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Statesville Legal Blog

A Statesville man faces many charges after a police chase

A 23-year-old Statesville resident was arrested and charged with multiple crimes after leading police on a high-speed chase through Iredell and into Rowan County on July 16.

Calls from concerned residents first started flooding into police dispatch earlier in the day on July 16. The callers all reported having seen a suspicious vehicle along Elwood Road here in Statesville.

Do you have concerns about a potential arrest?

You may have a loved one who is on the brink of facing criminal legal trouble, or you may be under investigation yourself. Whichever the case, you want to gain information on the possibility of authorities making an arrest and what it could mean for you or your loved one.

Wanting to obtain this information ahead of time is a wise step, especially if you worry that evidence is gathering against you. Understanding the steps involved in an arrest could help you prepare or allow you to better understand what your loved one is going through.

How accurate are Breathalyzer tests?

Nearly half of all alcohol-related motor vehicle accidents are caused by motorists with a blood alcohol concentration (BAC) of 0.16% or more, which is double North Carolina's 0.08% legal limit. While many of the motorists who cause these crashes are indeed intoxicated, it's possible to end up with a high BAC without consuming much (or even any) alcohol. This may result being wrongly charged with DWI/DUI.

Breathalyzers are designed to pick up evidence of ethanol, a component of alcoholic beverages. They pick up other similarly structured methyl molecules as well, though. This is something that makes up to 80 percent of the compounds found in the human breath. It is not uncommon for Breathalyzers to incorrectly classify these compounds as ethyl alcohol. When this happens, someone may fail their Breathalyzer test.

Child abuse charges aren't always as clear cut as they may seem

If you've been charged with child abuse, then you likely realize that you're facing some serious time in jail if you're convicted. You may be wondering what types of specific offenses can be considered child abuse. Abandonment, neglect, emotional or physical harm, sexual abuse and endangerment all fall under the umbrella of child abuse. Many cases are reported to police by mandated reporters.

In North Carolina, individuals who work as teachers, day care or social workers, therapists, nurses, pastors and doctors are all mandated reporters. They're required to report any cases of suspected child abuse to the appropriate authorities.

Be careful when you enter into a contract here in Statesville

Most people who have been burned by someone that they've entered into a contract with did so because they failed to get their agreement in writing. Others failed to get a contract attorney to review it before they signed it. It's unlikely that any of them had a notary public witness their signatures.

Back in the past, signatures on virtually every contract had to be notarized. If it wasn't, then it was considered to be invalid. Nowadays, only some legal agreements have to be signed in front of a notary public. The ones that most often do are real estate documents such as deeds.

Beware of what may cause you to lose your Medicaid benefits

Many individuals who participate in government programs such as Medicaid rely on the benefits that they receive for their survival. They wouldn't want to do anything that would jeopardize their access to health care or the other benefits they receive. It's important for anyone who receives government benefits to learn what can affect their eligibility for them.

According to the U.S. Department of Health and Human Services (HHS), each state is responsible for determining whether one of their residents is eligible to receive Medicaid. North Carolina and other states take into account what assets you have in order to make this determination.

A conviction for marijuana possession can affect your life

Lawmakers classify drugs based on a schedule system. Those that are the most dangerous or highly addictive controlled substances are assigned lower numbers. Those that can be used for valid medicinal purposes are given higher ones. In North Carolina, marijuana is considered to be a Schedule VI controlled substance.

Anyone who is arrested on suspicion of possession of marijuana in North Carolina will be charged with a misdemeanor provided that they're only found with 1.5 ounces (oz) of the drug.

Different types of crimes and their implications

Facing criminal charges is overwhelming and frightening, especially if you are unsure exactly what you are up against. One of the first steps you will want to take is to learn more about the nature of the charges you face. This will help you know what you need to do to fight back and protect your long-term interests.

An important aspect of your case is whether you are facing a felony or misdemeanor charge. There are important distinctions between these two types of crimes, and they have significant meaning for your defense, the potential penalties you are facing and much more. You will find it helpful to learn as much as you can about the charges so that you can more effectively prepare a strong defense plan.

Beware of North Carolina's many sobriety checkpoints this summer

Just before Memorial Day, various organizations including Mothers Against Drunk Driving (MADD), the North Carolina State Highway Patrol and the North Carolina Wildlife Resources Commission all launched their 9th annual "On the Road, On the Water, Don't Drink and Drive" campaign. It kicks off several months of stepped-up law enforcement across the state. They aim to curb driving while intoxicated (DWI) and driving under the influence (DUI) rates.

Law enforcement officers with these different state agencies were slated to set up their first of many sobriety checkpoints, which started over Memorial Day weekend. They're then expected to also set them up on what have historically been some of the summer's three of the busiest weekends for alcohol-related crashes both on the water and roadways. These weekends include June 28-30, July 5-7 and Aug. 31-Sept. 2.

Not all traffic stops are lawful

North Carolina motorists are often pulled over by police because they run red lights, speed or forget to activate their turn signals. Some of these can also be signs that a motorist is intoxicated from drugs or alcohol. It's possible for someone in Statesville to be stopped for having a broken headlight, expired tags or a potentially hazardous mechanical defect. Not all stops are lawful, however.

If a police officer sees you swerving your car, driving without your headlights on, weaving in and out of traffic, then they may have a reasonable suspicion that you are driving while intoxicated (DWI) or driving under the influence (DUI).

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