by: Jacqueline Keenan Do you feel that you are being threatened?
In North Carolina, it is illegal to try to stop a witness from testifying through threats or intimidation. Intimidation under this law can include threats of bodily harm or violence, cursing, vulgarity, or threatening language given the context of the statements as a whole. These statements can be explicit, like “if you testify I’m going to break your arm,” or can contain language that implies a threat, like “I’ll give you a taste of your own medicine”, or “I’ll make you regret this”. Threats made against a witness are a Class G Felony. In North Carolina, a Class G Felony alone can lead to a sentence of 8-31 months in prison. This is a serious crime! Who is affected by this law? The witness intimidation law protects any person who has been “summoned” or is “acting as a witness”. It punishes any person who threatens, intimidates, attempts to intimidate, or prevents the attendance of a witness from any North Carolina state court. The law also pertains to defendants in a criminal proceeding who threaten a witness in their case with the assertion or denial of parental rights. What to do if you’re being threatened If you are a witness and feel you are being threatened, it is important that you report the threat to the police or an attorney on the case, so they can take appropriate action. If you’re interested in more information about witness intimidation, contact Adkins Law!
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If you are contemplating separation and divorce, and need to speak with an experienced family law attorney, contact Adkins Law. We are located in Huntersville NC, and serve the greater Charlotte NC area. Adkins Law is located in the Lake Norman, Huntersville area, we specialize in Family Law, Estate Planning, and Traffic/DUI. Call us today to set up a consultation.
Do you have the "REAL" ID? The North Carolina DMV has begun to offer a form of identification that satisfies a new federal ID requirement for boarding planes, entering federal buildings, military bases and nuclear facilities. The "real" ID works and looks like a normal driver’s license but has a gold star in the upper right-hand corner. The star indicates that you’ve met the ID standards spelled out in the federal REAL ID Act. To get a REAL ID, an applicant has to provide documents that show who they are, where they were born, where they live and that they have a Social Security number. The documents that meet the requirements to prove these things include: -a birth certificate -a valid U.S. passport or immigration documents -a Social Security card -W-2 form The federal government will begin requiring REAL ID for air travel. It was also be required to access other federal facilities such as military bases beginning on Oct. 1st, 2020. Those without a state-issued ID (with the gold star) would still be able to board a plane. However it would require a driver’s license and another form of identification, such as a passport. Licenses that do not meet the requirements will include the words “Not for Federal Identification.” Make sure the next time you are at the DMV to get your Federal ID.
Adkins Law is located in the Lake Norman and Huntersville area. We specialize in Traffic/ DWI. Call us today if you are in need of legal assistance. A common question that arises is concerning the termination of parental rights. When parental rights are terminated, all legal ties between the parent and child are severed. This cannot be done consensually. A court must find grounds for the termination, and that the termination is in the child’s best interests.
In North Carolina, termination of parental rights proceedings are held in juvenile court before a district court judge. There is no jury. The petitioner (the person attempting to terminate the parental rights) must (1) show that there are grounds for the termination, and (2) that it is in the child’s best interests to terminate the parental rights. The petitioner must show by clear and convincing evidence that grounds for the termination exist, and that the termination is in the child’s best interests. NCGS 7B-1111 sets out several grounds for terminating parental rights in North Carolina. A petitioner needs to prove at least one ground to successfully have a respondent’s parental rights terminated. Some of the ground which justify a termination include abuse, neglect, willful abandonment, the assumption of child custody by one party and the failure to pay child support by the other, a child born out of wedlock with the failure to establish paternity or legitimize the child, the failure to provide proper care and supervision when the child needs specialized care, a conviction of a serious felony such as murder or a sexually related offense. Even upon the petitioner proving one of the grounds justifying termination, a judge must still find that the termination is in the child’s best interests. To that end, an evidentiary hearing must be held with sworn testimony. A parent cannot simply consent to the termination, even if they want to, fail to file a responsive pleading, or fail to appear at the termination hearing. Adkins Law is located in Huntersville, North Carolina and primarily serves Mecklenburg County, and the Lake Norman area. If you want to speak with an experienced family law attorney, please contact Adkins Law to arrange a consultation. Adkins Law is here for you this Valentine's Day. Contact us today to set up a consultation with one of our Family Law Attorney's in the Lake Norman and Huntersville area.
State law has mandated seat belt use by NC drivers for more than 30 years. The seat belt law has changed a lot over time. As a result, not everyone is clear on who is covered, what is required, and what the penalties are for seatbelt violations. 1. Everyone in the car must buckle up! G.S. 20-135.2A(a) requires that every occupant of a motor vehicle manufactured with seat belts must have a seatbelt fastened properly on a persons body when the vehicle is in forward motion on a street or highway. A handful of exceptions apply to the following people and motor vehicles:
2. A motor vehicle may not be stopped for a back-seat passenger’s failure to buckle up! An officer who has reason to believe that a driver or passenger does not have a seat belt properly fastened on his or her body may stop the car to investigate. A law enforcement officer who has reason to believe that there is a rear passenger without a seat belt may not pull the car over. That’s because G.S. 20-135.2A(d1) categorizes the failure to buckle up in the back seat as a secondary violation. A officer who has lawfully stopped a vehicle for another reason and learns in the process of a rear seat belt violation may, of course, give a ticket to the driver for this offense. 3. What is the penalty for front seatbelt violations? The penalty for a seat belt violation has significantly increased since seat belt use was first mandated. Back in 1986, a violation of the seat belt law was punishable by a fine of $25. No court costs were assessed. Today, the penalty for a front-seat occupant’s failure to wear a seat belt is $25.50 plus $154.50 in court costs. That is $180. The costs of a rear seat violation are a lot simpler. That penalty is a flat $10 and no costs may be assessed. If you need an attorney to help you with a Seat Belt Violation please contact Adkins Law today. Our attorney's are located in the Huntersville, Lake Norman area. We specialize in Traffic/ DUI. For all other information regarding a Seat Belt Violation click here. What happens if you were evicted in North Carolina? At this point you have been served with either a summons or a complaint. This means that you as the tenant are being noticed for not paying the rent, you have violated the lease agreement with your landlord. This is where you have a couple options as the tenant. Most of the times a tenant will move out after receiving notices like this. Sometimes a tenant will fight the eviction in court.
If you are wanting to fight an eviction with your current landlord in court. Then you may need to speak with a lawyer in Huntersville, NC. Adkins Law serves the Lake Norman area. NC GS § 42-33 Upon receiving a notice to quit for nonpayment of rent and at any time before a final judgment is rendered, a tenant may pay the rent due in full in addition to any accrued late fees. However, the landlord may not be obligated to accept the payment. North Carolina law allows waiver of the ten-day notice provision if the waiver is conspicuously stated in the lease agreement (this is called a “forfeiture clause”). If an appropriate waiver exists, the landlord may proceed with the eviction even after tender of payment. Adkins Law would be happy to help in this matter. Huntersville lawyers here to represent you. If you need assistance in your eviction case or would like to schedule a free consultation with an eviction attorney in Mecklenburg County, please contact Adkins Law. Adkins Law is If you need assistance in evicting a tenant or would like to schedule a consultation with an eviction attorney in Mecklenburg County, please contact Adkins Law. Adkins Law is located in Huntersville and primarily serves Huntersville, Cornelius, Davidson, Charlotte, and Mecklenburg County. Call (704) 274-5677 to arrange a consultation. Estate Planning is one of the most important yet neglected aspects of personal finance. When dealing with our own mortality, people tend to procrastinate. It isn't very pleasant to think about death and what will happen to our family and our finances after we pass away. Having a basic estate plan, at the minimum, is essential to ensuring that your family is cared for after you are no longer here and your finances are distributed in the way that you desire. This plays a significant role in reducing stress and frustration for your loved ones in the event of your incapacitation or death.
Below are 4 reasons Estate Planning is so important: 1) Prevents your assets from going to Unintended Beneficiaries A main component in estate planning is designating places for your assets. This can be your home or your stocks. Without an estate plan, the courts will decide who gets your assets. This is a process that can take years and can get ugly without a clear plan. 2) Protects your Family and Your Children In order to ensure that your children are taken care of, after your passing. You will want to name their guardians in the event that both parents die before the children turn 18. Without this the courts can step in and make the decision for you. This could potentially determine who raises your child up until they turn 18 years old. 3) Stops your Family from having to Overpay in taxes Estate planning can reduce all of the federal and state estate taxes or the state inheritance tax. Without a plan this can be very costly to your loved ones if you were to pass. 4) Eliminates the mess when you pass By creating a plan this enables you and gives you the opportunity to make a plan for your finances and assets after your passing. By planning in advance it ensures that you have made the right financial decisions for you and your family. If you need to make a plan to protect your family. Adkins Law located in Huntersville, NC can help you. Call today to set up your FREE Estate Planning consultation. The NC Court of Appeals acknowledged that military disability pay cannot be distributed by a court in equitable distribution, It is seen as income that can be considered when the court is looking for a source of payment. In reaching this decision, the court rejected the argument that this rule was changed by the recent decision in Howell v. Howell by the US Supreme Court. Where the Court reiterated that federal law prohibits the distribution of military disability in equitable distribution.
Military Disability Pay Cannot be Distributed in ED The federal Uniformed Services Former Spouses’ Protection Act (USFSPA) authorizes states to treat veterans’ retired pay as property which is divisible upon divorce. Therefore, federal law prohibits the distribution of military disability benefits in equitable distribution proceedings. Military disability pay is the separate property of the veteran. Retirement Can Be Converted to Disability Unless a retired service member qualifies for concurrent pay, a service member cannot receive both disability pay and retirement pay. This means that many service members must waive their retirement pay in order to receive the disability pay. Many disabled service members decide to change their retirement pay to disability pay when they become eligible, because disability pay is not taxed and cannot be distributed in divorce proceedings. A service member can waive retirement for disability at any point after a service member becomes entitled to receive disability pay. If the conversion occurs before a court enters an order for equitable distribution, the court can consider the disability payments as a distributional factor, but the court cannot give dollar-for-dollar “credit” in the distribution to make up for any retirement pay lost because of the conversion. When this conversion occurs, the amount of retirement pay received by the former spouse of the service member generally is reduced. A trial court may not prohibit a service member from converting retirement pay to disability pay in the future. However, North Carolina appellate courts as well as appellate courts in other states have held that federal law does not restrict the ability of a state court to enforce a judgment dividing military retirement pay entered before a service member converted the retirement pay to disability pay. Therefore, amendments to retirement distribution orders made by trial courts to initiate the terms of the court order have been approved. |
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