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Check out the latest posts from Cummings & Kennedy's Carteret County law blog.

We protect your rights in eastern North Carolina!

  • By James Cummings
  • Sep 10, 2015

At Cummings and Kennedy we work to protect your rights. If you are facing a criminal charge it is important to remember that a criminal charge does not always equate to a criminal conviction. An experienced criminal defense attorney from our team can help you take steps to protect your rights and freedom.  

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No matter where you are, if you are behaving in a manner that disturbs the peace, you could be facing charges of criminal disorderly conduct. According to North Carolina Code, the following behaviors are considered to fall under the term of disorderly conduct:  

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Drug charges can result in either a misdemeanor or felony conviction. When that happens, the consequences are harsh and long lasting. To avoid irreparable damage to your criminal record, it is critical to put on a solid defense. The facts of your case must be carefully examined and analyzed in order to develop an effective defense strategy. Because no two cases are alike it is important to identify the facts that help you and use them to your advantage. An arrest for a drug related crime is frightening, but skilled criminal defense attorneys help you wade through the confusion and put your best foot forward.  

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The dangers of drinking and driving are well-known. Impaired drivers are less likely to devote their full time and attention to their driving, and as a result an accident can happen. Fighting a DWI can be scary, but with the help of a strategic legal partner, a solid defense can be established. One of the most common defenses is to attack the field sobriety test results. And in a decent number of cases, the results have been found to be invalid. The invalidity of the test hinges on several things, a common theme being that the test result is a “false positive”. Other common areas of error include operator error and equipment malfunction. Any of these things can lead to a test result that is not valid, which provides a strong defense to a DWI charge. But, in today’s technology filled world, a new form of dangerous driving exists: the text and drive scenario.  

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Crimes are committed by persons of all ages, but not everyone charged with a crime should be treated the same. There are varying factors such as mental capacity, the instance of prior offenses, and age which should all be taken into account when claiming a crime has been committed. North Carolina is one of a few states where teens are tried as adults. There is a significant movement to “raise the age”, which would result in youthful offenders being treated as such rather than being subjected to more severe penalties faced by adult defendants.  

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Being unable to drive in today’s culture poses a serious hardship. In eastern North Carolina, most people need to drive to get to work, school, family functions, and other activities. If your license has been suspended, it makes it hard for you to get where you need to go and may leave you at the mercy of relying on friends and family to give you a lift. Your license can be suspended for a number of reasons, and in nearly every case you should aggressively defend your right to drive.  

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Should I Consider Court Ordered Rehab?

  • By James Cummings
  • Feb 18, 2015

State and local authorities are taking a hardline stance on the war against drugs. Prosecuting attorneys are increasingly pushing for the maximum penalties allowed by law, so if you are facing drug charges you must come to Court prepared and with a well-planned defense. Keeping you out of jail is our goal, because we know how difficult it is to keep current on your obligations and responsibilities from behind bars.  

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Good News For First Time Drug Offenders

  • By James Cummings
  • Feb 18, 2015

Criminal charges have a way of getting in your way, and usually at the most inconvenient of times. For example, if you are planning an out of the country trip and need a passport, having a criminal record may impact your ability to obtain a passport. Likewise, some employers have a practice of not hiring people with criminal records, making it difficult to obtain employment and make a living if your record isn’t clean. These are just a few of the reasons you will want to present a determined defense to any criminal charges made against you.  

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How To Defend A DWI In Eastern North Carolina

  • By James Cummings
  • Feb 18, 2015

When you are accused of driving while intoxicated it can be difficult to determine the best defense. This is because each case is different, with its own unique set of facts. The facts of your case may dictate the type of defense you establish, and it is important that put all the information in the hands of a skilled criminal defense attorney. Trusting another with your future is hard to do, but allowing an experienced DWI defense attorney to protect your rights is the first step towards a satisfactory resolution of your case.  

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Some Good News For People On Probation

  • By James Cummings
  • Feb 18, 2015

A good number of criminal cases are resolved by placing the defendant on probation. Being on probation allows you to maintain a greater portion of your freedom, which means you are able to go to work and earn a living. For many, this option is desirable because they have families to support, and probation allows for continued employment. However, probation is serious business and for it to work properly, you have to follow the rules. Failure to abide by the terms of your probation can lead to additional charges against you and possibly jail time.  

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