Call Us: 252-728-1208

RECENT POSTS - north_carolina_felony

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

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.  

CONTINUE READING

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.  

CONTINUE READING

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.  

CONTINUE READING

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.  

CONTINUE READING

Many times criminal cases are resolved by entering a plea bargain rather than by a trial. In the real world there is very little courtroom drama, and the courtroom staff doesn’t roll out the red carpet when the parties arrive. Scenes like that appear only in the movies. But, there are times when a little flair is necessary, and a plea bargain is not appropriate. When that’s the case, a criminal defendant should exercise his right to a trial.  

CONTINUE READING

What Is Structured Sentencing?

  • By James Cummings
  • Feb 17, 2015

Crimes are classified as either felonies or misdemeanors. The difference between the two is largely a question of the severity of punishment imposed. Misdemeanors are punishable by up to one year in jail while felonies carry longer terms of imprisonment. Along with the classification of crimes comes the classification of sentence types. Sentences can be suspended, deferred, or imposed immediately. It is important to know the difference because the way your sentence is imposed determines the amount of freedom you may or may not have if convicted.  

CONTINUE READING

Do I Need To Expunge A Dismissed Case?

  • By James Cummings
  • Feb 17, 2015

A common question about criminal law cases is what can be to seal the record of the case once it gets dismissed? Most people don’t want a criminal record because it can impact their ability to obtain future employment or professional licenses. When possible, criminal defendants will seek to have their criminal records expunged (or sealed) from public view. However, it can be difficult to understand when you need to seek expungement of your case, especially if the case was dismissed. Knowing the difference between a dismissed case and one that is expunged is important because the result of each of these legalities is very different:  

CONTINUE READING

How Is Expert Testimony Allowed In Court?

  • By James Cummings
  • Feb 17, 2015

It is difficult to be convicted of a crime without any evidence. In DWI cases the evidence is most likely the results of field sobriety tests, or perhaps a witness’testimony that you were swerving or driving erratically. The prosecutor will present the evidence to the Court, and the Court then applies the law to the evidence and facts presented when making a determination of guilt or innocence. When the evidence introduced is given by a so-called expert, the process gets complicated. The purpose of using an expert witness is to clarify difficult to understand facts to the jury.  

CONTINUE READING

Being arrested for a crime is an unnerving experience for anyone. That stress level only increases when the age of the offender decreases. Even though some juveniles seem mature for their age, when facing the severe consequences of a criminal conviction a young defendant may have more difficulty facing the court system than an adult. And, just because the defendant is a minor, that does not mean the conviction will not have an impact on their future. While the records of juvenile cases are generally not made public, the effect on your child if convicted of a crime is still significant. For this reason, a solid defense is a must and part of the goal should be towards rehabilitation and repeat behavior.  

CONTINUE READING

Criminal Law Myths

  • By James Cummings
  • Feb 17, 2015

Criminal law is a complex area of law, with as many exceptions to the rules are there are rules. Unfortunately there is no shortage of people with an opinion about the law, and if you are charged with a crime it is important you receive accurate information. The consequences of a criminal conviction range from probation, fines, restitution, community service, and incarceration. These events impact your freedom, your finances, and can damage your reputation or employment.  

CONTINUE READING

Categories