Randall & Stump, PLLC

August 2017 Archives

Charlotte DWI Checkpoints and DWI Traffic Stops: What should I do if I'm Stopped?

ddddd.jpgWhether you are going through a Charlotte DWI checkpoint or you're being pulled over for a traffic stop, your interaction with law enforcement usually starts the same.  The first words you will hear is the officer asking for your license and/or registration.  When asked to provide documentation, you should most certainly comply with the request.  Once you have done so, the officer, if he suspects you may have been drinking, will ask 1) if you have had anything to drink, 2) where you've been that night, or 3) even where you're on the way to.  While these types of questions may seem routine or harmless, it is important to know that you do not have to (REMEMBER: The right to remain silent) nor should you answer these questions because the officer is attempting to gather evidence to justify him/her asking you to exit the car, continue a DWI investigation, or even worse, building probable cause to arrest you for DWI.  Now when I say you should not answer, I am not, by any means, telling you to become combative or rude with the officer.  As we all know, there is a polite and respectful way to decline offering information that may incriminate you.  Saying something along the lines of "I do not wish to answer any questions" is perfectly fine.  Once you say that, the officer will most likely tell you that it's ok to answer and that you aren't in any trouble.  DO NOT fall for this tactic.  It is all a ploy to get you to drop your guard so that you relax and begin to may voluntary statements, which ultimately be against your own interest and assist the State down the road in securing a conviction, in the event you are arrested.  Keep in mind that something as simple as stating "I had one beer hours ago" is enough to raise the officer's suspicion.  While the officer may become persistent in his/her inquiries, you should also be steadfast in your position of not answering questions designed to incriminate you.

How to recognize signs of nursing home neglect

Having to admit an elderly parent or other loved one to a nursing home is not easy, and one would hope that the facility provides a high standard of care. Sadly, nursing home neglect is prevalent nationwide, including in North Carolina. There are often telltale signs that indicate all is not well, and those are typically red flags that should not be ignored.

Traffic fatalities dip slightly this year, still higher than 2015

Preliminary data for 2017 is in from the National Safety Council, a nonprofit which has been tracking traffic injuries and deaths for nearly a century. There's some good news: During the first half of the year, fatal traffic accidents dropped by 1 percent.

Bond Reductions in Criminal Law

It's 4:00 a.m. and you get a phone call telling you that a loved one has just been arrested.  It's a phone call that no one wants to receive, but people get it every day.  After going to the police station, you find that your loved one is being held on a $250,000 bond.  The most important thing on your mind at this time is not "how do I help my loved one beat this charge."  Instead, you're wondering how to get them out of jail and where you're going to get the money you need to post their bond, which is very common with our criminal law clients.

Criminal Law - Is it Shoplifting or Larceny?

Our office gets criminal law calls regarding shoplifting and larceny cases where people are confused about the difference between Shoplifting and Misdemeanor Larceny. I thought it was important to help people understand the difference between the two and I hope the following will assist you.

New Expungement Law - Are you Eligible?

In August 2017, the North Carolina General Legislature made sweeping changes to the existing expungement laws in North Carolina, which will benefit a substantial number of people who were previously denied the ability to file in the past.The changes made by the legislature become effective on December 1, 2017 and apply only to expungements filed on or after December 1, 2017. 

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