Randall & Stump, PLLC

Charlottle Law Blog

What should I know about the reason for a DUI stop?

As you are driving home after a night out with the guys, you feel fine. Sure, you had a few drinks but not enough to impact your abilities. You can most certainly get yourself home safely and decide to drive back to the house.

All of a sudden, you see the flashing lights of a police cruiser in your mirror. Your first thought is being upset that you got stopped. You realize that you have been drinking but you are sure that you are fine. The officer doesn't think that you are able to drive home and you are now facing a charge for drunk driving.

Parents of epileptic children face federal prosecution for CBD

As more states legalize marijuana for medicinal and recreational purposes, marijuana users, growers, and retailers are becoming mainstream. Unfortunately, while states have lax laws, the Federal government of the United States still considers marijuana to be a Schedule I substance. This means that those who violate federal marijuana laws by purchasing out of state marijuana, mailing marijuana or marijuana extracts to customers, or transporting marijuana across state lines can still face federal prosecution and steep penalties, even if they are complying with state law.

New Rule Could Increase Transparency in Elder Care

One of the most frightening aspects of putting someone you love into an assisted living care facility or nursing home is the prospect of elder abuse. Families search endlessly in order to find a facility that will not only provide their loved ones with the medical care and assistance that they need, but also the emotional care and love they deserve. Unfortunately, the raw truth about elder abuse can be hidden in the confines of confidential arbitration cases.

Personal Injury - My doctor wants a Letter of Protection, what is that?

Many times in Personal Injury cases, the injured party does not have the funds to cover upfront medical costs while the medical provider expects to be paid at the time medical services are provided.  In these circumstances, a Letter of Protection can be supplied to the medical provider by both the attorney and client, which allows the client to receive medical treatment on credit. 

Federal Criminal Defense - United States Sentencing Guidelines

  In handling any Federal Criminal Defense case, make sure that the attorney you select is educated on the United States Sentencing Guidelines ("USSG").  Unlike State practice, defendants are usually subjected to much more sever and lengthy prison sentences in the federal system and the USSG play a significant role in a defendant's ultimate sentence.

Sexual Abuse - What is a Sex Offense in North Carolina?

Our blog topic today deals with sexual abuse, namely the two types of first degree sex offense under North Carolina Law.  There are two types of First Degree Sex Offenses in North Carolina.  Forcible Sexual offense and Statutory Sexual Offense.  For a person to be found guilty of first degree forcible sexual offense, it must be proven beyond a resonable doubt that, a person engages in a sexual act with another person by force and against the will of the other person, and does any of the following: (1)  Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon. (2)  Inflicts serious personal injury upon the victim or another person. (3)  The person commits the offense aided and abetted by one or more other persons. For a person to be found guilty of first-degree statutory sexual offense it must be proven beyond a resonable doubt that the person engaged in a sexual act with a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim. 

Personal Injury True or False: "Every dog gets a free bite"?

Federal Criminal Defense - Common Law Robbery not a violent felony

Federal Criminal Defense law update.  On May 18, 2016, A significant case was decided regarding North Carolina common law robbery and the application of the ACCA.  The Fourth Circuit Court of Appeals reversed and remanded for sentencing the case of United States v. Gardner.  The Court held that a prior North Carolina State conviction for common law robbery is not a crime of violence and as such Mr. Gardner was not an Armed Career Criminal.

The officer didn't read me my rights?

       If you are arrested for a criminal law violation, most people assume that the police have to read you your rights.  If the arresting officer(s) does not read you your rights, it may or may not have an impact on the outcome of your case.   Whether you are read your rights (i.e. given Miranda warnings) or not only becomes an issue in your case if you were in custody and are interrogated.  

I was in a car accident, what do I do now?

In the world of Personal Injury, we all know car accidents happen every day in North Carolina and if you're involved in one the hope is that the damage is limited to your car.  The most common question we get from friends, family, and folks involved in accidents is "What do I do after getting in a car accident?" The purpose of this blog post is to provide a brief overview of the initial steps to take if you or someone you know is involved in a car accident.

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