Legal Briefs

Debt Collection Agencies’ Lawsuits

The North Carolina debt collection firms buy up bad debts from the banks and credit card companies and goes after the debtors for the amounts owed. Debt collection agencies are now resorting to filing lawsuits against debtors in order to collect the unpaid debts in addition to sending demand letters and making collection calls. Due to the large volume of debts they must collect, debt collection agencies tend to rely on computer software to draft the summons and complaint. The software automates the process, but it often make mistakes that goes unchecked; possibly resulting in lawsuits filed against the wrong…

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The Reliability of Drug-Sniffing Dogs

Jeff Welty – A recent post by Professor Orin Kerr reports on an emerging split of authority on what the state needs to show about the training and experience of a drug-sniffing dog before a dog’s alert will provide probable cause – to search a car, for example, or to support the issuance of a search warrant for a briefcase. Professor Kerr first cites United States v. Ludwig, __ F.3d __, 2011 WL 1533520 (10th Cir. Apr. 22, 2011), which says that it is not necessary to “mount a full-scale statistical inquisition into each dog’s history.” Rather “courts typically rely…

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Felony charges in district court

This paper provides general information regarding how felony cases are handled while it is pending in district court. To ensure the best out come, each case must be individually evaluated to ensure the best outcome. Option 1: Taking chances and playing with fire. A probable cause hearing is not a formal trial on whether or not you are guilty or innocent of the felony crime charged. It is a hearing before a district court judge where the State, by using non-hearsay evidence, has to prove to the judge that the crime charged probably happened and that you are probably responsible….

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I was in court yesterday when I witnessed a man who read a letter of apology to the court. He was charged with the misuse of the 911 system. It was alleged that he called 911 one night while under the influence of alcohol, not to report an emergency, but rather because he knew his buddy was working as the operator that night and he wanted to know if his buddy will join him for a beer. Anything is possible in district court!

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Prayer for judgment continued (PJC)

A PJC can be used to resolve almost any criminal offense, including felonies. PJC allows a court to find that a punishment is not appropriate under the circumstances of a case and therefore avoid punishing a defendant, albeit punishment is warranted. There are 3 types of PJC’s used in the state of North Carolina. They are: (1) temporary PJC; (2) conditional PJC; and (3) unconditional PJC. Temporary PJC: this is a delay in the defendant’s sentencing to give either the State time to gather information on the amount of restitution or the defendant time to pay money or comply with…

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Ex Parte Custody

We have filed numerous ex parte custody complaints on behalf of our clients. The term “ex parte” is a Latin term. An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present and solely based on the verified complaint signed by our client. The other party is not given the opportunity to be present when the complaint is presented to the presiding judge. There must be some exigent circumstance that affects the child’s health and welfare to warrant the entry of an order granting our client immediate physical custody…

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