, Spence, & Hudspeth, have been successfully handling DWI cases in the Courts of Dare and Currituck County for over 37 years, combined.