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

Legal Troubles During Spring Break

  • By James Cummings
  • Mar 06, 2017


 

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Attorney Spotlight: Sydney Cummings

  • By James Cummings
  • Jul 21, 2015

 

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My Post Got 100 Likes!

  • By James Cummings
  • Feb 18, 2015

Every time a party to a lawsuit has a Facebook photo, tweet, or Instagram picture used against them in a legal proceeding the inventor of the World Wide Web probably rolls over in his grave. The internet is a powerful tool, and is beneficial to employees and students across the globe, but it can also contain information that you’d prefer be kept private. If you are being charged with a crime, it is important to know that the things you post on social media may come back to haunt you.  

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Key Components To Reducing Traffic Charges

  • By James Cummings
  • Feb 18, 2015

Being pulled over and given a ticket is not anybody’s idea of a good day. A traffic ticket can add points to your driving record, and increase your insurance rates. There are ways to avoid these consequences though, and one popular method of keeping the impact of a traffic ticket to a minimum is by seeking a reduction of the charges.  

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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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What Freedoms Do I Lose If I Am On Probation

  • By James Cummings
  • Feb 18, 2015

Knowing what to expect when you are charged with a crime helps you prepare for the future. For example, if you will be required to pay fines and costs, knowing what is included in your total helps you budget your finances in a way that allows you to pay what is due while still meeting your personal obligations. It is also helpful to know what will be expected of you if you agreed to a term of probation, and what might happen if you fail to abide by those terms.  

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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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Nearly every important life event is tied to a timeline. For instance, you are not allowed to drive until you are 16, and the first time you are eligible to vote is at age 18. Having known deadlines helps you keep on track, and ensure you don’t miss important events. In the law, different types of cases have different deadlines. If a party fails to act by a certain time, they are prevented from ever doing so. A perfect example of this rule is found in personal injury cases, where the injured party must file a case for damages within a certain amount of time after the accident, or they are forever barred from bring suit. Criminal law is no different, in some instances.  

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Do I Have To Register As a Sex Offender?

  • By James Cummings
  • Feb 18, 2015

Criminal convictions have serious consequences. The possibility of spending a significant amount of time in jail and the requirement to pay hefty financial penalties are a few of the common concerns for people who are charged with a crime. Other possible ramifications people wonder about include loss of employment, how having a criminal record will impact future loan or job opportunities, and the damage that can be done to your reputation if you are convicted of a crime. The type of charge that might cause the most damage to your good reputation is a sex crime charge.  

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