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The COVID-19 Pandemic has all kinds of far-reaching effects that one never would have expected. One unfortunate repercussion is that domestic violence cases are on the rise. Experts attribute the rise in cases to more people being relegated to working from home and spending more time in close proximity. Read on to learn more about both civil and criminal domestic violence cases as Raleigh domestic violence attorney, Nick Saparilas, breaks down what you need to know. Continue reading “Raleigh Domestic Violence Attorney Explains What You Need to Know”

In order to more efficiently dispose traffic violations, the Wake County District Court has announced some changes to existing policies. If you have recently be charged with a traffic violation, you may benefit from some of these changes.

Driving While License Revoked (DWLR) for non-payment of tickets

According to the new policy, the State will dismiss a class 3 misdemeanor DWLR offense that is not the result of impairment if:

1. Your license has been revoked for failure to appear or for non-payment of (no more than two) previous citations.
2. You have no prior convictions of DWLR.
3. Your license has been reinstated.
4. You are genuinely trying to comply.

Continue reading “Change in Traffic Court Policies – (Effective May 14th, 2015)”

Entrusting another with your legal matters, which have the potential to seriously impact your future, can be a daunting task. Who will treat your case with the care and professionalism that they would treat their own? Under the Sixth Amendment of the United States Constitution, you are entitled to a fair and speedy trial. You are also entitled to be defended by a criminal defense lawyer in Raleigh. If you cannot afford representation, the government must provide you with a qualified attorney at the public’s expense. In order to navigate our complex legal system, qualified representation is a must. But, how does one determine the best fit for his or her case with the limited time frame that is often allocated for such? Continue reading “Picking the Right Raleigh Criminal Defense Lawyer for Your Case”

Miranda rights are part of due process as outlined by the the Fifth Amendment.  In 1966 the Supreme Court ruled in Miranda vs. Arizona that due process includes the detained person being informed of his rights prior to questioning. Additionally, the detained person is to be informed of the potential for self-incrimination, should advantage not be taken of said rights. Saparilas Law urges citizens to be aware of the rights that serve to protect them under the constitution. When facing charges, it is the burden of the court to prove, beyond a reasonable doubt, that the defendant is guilty of the charges brought upon him. The statement included in Miranda Rights, “You have the right to remain silent. Anything you say can and will be used against you in the court of law,” is absolute. Statements made up to, during, and after an arrest are used in the court’s argument against defendants.  Continue reading “Miranda Rights”

Separating from a spouse after making a commitment to marriage is difficult enough without court procedures to accompany the turmoil. You may find yourself postponing any legal action because you feel it would disrupt the process of emotional healing. However, becoming educated on the options and support offered by North Carolina may encourage you to progress sooner, rather than later.

Common Law Torts

North Carolina is one of few states to recognize the common law torts of Alienation of Affections and Criminal Conversation. In short, Alienation of Affections allows a spouse to sue a third party for both the interference and alienation of his or her spouse’s affections. If a third party has sex with your spouse within the bounds of North Carolina, one can sue for Criminal Conversation. Continue reading “Do you have questions about Alienation of Affection or Criminal Conversations in North Carolina?”

Moving forward from a divorce, one must consider the implications that future relationships may have on alimony mandated through the settlement of a civil case as such. You may be ready to engage in a relationship, but cohabitation after separation may interfere with the financial agreement set forth by the courts between you and your previous spouse. Therefore, the following should be carefully considered.

What is deemed cohabitation in the eyes of the North Carolina court system?

Cohabitation is when two adults share the same residence continuously and habitually while additionally assuming the marital rights, duties, and obligations that are typically manifested by married people. Continue reading “Alimony and Cohabitation Considerations”

Substance dependence is complex and affects all facets of an individual’s life. An altered state of mind can lead an individual to make decisions that he might not otherwise make. Subsequently, one might find himself in a situation pending conviction or sentencing. Cases involving illegal substance abuse should simultaneously consider the delicate nature of addiction. Some drug cases may even benefit from a psychiatric evaluation of the defendant(s).  Unfortunately, North Carolina General Statutes do not always recognize the interconnected nature of offenses committed relating to or during one’s struggle with intoxicants.  A compassionate Raleigh Drug Offense Lawyer will represent all aspects of the case and the individual as it best befits the client.

Continue reading “Substance Dependence and Drug Related Crimes in Raleigh”

Assault in North Carolina encompasses the common law crimes of assault as well as battery. North Carolina has merged the two crimes together, while many states regard them as separate offenses. An assault is placing the aggrieved party in fear of serious bodily injury or death. A battery is an offensive touching of a person without the consent of that person. There are a number of crimes which include assault in North Carolina. These crimes range from simple assault to inflicting serious bodily injury with a deadly weapon with intent to kill. The law can be very confusing, that is why hiring a proper Raleigh assault lawyer is imperative.

North Carolina misdemeanors fall into four different classes: Class 1A misdemeanors, Class 1 misdemeanors, Class 2 misdemeanors and Class 3 misdemeanors. Class 1A misdemeanors receive the highest degree of punishments while Class 3 misdemeanors receive the lowest degree of punishments. While a guilty charge of simple assault may result in a class 2 misdemeanor, the punishment for a guilty charge of assault with a deadly weapon with intent to kill may result in a class C felony charge. Continue reading “Understanding Assault and Battery Laws in North Carolina”