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Statesville Legal Blog

The authorities are specifically looking for opioid fraud

Opioid use is often illegal, and some have called the widespread use of these drugs an epidemic.

That said, enforcement can be tricky. These aren't illegal substances all on their own, like cocaine or heroin. If you have a prescription, they are completely percent legal. There are safe ways to use them. Medical professionals are involved.

Standards can lead to construction disputes

You hire a builder to build your dream home. You're very hands-off. After all, this isn't what you do. You let the builder do what he does best and you just wait for the outcome.

When you get there, the house is technically sound. There aren't glaring defects like a leaking roof or electrical systems that don't work.

An assault may just be an attempted battery

You're arrested on assault charges, but you don't think they're fair. You never touched the person. How can it be an assault without any physical contact?

This is a common misconception. The legal term for physical contact is battery. An assault may include contact, but it doesn't have to. It can just include attempted contact or a threat of violence. In some cases, it's looked at as an attempted battery. If the person believed you would injure him or her, you could still be charged, even if you didn't injure anyone.

The score you get on these tests may affect your life and freedom

There's no law in North Carolina saying you can't get together with your friends at your favorite restaurant for a few drinks. Once your evening winds down, however, you may face several decisions, one of which may be whether you will get behind the wheel of a car and drive yourself (and perhaps someone else) home. If you are age 21 or older, you likely already know there are very strict laws regarding drinking alcohol and driving.

That said, just because you imbibed alcohol on your fun night out does not necessarily mean you are guilty of a crime if you drive home. It may be quite disconcerting when police pull you over in a traffic stop. In fact, that's a surefire way to ruin a good time. If an officer thinks you've been drinking, he or she may ask you to perform Standardized Field Sobriety Tests.

Pharmacy manager accused of money laundering and fraud

A 37-year-old woman from North Carolina was working as a pharmacy manager, and she's been accused of using that position to commit fraud. To cover up the income she was earning through that fraud, she has also been accused of money laundering.

The case recently began, and she entered a guilty plea.

What is constructive and actual possession?

You know that being in possession of drugs is illegal. You’ve seen the pat-down scenes on T.V. The cop usually pulls the substance from the person’s pocket. It’s always cut-and-dry on the screen. It seems simple enough. You have to have the substance on your persons to be charged with possession, right? The answer is not as straightforward as you may think.

When it comes to controlled substances, there are two types of possession that people should be aware of:

Can an arrest be made without probable cause?

You're arrested, and you have no idea why. You don't believe that the police had any reason to arrest you, and you think it was illegal.

You may be right. Police typically cannot make an arrest without some type of probable cause. This is granted by the Fourth Amendment, and it means that justification has to be given.

Understanding a living will

When most people think of wills, they think of property distribution. However, that's just one function of one specific type of will. Make sure you don't assume you know what all wills do and therefore overlook other powerful legal tools while doing your estate planning.

For example, you may be interested in a living will. It doesn't pass the home on to the kids or divide up the cash in your bank account. Instead, it focuses on health care and medical assistance.

What is a unilateral contract?

Your traditional contract is technically known as a bilateral contract. It involves a mutual exchange.

For example, you agree to work for a company. You promise to give them 40 hours of work every week. In exchange, they promise to give you a $75,000 salary every year, broken down into two-week payments. You are both promising something of value to the other party and must hold up your end of the deal to keep from breaching that contract.

5 ways to establish probable cause

Police can't make an arrest without probable cause. They cannot simply arrest a private citizen for no reason and then begin digging into his or her background, looking for a crime that justifies it.

In the United States, we often take this principle for granted, but do you really know how police decide they have probable cause? Below are five ways it can be obtained:

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