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By Elspeth Crawford Statutes of limitations are laws that set deadlines after which a lawsuit based on specified crimes may not be filed. The point of statutes of limitations is to guard against the corruption of evidence, the decay of memory, and to encourage potential plaintiffs to resolve issues in the courts as quickly and efficiently as possible. Tolling of the Statute of Limitations and Statutes of Repose. Statutes of limitations do not necessarily begin to run directly after the crime in question occurs. There are certain circumstances under which the statute of limitations is tolled until the happening of a later event. These include:
Note, however, that in addition to statutes of limitations some crimes are also governed by statutes of repose, laws which impose cut-off dates much in the manner of statutes of limitations but which are not affected by the Discovery Rule. In our medical malpractice example above, the statute of repose begins to run when the accident occurred, even if the statute of limitation did not start to run until its discovery. When filing a lawsuit, be sure to consult your attorney concerning statutes of limitations, statutes of repose, and how the two interact with each other. Exceptions. There are a few crimes and situations to which statutes of limitations do not apply. These include:
Sample Statutes of Limitations. The lengths of statutes of limitations differ state-by-state and action-by-action. Here is a list of some common ones with accompanying limitations periods: Negligence for personal injury: 1 to 2 years. Breach of oral contract: 2 to 6 years. Breach of written contract: 3 to 6 years. Fraud or mistake: 3 to 6 years from date of discovery. Property damage: 2 to 10 years. Collection of federal income taxes: 10 years. Copyright infringement: 3 years. If you'd like to speak to an attorney regarding the North Carolina Statute of Limitations, contact Adkins Law. Adkins Law is located in Huntersville, North Carolina and primarily serves Mecklenburg County and the Lake Norman area. If you’ve received a citation, or were arrested and charged with a misdemeanor in Huntersville NC, you may wonder what options you have and what your journey will be like moving forward. A misdemeanor is one of three types of offenses, and carries a penalty more serious than an infraction, but less serious than a felony. The summons or citation will state what the charges against you are, and the scheduled day and time of your initial court appearance. If you know that you would like to contact a Huntersville criminal defense attorney concerning your charges, you probably want to do so before your initial court hearing (also known as an arraignment). By doing so, your Huntersville lawyer can guide you on your plea and possible penalties before you are before the judge. If you wish to represent yourself, you will need to familiarize yourself with the law and proceedings surrounding the offense with which you’ve been charged. If you wish to be represented by a lawyer but cannot afford one, you will be given the opportunity to apply for a court-appointed lawyer at your initial hearing. If you fail to present yourself at your arraignment, you may be charged with an additional offense known as failure to appear. This is a misdemeanor, and if committed, a court will likely issue a warrant for your arrest. On the day of the arraignment, you should arrive to the courthouse at least 15 minutes early and dress conservatively and professionally. You are often required to check in at the clerk’s office. Before your hearing, you are given a legal rights form which explains your rights before your case is called by the judge. Once your case is called, the judge will tell you what the charges are against you and the possible penalties from those offenses. Then the judge will ask if you need court-appointed legal representation, which are only available is jail time is a possible penalty. If you do want a court-appointed lawyer, you will have to fill out a form and answer questions about your finances to make sure you qualify. Next in the hearing, the judge will ask you if you plead guilty or not guilty. If you do not know which to plead, ask the judge to reschedule your initial appearance so you can talk to a lawyer. If you plead not guilty, it will allow you time to talk to a lawyer before your next appearance and requires the prosecution to prove its case. If you plead guilty, you admit that you committed the charges against you, you give up your right to trial, and you give up your right to remain silent. The judge will then decide your sentence. If you pled not guilty, you have the right to a bench or jury trial. If you choose a bench trial you will only be before a judge and he or she will decide if you are guilty. These typically can take place in an hour or so. In a jury trial, the decision of guilty or not guilty is determined by six members of the community and could last a couple of days. Before any trial, a pretrial conference takes place. Either you or your attorney will receive a notice of the date and time. You must attend the pretrial conference, and also have the opportunity to discuss plea bargaining with the prosecution. Any other issues that need to be resolved are done so at this conference. After either a bench trial or jury trial, the judge will decide the sentence. Sometimes the judge will do so the same day as the trial, but sometimes sentencing may be scheduled for a different day. The judge will ask if there is anything you have to say before he or she decides your penalty. For misdemeanors, penalties include jail (usually only up to one year), driver’s license suspension, fines, court costs, community service, probation, and restitution, which is money paid to the victim to cover costs they incurred. Typically the penalty is effective immediately at the time of sentencing. If you can't appear at the scheduled time, contact your Huntersville defense attorney or the court as soon as possible. If the court is contacted ahead of time and if you have a good reason, the court may reschedule your case. The court requires compelling reasons before it excuses a failure to appear. The Standardized Field Sobriety Testing (SFST) battery consists of three tests: (1) Horizontal Gaze Nystagmus (HGN), (2) Walk and Turn (WAT), and (3) One Leg Stand (OLS). These tests help the officer to determine impairment and establish probable cause for arrest. HORIZONTAL GAZE NYSTAGMUS (HGN) Horizontal Gaze Nystagmus (HGN) is an involuntary jerking of the eye, which is exaggerated when a person is under the influence of alcohol. During the HGN test, the officer will observe the eyes of a suspect as they follow a stimulus (such as a pen or small flashlight) held 12 to 15 inches in front of them. As the stimulus is moved horizontally, the officer looks for three indicators of impairment in each eye. The officer looks to see if (1) the eye cannot follow a moving object smoothly, (2) if jerking is distinct when the eye is at maximum deviation, and (3) if the angle of onset for the jerking is within 45 degrees of center. There are a total of 6 clues the officer is looking for, 3 in each eye. If the officer detects 4 or more clues, research suggests that there is an 88% chance that the suspect has a BAC of at least 0.08. WALK AND TURN (WAT) The Walk and Turn (WAT) test is a divided attention test, which requires a suspect to listen and follow instructions while performing a physical act. People who are impaired have difficulty performing tasks that require dividing their attention between simple mental and physical exercises. The WAT requires a suspect to take 9 steps, heel-to-toe, along a straight line. After taking the steps, the suspect must turn around on one foot and take 9 steps back, heel-to-toe, along the same straight line. The WAT has a total of 8 clues the officer is looking for: (1) Can't keep balance while listening to instructions, (2) Starts too soon, (3) Stops walking to steady self / regain balance, (4) Misses heel-to-toe, (5) Steps off the line, (6) Use arms for balance or raises arms over 6 inches, (7) Improper turn (loses balance, stumbles, or turns in a way other than officer demonstrated), and (8) Incorrect number of steps performed. Research suggests that when a suspect demonstrates 2 or more of the 8 clues, there is a 79% probability that the suspect will have a BAC of at least 0.08. ONE LEG STAND (OLS) The One Leg Stand (OLS) is another divided attention test. The OLS requires the suspect to stand with one foot approximately 6 inches off the ground while counting out loud by thousands. The suspect will not be told how long the test lasts and will be required to continue until requested to put his foot down. The officer will time the suspect for a period of 30 seconds. In the OLS, the officer will look for the following 4 clues of impairment: (1) Sways while balancing, (2) Uses arms to balance or raises arms over 6 inches, (3) Hopping, and (4) Putting their foot down before the 30 second period elapses. If the suspect puts their foot down 3 times, they are unable to perform the test. NHTSA research suggests 83% of suspects who display 2 or more clues have a BAC of at least 0.08. Contact Adkins Law to schedule a free DWI consultation with an DWI lawyer, DUI lawyer, DWI attorney, DUI attorney. Adkins Law is located in Huntersville, North Carolina and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, and Cabarrus County. Drinking and driving is NOT illegal; driving while impaired is. It is almost unavoidable to occasionally have a drink in a social setting and drive home afterwards. Understand, however, that driving while impaired is dangerous and may cause you to lose your license, your job, and your reputation. DO NOT ADMIT TO ANYTHING When you are stopped by the police, often times they will ask you if you have been drinking. Almost everyone tells the officer they have had two drinks. While it is never advisable to outright lie to the police, be careful what you admit to! If you tell the police that you had two drinks, you just admitted to drinking before driving. Try to avoid answering questions such as this if a police officer asks you. Instead, try to change the subject or simply do not answer. You do not have to answer the police! Remember, all you are doing when you tell the officer how much alcohol you have consumed before driving is helping the officer build his case against you. If you really have only had one or two drinks, however, and know you aren't impaired, it is probably advisable to answer the officer. DO NOT TAKE ANY STANDARDIZED FIELD SOBRIETY TESTS (SFSTs) Standardized Field Sobriety Tests (SFSTs) are tests which help an officer determine whether a driver is impaired. These tests do not help you! An officer would not waste his time in administering the tests to you if he did not believe that he could get a potential DWI arrest out of it. When you submit to these tests, unless you really are absolutely sober, all you're doing is providing the police with evidence to use against you in court. Be weary before you submit to any SFSTs, you do not have to submit to them! REQUEST A PRE-ARREST TEST In North Carolina, if you are stopped by the police, you have the right to request a police officer take you to submit to a breath test before you are placed under arrest. This is beneficial because if the officer violates your right to take the pre-arrest test, or doesn't follow procedures concerning the pre-arrest test, you may be able to have your DWI charges dropped. Once you request a pre-arrest test, the police officer is supposed to stop what he is doing and transport you (un-arrested, not in handcuffs) to the nearest breath testing facility. There you will have the option to take a pre-arrest breath test before you are placed under arrest. Realistically, because it is so rarely exercised, very few police officers are familiar with the procedures concerning this right and are more likely to violate your rights. AVOID DRIVING This should be the most obvious piece of advice: if you are too intoxicated to drive, do not drive! If you have any questions as to your sobriety, play it safe and get a ride home with a friend or take a cab. Your life, other people's lives, your liberty, your property, your money, and your privilege to drive is not worth the risk! Be careful, be smart, and make good decisions. Contact Adkins Law to schedule a free DWI consultation with an DWI lawyer, DUI lawyer, DWI attorney, DUI attorney. Adkins Law is located in Huntersville, North Carolina and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area. |
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