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

What To Do After An Accident

  • By James Cummings
  • Feb 18, 2015

If you are involved in an auto accident, there are certain procedures that must be followed. Despite the confusion that typically accompanies being involved in an accident, you are still expected to obey the law. First and foremost it is required that you do not leave the scene. If you drive off from the accident, you could face hit and run charges.  

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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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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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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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Sideline Reporter Has Been Sidelined

  • By James Cummings
  • Feb 18, 2015

A DWI arrest is scary and confusing. In the moments just after you are pulled over, your thoughts are consumed with what to do next. You might wonder how much of a fine you will face, or if your job will be in jeopardy as a result of the charges. When the police say you are driving while intoxicated it is important to develop a solid defense to the charges so the things you care about, like your job or right to drive, are protected. Our extensive experience in criminal defense, and DWI defense, gives us valuable insight on how to best fight DWI charges in eastern North Carolina.  

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