Winston-Salem Legal Issues Blog

Robbery laws in North Carolina

On behalf of Greenwood Law posted in criminal law on Tuesday, June 18, 2019.

In North Carolina, robbery is considered a theft where there is a victim involved. The state puts robbery into three different categories: with a deadly weapon, train, and common law. All of these crimes are felonies. Robbery with a deadly weapon and train robbery are determined by state statute, but common law robbery is generally accepted in courts as someone taking another person's property through the threat of force, intimidation, or actual violence.

Robberies with a dangerous weapon and train robberies are considered Class D felonies. If convicted, punishment for this type of felony for a person with no prior convictions can range from 51 to 64 months. All Class D felony convictions require an active punishment, meaning the defendant must serve a prison sentence. Those who aid and abet the commission of this crime are also subject to these penalties.

Immigration rules protecting children to be curtailed

On behalf of Greenwood Law posted in immigration on Wednesday, June 5, 2019.

North Carolina residents may be aware that President Trump has taken aggressive action to address what he has referred to as a crisis at the nation's southern border. In late May, the White House said in a statement that Trump plans to introduce a series of escalating tariffs on Mexican-made goods because he feels that the efforts being taken by the Mexican government to address the problem are inadequate. The following day, media outlets reported that protections put into place by President Obama to protect migrant children were being curtailed.

Current immigration law allows unaccompanied migrant children to make their cases for asylum before a USCIS officer rather than a judge. If their claims are unsuccessful, they are permitted to make their arguments again in an immigration court. According to immigration officials, these protections will no longer be extended to migrant children who reach the age of 18 while detained by federal authorities and migrant children of any age who are reunited with their legal guardians or parents after being apprehended.

Student debt can affect relationship health

On behalf of Greenwood Law posted in family law on Friday, May 24, 2019.

There are many factors that can threaten the health of a relationship. However, financial issues are often the source of breakups in North Carolina. While many spouses focus on fixing incompatible spending habits, people forget that long-standing debt can also have a negative effect.

According to a survey conducted by Student Loan Hero, college loan debt is especially dangerous for relationships. Roughly one in eight borrowers in the study identified school loans as part of the reason for their divorce. With student loan debt growing, and with the average borrower carrying over $34,000 in school loans, addressing the debt early on can be crucial to the success of the relationship. Carrying so much debt may prevent couples from moving forward with their lives. This could make it difficult for borrowers to plan weddings or save for buying a house.

Trump asylum memorandum likely to prompt a legal challenge

On behalf of Greenwood Law posted in immigration on Wednesday, May 8, 2019.

Media outlets in North Carolina and around the country have devoted a lot of attention in recent months to the ongoing legal challenges to some of President Trump's more controversial immigration policies. Trump has declared the situation on the nation's southern border a national emergency and has issued a flurry of executive orders designed to stem the flow of migrants heading toward the United States from Central America. However, most of his efforts have been rebuffed by the courts.

Analysts and media pundits alike predicted another contentious legal battle on April 29 when Trump signed what is likely to become a much-debated presidential memorandum. In the memorandum, Trump ordered the Department of Justice and the Department of Homeland Security to reduce the time it takes to process asylum claims to 180 days, require those seeking asylum in the U.S. to pay an application fee and deny work permits to asylum hopefuls who crossed into the country illegally.

Police drawing blood in DWI cases

On behalf of Greenwood Law posted in criminal law on Thursday, April 25, 2019.

North Carolina police may be showing up at the scene of traffic stops or car accidents with medically equipped vans and portable phlebotomy tables. An increasing number of police departments are training officers to draw blood from suspects in DWI cases. As more states legalize the use of cannabis - not to mention the threat posed by the opioid crisis - an increasing number of drivers are under the influence of drugs rather than alcohol. While alcohol intoxication can be measured by a simple breath test, there is still no similarly non-invasive way to measure the presence of drugs in the bloodstream.

Police still cannot simply take blood at will from drivers stopped in traffic. However, electronic systems have made it far easier for them to obtain a warrant for a blood draw in suspected DWI cases. In many cases, they can receive a warrant authorizing blood collection within minutes. When the warrant comes in, some areas have special police vans equipped with phlebotomy equipment.

What is credit card fraud, and how can you defend yourself?

On behalf of Greenwood Law on Thursday, April 25, 2019.

Accusations of white collar crimes can be confusing – how much trouble are you really facing? What will happen if a court convicts you of this crime? No matter what you think about the nature of these types of charges, you would be wise to take your case seriously. Any level of white collar crime can lead to repercussions that can change your life.

A common type of white collar crime is credit card fraud. This criminal activity is a form of identity theft, and it involves using another person's information to open credit cards, buy things or obtain some financial gain. If convicted, you could face repercussions that can include time behind bars. It is a serious crime, and it merits a serious defense.

Divorce and spousal support

On behalf of Greenwood Law posted in family law on Thursday, April 11, 2019.

Spousal support, also referred to as alimony, is one of the many issues divorcing couples in North Carolina may have to address, but it often is not until the proceedings are well underway. Generally, a plan has be to in place for how debts and assets are to be divided before determining how much spousal support has to be paid, or if it should be paid at all.

State law governs how much spousal support either party may receive. The calculation depends on a spouse's previous lifestyle, the payer's ability to meet the obligation, the health and ages of both parties, the length of the marriage, and the recipient's needs.

H-4 visa recipients fret over proposed rule change

On behalf of Greenwood Law posted in immigration on Wednesday, March 27, 2019.

In 2015, the Obama administration modified the immigration rules to allow the spouses of H-1B visa holders who are applying for permanent residence to work in the United States. The move proved to be a popular one as 91,000 H-4 visa holders in North Carolina and around the country later filed applications. However, President Trump has been a harsh critic of H-1B visas, which allow employers to hire skilled foreign workers, and he has vowed to scrutinize all aspects of the program.

Trump's position and rhetoric worried H-4 visa holders during the election campaign, and their fears were realized in February when the Department of Homeland Security proposed scrapping the Obama-era rule. The proposal is currently being reviewed by the Office of Management and Budget. If adopted, the DHS proposal would most affect women from China and India where immigration waiting lists are among the longest in the world.

Study reveals alarming rise in youth arrests

On behalf of Greenwood Law posted in criminal law on Monday, March 11, 2019.

Young people in North Carolina and around the country are much more likely to find themselves on the wrong side of the law than older Americans, and arrests early in life often lead to less success in later years. These were the conclusions reached by researchers from the RAND Corporation after studying data gathered over a 26-year period. The study, which was published by the journal Crime and Delinquency, was based on information from the Panel Study of Income Dynamics.

The data revealed that Americans between 26 and 35 are 3.6 times more likely to have been taken into custody by police than individuals older than 66. The lead author of the study put this down largely to more aggressive law enforcement and the criminalization of American youth. Rising arrest and incarceration rates were observed in all demographic groups with particularly sharp increases among white men and women.

How H-1B visa holder spouses may keep employment rights

On behalf of Greenwood Law posted in immigration on Friday, March 1, 2019.

The spouses of H-1B visa holders in North Carolina may be facing the loss of their work permits. A proposal that has been sent to the White House Office of Management and Budget would end the practice of allowing spouses to get employment authorization documents.

The H-1B visa grants employment status to specialized workers, many of whom are from India and in the tech industry. These workers and their spouses might also be waiting for green cards. This wait can take years. One possible solution to the H-1B visa dilemma for some workers could actually result in speeding up the visa processing and extending the amount of time on existing visas for some employees.