Author: Nick Saparilas

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 Your license has been revoked for failure to appear or for non-payment of (no more than two) previous citations.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”

Tugging at the heartstrings of every parent going through a separation is an innocent child(ren). Protecting these little beings should be first and foremost on everyone’s to do list, but as family & domestic attorneys in Raleigh we unfortunately (and often) see that it’s not. Exposing minor children to the details of your separation agreement is very detrimental and has lasting effects to your child and their development.

Divorce and separation is emotionally draining for everyone involved. The minor children (regardless of age) involved should be protected from any and every detail pertaining to your separation. If you are having a conversation with your friends, parents or your Raleigh separation attorney regarding the details or new comings about the divorce, please make sure that your children aren’t within earshot. Keep them protected. In addition, we often see parents that involve their kids by making comments to them about “what is fair” or “if they really loved you they would (wouldn’t) do this.” Children are innocent beings that have been thrust into the immediate and long-term changes that the separation/divorce will ultimately make in their lives. Most parents wouldn’t intentionally hurt them and cause them scars. Set your own feelings aside and realize that by talking with them or allowing them to overhear your conversations about your divorce is doing just that…causing them injury and giving them scars that will take years to recover from (if they do). Keep them protected. Continue reading “Domestic Family Law Attorney in Raleigh Recommends Shielding Kids from Divorce Details”

During the summer of 2012 the North Carolina State Highway Patrol investigated more than 270 deadly vehicle crashes. Each July 4th, the Governor approved “Booze It & Lose It: Operation Firecracker” campaign is activated in an effort to minimize alcohol related accidents during holiday travel. As a DWI Lawyer in Raleigh, we know that you can expect to see regular patrol and checkpoint activity stepped-up.

Today’s drivers have many more distractions than our preceding generations. Electronics and technology are now prevalent in almost every vehicle on the road. Gone are the days of our grandfathers’ advice to keep your hands in your lap and to quietly look out the window or read a book so the driver can concentrate. There are games being played on every device, music blasting from different areas of the car, telephone conversations contemporaneous with one another and GPS directions being shouted in a voice that always seems to have an odd accent. All of this commotion can make the driver’s job extremely difficult and take him/her away from their task at hand: Driving and doing so defensively. Knowing that almost every vehicle on the road includes these types of distractions is a bit overwhelming. Continue reading “Raleigh DWI Lawyer Gives Advice on Safe Driving”

When you are in need of a criminal lawyer or family lawyer in Raleigh, NC finding the right lawyer can be a daunting task. There are a lot of attorneys in the area and it can be hard to know what to look for if you have never used a lawyer for anything more than a traffic ticket or the purchase of a house. The following tips break it down for you so that the guesswork is gone when choosing the right Raleigh lawyer for your needs.

Continue reading “How to Choose a Criminal or Family Lawyer in Raleigh”