Insights – Mulligan Attorneys, PLLC

How North Carolina Prenups Work

Thu, 22 Jul 2021 21:29:00 GMT

While prenups might seem like something you only hear about in movies or on TV, they’re very common. It doesn’t matter what age you are or what income bracket you’re in, prenuptial agreements provide a legitimate, legal means of protecting the rights of both parties involved.

If you need help drafting a prenuptial agreement, or if you and your spouse are beginning the process of divorce, the family law and divorce lawyers at Mulligan Attorneys may be able to help. We will always do our best to help you through this difficult time while taking every precaution we can to protect the best interest of you and your family.

What is a Prenup?

Also called a prenuptial or premarital agreement, a prenup is a contract between two individuals who intend to get married. A prenup can list the rights and responsibilities of either partner inside the context of a marriage, as well as outline the distribution of assets in the event of a divorce.

Who Should Get a Prenup?

Prenups aren’t for everyone, nor are they required for a happy, healthy marriage. They are simply a means of determining how certain financial situations should be handled throughout marriage and/or divorce.

You might be a good candidate for a prenuptial agreement if you have a financial situation that you wish to protect or keep separate from your spouse. For example, if you own your own business, a prenup can ensure your business or earnings will not be contested in the event of a divorce.

A prenup can also protect property ownership to ensure that property owned prior to marriage remains separate property throughout the marriage and is not converted to marital property. A prenup is a way to protect these types of assets from the possibility of division in the event the parties divorce.

What Do Prenups Cover?

Prenups are designed to outline the rights and responsibilities of both spouses during a marriage and after divorce. Prenups may include things like:

Distribution of asset after divorce
Protecting the inheritance of child from previous marriages
Outlining each spouse’s right to various types of property, as well as the management of that property (buying, selling, mortgaging, etc.)
Outlining how various types of property will be distributed in the event of separation, divorce, or death
Defining the conditions and situations during which spousal support will be awarded
Providing rights to death benefits from either spouse’s life insurance policies

Prenups should also take the couple’s will into consideration and vice versa.

What Don’t Prenups Cover

There are some limitations regarding what cannot be in a prenup, and they include:

Child custody
Child visitation
Child support

How Do I Know My Prenup Will Be Enforced?

The best way to ensure that your prenuptial agreement is enforced is to have it drawn up by an attorney who is knowledgeable in the North Carolina statutes and laws surrounding these contracts.

Prenups take effect at the time a couple is married and are generally enforced after divorce unless either party can prove that:

They didn’t sign the prenup voluntarily (i.e. they were forced into signing)
The agreement was unfair when it was signed because:
One spouse didn’t fully disclose their financial situation
The defrauded spouse didn’t waive their right to see the other spouse’s financial information
The defrauded spouse could not possibly have had sufficient knowledge of the other spouse’s financial situation

Protecting Yourself with a Prenup

Prenuptial agreements can be difficult for the average person to understand. That’s why it’s always best to have an experienced family lawyer look over it before you sign and agree to something that could affect your future rights. If you need help with a prenup or divorce proceedings, contact Mulligan Attorneys at 910-763-1100.

Small Claims FAQ

Thu, 15 Jul 2021 21:32:00 GMT

Small Claims Court, which is sometimes also called Magistrate’s Court, is just one of the parts of the judicial system here in North Carolina. Small claims courts have no jury. Instead, Judges or Magistrates, who may or may not be attorneys, are in charge of running the court session. Most trials are quick and tend to last less than an hour and both the plaintiff and the defendant can choose to have an attorney represent them, though they aren’t required to.

If you need to settle a disagreement with someone else regarding either money or property worth $10,000 or less, a small claims court is the place to do so. If you have more questions about small claims court or whether it’s right for you, check out some of the following small claims court FAQs. Or, if you need a small claims court lawyer, contact the team at Mulligan Attorneys by calling 910-763-1100.

What kinds of cases can be brought to small claims court?

Some of the most common cases seen in small claims court include:

Unpaid/back rent
Broken/damage property
Damages after a car accident
Breach of contract
Security deposit returns
Unpaid claims
Cost of medical treatment
Other claims worth $10,000 or less

What is the statute of limitations for small claims court cases in North Carolina?

Generally, the statute of limitations is three years. However, this can depend on the specifics of your case. A small claims lawyer can help you understand your case’s unique statute of limitations.

How do I file a small claims case?

You need to start by delivering a complaint and summons to the Office of the Clerk of Superior Court Small Claims Division in the county where the defendant lives. They will also be able to provide you with more information about which complaint form to use, how to fill out the summons, and how to serve the legal papers to the defendant.

How much does it cost to file a small claims case?

As the plaintiff, you must pay a $96 filing fee when you file your initial paperwork. Additionally, it would cost an additional $30 per defendant if you choose to have the sheriff’s department serve the documents, as opposed to mailing them yourself.

Do I have to use the defendant’s full name when filing my claim?

Yes. If you don’t, you may not be able to collect your money in the event you win the case.

How do I collect money if I win my case?

You can either communicate with the defendant directly or file paperwork to request that the court issue an execution.

Can I appeal the decision of a small claims court case?

No.

Do I need to notify the court when a judgment has been paid to me?

Yes. You need to file a Satisfaction of Judgment with the court within 90 days after the judgment has been paid in full.

North Carolina Drug Paraphernalia Laws

Wed, 09 Jun 2021 21:11:00 GMT

Possessing drug paraphernalia in North Carolina is a serious offense that can carry harsh penalties for those who are convicted. Even the most innocent household items can result in a drug paraphernalia charge depending on the circumstances they’re found under.

Fortunately, for someone to be charged with possession of drug paraphernalia, the prosecution must provide proof beyond a reasonable doubt, meaning an experienced drug lawyer may be able to argue in favor of acquittal or dismissal.

What is Drug Paraphernalia?

Paraphernalia is any item used to perform a specific activity. An item can be defined as paraphernalia if it’s being used for the following activities as they relate to illegal drugs:

Production
Consumption
Processing
Growing
Planting
Storage
Concealment
Inhalation
Digestion

In North Carolina, paraphernalia may include, but is not limited to:

Glass pipes
Bongs
Scales
Vials
Baggies
Grinders
Rolling papers
Needles
Spoons
Growing “kits”

How Is Possession of Paraphernalia a Crime?

Many of the things that can be considered paraphernalia are common household items. So how is it they can get you in trouble? When it comes to drug paraphernalia charges, it’s all about the context. It’s not illegal to own a spoon or plastic baggies and diabetics can’t be arrested for their insulin needles. The issues arise when these items are found in the proximity of an illicit drug. In this situation, law enforcement is going to assume that these items are being used in conjunction with the drugs and will most likely arrest the person who possesses them.

Penalties for Drug Paraphernalia Possession in North Carolina

North Carolina puts paraphernalia into two categories: drug paraphernalia and marijuana paraphernalia.

Possession of marijuana paraphernalia is categorized as a Class 3 misdemeanor, which is punishable by a maximum of 20 days in jail. Someone convicted of possession of marijuana paraphernalia may also be required to pay a small fine, the amount of which is up to the court’s discretion.

If the items possessed aren’t related to marijuana, the individual in question will be charged with possession of drug paraphernalia. This charge carries harsher consequences, as it is categorized as a Class 1 misdemeanor, and is punishable by up to 120 days in jail and a fine of up to $200. Additionally, those convicted of possession of drug paraphernalia may be required to attend substance abuse classes, perform community service, and/or submit to random drug testing.

Contact an Experienced Drug Lawyer If you or a loved one have been accused of possession of marijuana or drug paraphernalia, you need to contact an attorney as soon as possible. The team at Mulligan Attorneys can help guide you through this process and fight for your rights. Contact our team today to schedule a free consultation or call us at 910-763-1100.

Playground Safety Tips

Thu, 06 May 2021 14:00:00 GMT

Every year, the last week of April is designated as National Playground Safety Week. This year’s event runs from April 26 to April 30, 2021, and there are a variety of ways you can take part. According to the Centers for Disease Control (CDC), over 200,000 kids under the age of 14 are taken to More

North Carolina Drunk Driving Statistics

Fri, 30 Apr 2021 10:00:00 GMT

During the last 25+ years, North Carolina’s Booze it and Lose it campaign has increased awareness of the dangers of drunk driving, educated citizens on its consequences, and helped to take millions of drunk drivers off our roads. Unfortunately, even with these efforts, over 9,000 North Carolinians have still lost their lives to drunk driving since the program’s inception in 1994.

One of the best ways to create teach people about drunk driving is by raising awareness of the facts about drunk driving . Check out the infographic to learn more about why drunk driving is dangerous and how many lives it changes each year.

North Carolina Motorcycle Laws

Thu, 04 Mar 2021 21:24:00 GMT

Each year, thousands of motorcyclists are injured in North Carolina, and each year, over 100 of these individuals succumb to their injuries. There are plenty of laws and safety requirements in place to prevent these accidents but, unfortunately, they still occur. Below is a brief overview of North Carolina’s motorcycle laws as they pertain to motorcycle drivers.

What is a Motorcycle?

Under North Carolina law, a motorcycle is any vehicle with a saddle and no more than three wheels that are used for transporting a rider. This can include motor scooters and even motor-driven bicycles but does not include things mopeds, which are classified separately.

How to Obtain a Motorcycle License in NC

To be eligible for a motorcycle license in North Carolina, all motorcyclists must first complete the following requirements:

They must pay the required license fee
They must pass a basic vision test as administered by the NCDMV
They must a traffic sign identification exam
They must pass a motorcycle knowledge test
They must pass a motorcycle on-cycle skills test OR provided proof of completion of a North Carolina Motorcycle Safety Education Program Basic Rider Course, and Experienced Rider Course, or any course approved by the commissioner that is consistent with the instruction provided via the Motorcycle Safety Instruction Program (G.S. 115D-72)

Once the individual has taken the steps mentioned above, they can obtain one of the following motorcycle licenses:

A full provisional license with a motorcycle learner’s permit
A standard driver’s license with a motorcycle learner’s permit
A full provisional license with a motorcycle endorsement
A standard driver’s license with a motorcycle endorsement

Motorcycle Laws and Safety Requirements in North Carolina

On top of carrying their license with them whenever they are operating their vehicle, all motorcyclists in North Carolina must carry insurance to the tune of:

A minimum of $30,000 bodily injury/death for a single person for a single accident
A minimum of $60,000 bodily injury/death for multiple people for a single accident
A minimum of $25,000 property damage for a single

Additionally, all motorcycle drivers and their passengers must wear a helmet that meets the following requirements:

A foam liner that is roughly one inch thick
A sticker showing the helmet is DOT compliant
A manufacturer’s label that shows the manufacturer’s name, manufacturing date, model, size, shell type, and list of materials the element is constructed out of
A label with instructions for proper helmet use, care, and cleaning

Finally, to be considered “street legal”, all motorcycles in North Carolina must be equipped with:

A license plate that’s visible from at least 50 feet away at night
A horn
Rear brake lights
Right and left rearview mirrors
A headlight that provides at least 200 feet of visibility in front of the vehicle
Right and left turn signals
A footrest for passengers

Motorcycle accidents can be truly terrifying. If you are ever involved in a motorcycle accident, make sure your first call is to 911 and your second call is to the team at Mulligan Attorneys at 910-763-1100. We can help you take the steps necessary to see to it that your rights are protected and may be able to help you receive compensation for your injuries and damages. Schedule your consultation now by clicking here .

Pros and Cons of Driverless Cars

Thu, 04 Mar 2021 21:17:00 GMT

As humans, we’re always trying to make our lives easier, whether that’s by inventing machines to take over labor-intensive jobs or by creating applications to help us get work done faster. Technology is advancing exponentially faster the longer time goes on, and one of the biggest technological advancements we’ve seen as a result of this is driverless cars.

Unfortunately, there are many safety concerns associated with driverless cars which have the potential to cause legal issues in the event of an accident. That being said, they aren’t exactly widespread yet. So even though there’s no doubt driverless cars will be a prominent part of our future, for now, we can only speculate on their pros and cons, and how they could affect our daily lives.

Advantages of Driverless Cars

There are millions of car accidents each year in the United States and, according to the National Highway Traffic Safety Administration, the vast majority of them are caused by human error. While it’s unrealistic to think a self-driving car would be perfect, the hope is they would help reduce instances of accidents caused by human error.

Some additional pros self-driving cars may offer include:

Reducing the amount of money spent on insurance and healthcare costs by reducing the frequency of car accidents
Providing a more efficient way for those with disabilities to get around
Protecting a driver by pulling over and stopping the car in the event they suffer a medical emergency while driving manually
Saving time by improving the flow of traffic and allowing passengers to get things done while traveling
Reducing things like traffic jams, commute times, congestion, and gas usage
Cutting down on the amount of traffic stops police need to make and allowing them to focus on other crimes
Saving thousands of lives by preventing DWIs

Disadvantages of Driverless Cars

The biggest con associated with driverless cars is that they would cause many people to lose their jobs. Not only would cab companies and rideshares disappear over time, but trucking companies would no longer need to hire drivers to transport goods.

Improved driving would mean police departments would need fewer officers to handle things like traffic and speeding tickets. Finally, since it’s expected that most driverless cars will rely solely on electricity for power, the fossil fuel industry will eventually fizzle out.

Along with lost jobs, there are several other cons of self-driving cars:

Drivers may need to attend special training classes to learn how to operate their autonomous vehicle safely
Vehicles would depend more on GPS for direction and, unfortunately, GPS isn’t 100 percent accurate
Driverless cars will cost substantially more than we’re used to
Within a few decades, people will no longer be able to drive a non-autonomous vehicle
Their dependence on computers may mean autonomous cars are more prone to hackers and other cyber threats
It may take some time for driverless vehicles to handle inclement weather well enough to make them safer than manual vehicles
Widespread adoption would be necessary before there was any substantial reduction in injuries and deaths associated with traffic accidents
Determining fault in an accident would be more difficult, as it may not be clear whether the accident was caused by a vehicle passenger, the manufacturer, or a mechanical failure

While there are some partially autonomous vehicles on the market right now, we don’t have anything that’s fully autonomous just yet. However, pros and cons aside, it’s likely it won’t be long until driverless cars are more commonplace.

In the meantime, if you’re involved in a traffic accident, are charged with a DWI, or need legal assistance with any other kind of traffic violation, the team at Mulligan Attorneys is here to help. Get in touch with us today or give us a call at 910-763-1100 to schedule a free consultation.

How DWIs Affect Car Insurance

Thu, 25 Feb 2021 21:01:00 GMT

North Carolina is notorious for having some of the most strict DWI laws in the country. Although we’re not sure why, we know it has a huge impact on North Carolina residents in their families. DWIs can not only affect your education, career, and family life, but it can also have a significant impact on your ability to get around, especially when you consider just how much a DWI can affect your car insurance.

Car Insurance Rates after a DWI in North Carolina

In North Carolina, a driver will be charged with driving while intoxicated (DWI) if their blood alcohol content (BAC) measures 0.08% or higher. Commercial drivers can be charged with DWI at 0.04% or higher, and there is a zero-tolerance policy for intoxicated drivers under the age of 21.

Getting cost-efficient car insurance after a DWI in North Carolina is not easy. DWIs increase insurance rates far more than any other type of driving violation, including at-fault accidents. This is due, in part, to the North Carolina Safe Driver Incentive Plan (SDIP). Using a point system, the SDIP is designed to help insurance companies determine the cost of your insurance premium based on your driving record.

In North Carolina, a DWI will earn a driver a whopping 12 insurance points, which can cause a drastic increase in insurance costs. On average, North Carolina drivers convicted of DWI can expect to see their insurance premium jump by 300-400%. This translates to an increase between two and three thousand dollars per year.

North Carolina DWI Car Insurance FAQs

Below are some of the questions we are frequently asked about insurance rates as they apply to individuals convicted of driving while intoxicated.

How long do DWIs affect North Carolina car insurance rates?

In general, most insurance companies look at driving records for the past three years when considering whether to insure a driver. However, some companies may consider driving infractions occurring during the past five years. You must also consider that any additional insurance points earned during those three years will continue to affect your insurance premiums.

What’s the difference between a violation date and a conviction date?

For DWIs, the violation date is the date when you received the original citation (which is also typically the day the infraction occurred). By contrast, the conviction date is the day on which you’re ruled guilty by a judge in the NC court system. Insurance companies use the conviction date when calculating increased premiums.

Do I need insurance to get my driver’s license back?

Yes. In North Carolina, you must be able to provide proof of insurance before your license can be reinstated after a DWI conviction.

Will I ever be able to get reasonably priced car insurance again?

In theory, yes. As long as you don’t acquire any more points during the initial three years after your DWI conviction, and refrain from earning large amounts of insurance points in the future, your insurance rates should eventually go back down.

Remember, if you are charged with a DWI, the best first step you can take is to contact the North Carolina DWI lawyers at Mulligan Attorneys. We specialize in DWI charges and trials and are here to help with the after-effects of a DWI charge. Contact our team today to schedule a free consultation at 910-763-1100.

5 Common Causes of Construction Accidents

Thu, 04 Feb 2021 20:00:00 GMT

Hundreds of thousands of North Carolina residents are employed in the construction industry. These jobs aren’t easy, and often involve long hours and difficult physical labor. They also involve a certain degree of risk, since construction accidents, injuries, and even deaths, are not uncommon on job sites.

According to the Occupational Safety and Health Administration (OSHA), around 20 percent of all worker fatalities each year occur in the construction industry . If you were injured while working construction, you may find your employer doesn’t provide the compensation needed to cover things like medical bills and time away from work. Thankfully, the lawyers at Mulligan Attorneys are experienced in navigating workers’ compensation claims and may be able to help you get the benefits you’re entitled to after a construction accident.

Below are some of the most common types of construction accidents and the types of injuries they can cause. If you’ve experienced any of the following injuries while working construction, contact our team at 910-763-1100 for help with worker’s compensation claims.

Falls

A large majority of construction injuries and fatalities are caused by falling, either from the same level or a fall to a lower level. Many construction sites involve working on things like cranes, ladders, or scaffolding, so it’s easy to see how a loss of balance or a slip could result in a serious injury.

Many of these falls can be prevented by using securements like safety harnesses and belay systems. However, without proper safety equipment, falls often result in construction workers suffering broken bones, traumatic brain injuries (TBIs), spinal cord injuries (SCIs), paralysis, and even death.

Falling Objects

Tools and materials tend to be strewn about on construction sites and, just like people, it’s not uncommon for those objects to fall. If an object falls from an upper level and hits a construction worker, they could suffer blunt force trauma, head injuries, brain damage, or death.

By keeping tools and materials neatly organized and safely stored, the chances of an object falling become much smaller. Additionally, all workers and construction site visitors should wear hardhats to minimize the risk of being injured by a falling object.

Equipment Failure

The machinery used on construction sites is high-quality, but that doesn’t mean they can’t malfunction or break. Human error is also a factor that can cause injuries involving heavy machinery. Whenever a tool breaks or a piece of equipment malfunctions, there is always the possibility those in the immediate area could suffer puncture wounds, lacerations, or damage to their extremities.

To reduce the chances of machinery failing, all equipment and tools should be properly cleaned and maintained. Additionally, nobody working on a construction site should operate any piece of machinery without proper training.

Fires and Explosions

Construction sites often contain flammable materials and other hazardous chemicals which, if not handled properly, can result in fires or explosions that can cause severe burns and permanent scarring or disfigurement.

Preventing these types of injuries is easy as long as hazardous materials are properly labeled and stored. Construction workers should also be educated on how to handle hazardous materials and be outfitted with safety equipment like gloves and eye protection.

Crushing Accidents

These types of accidents happen when a construction worker is trapped between two pieces of material, crushed by machinery, or run over by a vehicle. The consequences of these accidents are very severe, often involving internal bleeding or organ damage, if not death.

Construction site managers should train employees to conduct several checks, both verbally and physically, to make sure nobody is in the vicinity of a vehicle or piece of equipment before it is moved.

In addition to the types of accidents mentioned above, collapses, overexertion, respiratory diseases, and eye injuries are also common on construction sites.

Regardless of what type of injury you’ve suffered as a construction worker, it’s always a good idea to consult with one of our Wilmington, NC workers’ compensation lawyers to ensure you’re being treated fairly and are receiving the benefits you’re entitled to. Click here to schedule your free consultation and find out how we can help.

North Carolina Drug Schedules

Tue, 22 Dec 2020 18:45:00 GMT

North Carolina’s drug laws are severe, especially when compared to other states. Whether you are caught possessing, distributing, selling, or manufacturing an illicit drug, you’re likely to face harsh penalties that could have a significant impact on your life.

However, you must remember each case is different. If you or a loved one has been charged with an offense relating to a controlled substance, your first step should be to get in touch with the North Carolina criminal defense lawyers at Mulligan Attorneys . We can go over the specifics of your case with you to determine what the best course of action is to protect your rights.

North Carolina Drug Schedules and Penalties

As with any legal topic, understanding the law is the first step to avoid breaking it. What follows is a breakdown of North Carolina drug schedules as they are described by the North Carolina Controlled Substances Act .

Schedule I Controlled Substances in North Carolina

A Schedule I controlled substance is defined as one which has no accepted medical abuse as well as a high probability of abuse. This includes substances such as LSD, opiates, heroin, ecstasy, and Psilocybin mushrooms, amongst others.

Possession of a Schedule I drug in North Carolina carries a penalty of a Class I felony and 4-5 months in jail. The maximum penalty for possessing a Schedule I drug in North Carolina is a Class I felony, up to five years in prison, and/or a fine.

Schedule II Controlled Substances in North Carolina

Schedule II controlled substances do have an accepted medical use, but a high potential for addiction as well as psychological and physical dependence. Opium, codeine, cocaine, fentanyl, oxycodone, and hydrocodone all fall into the Schedule II category, amongst others.

The first offense for possession of a Schedule II controlled substance in North Carolina is a Class 1 misdemeanor and 45 days in jail. A second offense warrants a Class 1 felony and 4-5 months in jail. Finally, the maximum penalty is up to five years in prison, a Class 1 felony charge, and/or a substantial fine, depending on how much was possessed.

Schedule III Controlled Substances in North Carolina

Drugs with an accepted medical use, but also a low to moderate probability of abuse, fall under the Schedule III category. This includes, but isn’t limited to, things like ketamine, anabolic steroids, testosterone, and certain barbiturates.

First offenders found in possession of a Schedule III drug in North Carolina could face a Class 1 misdemeanor charge and up to 45 days in jail. Second offenders are often charged with a Class 1 felony and 4-5 months in jail. The maximum penalty for possession of a Schedule III drug is a Class 1 felony, a fine, and/or up-to five years in prison, depending on the quantity possessed.

Schedule IV Controlled Substances in North Carolina

Schedule IV drugs are also accepted for medical use and have an even lower potential for abuse and dependency. This may include drugs like Xanax, valium, barbital, Ambien, and tramadol, to name a few.

First offense charges for possession of a schedule IV controlled substance in North Carolina may include a Class 1 misdemeanor charge and up to 45 days in jail and second offenses may include a Class 1 felony and 4-5 months in jail.

The maximum penalty, depending on the quantity of Schedule IV substances being possessed, is a Class 1 felony, a fine, and/or up-to five years of prison time.

Schedule V Controlled Substances in North Carolina

Substances in this category have an even lower potential for abuse, as well as an accepted medicinal application. This category generally includes antidiarrheal, antitussive, and analgesic medications, like Lomotil, Motofen, and certain cough syrups.

A first offender charged with possession of a Schedule V controlled substance in North Carolina is likely to be charged with a Class 2 misdemeanor and face up to 30 days in jail and a second offender will likely be charged with a Class 1 misdemeanor and 45 days in jail. The maximum penalty includes a misdemeanor charge, up to six months in jail, and/or a fine.

Schedule VI Controlled Substances in North Carolina

The last category is Schedule VI controlled substances, containing drugs that have no accepted medical use but an insignificant probability of abuse or dependence, such as marijuana (cannabis) and its derivatives.

A first offense for possession of a Schedule VI drug in North Carolina typically carries a Class 3 misdemeanor charge and up to 10 days in jail. Second offenders may be charged with a Class 2 misdemeanor and up to 30 days in jail.

Finally, the maximum penalty for possessing a Schedule VI controlled substance could involve either misdemeanor or felony charges, fines, and up to five years of jail time, depending on how much of the substance the accused possesses.

Wilmington, North Carolina Criminal Defense Lawyers

Whether you’re accused of a misdemeanor, felony, or another drug-related offense, you can count on the criminal defense team at Mulligan Attorneys to have your best interests in mind. Schedule a free consultation and discover how we may be able to help by calling 910-763-1100.

How to Avoid a DWI This Holiday Season

Tue, 15 Dec 2020 22:07:00 GMT

The period of time between Thanksgiving and New Years Day is a popular one for holiday gatherings. There are plenty of holiday parties, work events, and friends and family to visit with. Unfortunately, this is also a popular time of year for DWIs to occur. Not only are there plenty of opportunities to drink too much, but there are plenty of police officers waiting to catch drunk drivers in the act.

As DWI lawyers, the last thing we want is for you to be charged with a DWI this holiday season. While we may be able to help you if you are accused of a DWI, the best way to avoid being arrested is to refrain from drinking and driving in the first place. These tips are designed to provide practical solutions to help you attend holiday events in a way that’s fun and safe.

1. Get familiar with state laws.

In North Carolina, if a driver over 21 is pulled over with a blood alcohol content (BAC) of .08% or more, (.04% for commercial drivers), they can be charged with DWI. Individuals under 21 can be charged with DWI if their BAC is .01% or higher. In some scenarios, you may be able to be charged with a DWI even if you are not physically driving a car, depending on where the car keys are and whether the vehicle is running or not.

2. Make sure you’re under the legal limit before driving.

There are several breathalyzer products available for the general public to purchase. Most are small enough to fit in your pocket or a purse and can be used to help give you an idea of how much alcohol you’ve already consumed and whether you can legally and safely operate a vehicle.

3. Don’t drink on an empty stomach.

Have a healthy meal before you start drinking and let yourself have a snack or two if you start feeling tipsy. While this is not a guaranteed way to avoid a DWI, food does help your body absorb and digest alcohol, subsequently lowering your BAC.

4. Don’t rely on the “one drink per hour” rule.

Everyone’s body is different, which means the way alcohol is absorbed in the body differs from person to person. What keeps one person’s BAC safely under .08% may not work for you. It is not uncommon for someone to consume one alcoholic beverage per hour, drive, and still be charged with DWI.

5. Mix your own drinks.

Pouring your own drinks gives you complete control over how much alcohol is in each beverage and gives you a much more accurate idea of how much you’ve consumed. If you’ve started feeling like you’ve had too much to drink, switch to water or make yourself a mocktail instead.

6. Throw your own holiday party.

If you’re hosting a gathering at your own home, you’re not only in control of how much and what types of alcohol are consumed, but you won’t have to drive anywhere afterward. Just make sure you either have a plan for helping your loved ones get home safely or are prepared to let them stay with you, if necessary.

7. Attend events with an accountability buddy.

If you’re going to a party, try going with a friend who is also committed to avoiding drinking too much and getting home safely. That way you can encourage each other throughout the evening and hold each other culpable for enjoying the holiday festivities responsibly.

8. Choose a designated driver before the party begins.

To be 100% safe and responsible, someone in your group should avoid drinking any alcohol at all so they can safely and reliably transport you and your friends home. If your designated driver does end up consuming alcohol, you may have to find an alternative means of transportation.

9. Give yourself plenty of transportation options.

If you don’t have a designated driver, there are still plenty of fo ways you can get home safely. For example, you can call a cab or take advantage of a rideshare service. You can also make use of public transportation, if available, or see if a friend or relative would be willing to pick you up. Finally, if all else fails, you can always either ask to stay at the party host’s home or book a hotel within walking distance.

Regardless of where you’re going or who you’re going to be with this holiday season, please drink responsibly and don’t drive drunk. If you are charged with a DWI, the team at Mulligan Attorneys can help. Call us at 910-763-1100 or click here to schedule a free, no-obligation consultation . Stay safe and have a Merry Christmas and Happy New Year!

How a Felony Can Affect Your Career

Tue, 08 Dec 2020 12:00:00 GMT

Being charged with a felony can have a big impact on your life in a variety of ways. Aside from potentially serving jail time, a felony can also affect your relationships with your friends and family, as well as your financial situation. But perhaps the most significant way a felony can impact your life is by affecting your career.

After being convicted of a felony, you may experience some pretty significant difficulties in your work life. For example:

You may immediately lose your job.

It is not uncommon for employers to terminate individuals after being convicted of a crime, especially if it resulted in a felony charge. In some cases, you may only lose your job if your crimes were directly related to your work, but in many cases, that decision is left up to the employer’s discretion. Additionally, you could also lose your job simply because a felony conviction resulted in you having to spend significant time away from your job.

You may have trouble obtaining a degree.

If you are charged with a felony while in college or wish to pursue higher education after a felony conviction, you might find the process to be much more difficult. Many college applications contain a section where applicants must reveal criminal convictions, which could result in your application being rejected.

You also might have trouble obtaining financial aid, either from the government or the college itself, after you’ve been convicted of a felony. Even if you were receiving financial aid when you were charged with a crime, this aid could be suspended or terminated upon your conviction.

Job interviews may be a little awkward.

Most job applications require you to disclose criminal convictions, which typically becomes a discussion should you be asked back for an interview. You should be prepared to explain your situation to your prospective employer. The best way to get through this is to be honest about what happened while expressing a sincere desire to put your mistakes behind you and move forward.

Background checks will show convictions you didn’t disclose.

If an employer does choose to move forward with hiring you, they may conduct a background check. These screenings are used to do a deep dive into your life and determine whether the information you provided on your application is accurate and true.

If you did not disclose your conviction on your application, and it shows up on your background check, your prospective employer may choose not to hire you based on your misrepresentation. This is why it is best to be upfront and honest about your past from the very beginning.

You won’t be able to work in specific fields.

There are several professions that convicted felons simply are not allowed to work in. These restrictions typically depend on the type of felony you were charged with. For example, if you are charged as a sex offender, you won’t be able to work at any job that checks the national sex offender registry before hiring.

If your conviction involved drugs or alcohol, you may not be able to work as a truck driver or in another job that requires driving. Additionally, you may not be able to work as a teacher, medical professional, or under certain unions.

You may lose professional licenses.

Many jobs require employees to carry special licensing or permits. These include, but aren’t limited to, medical professionals, plumbers, electricians, HVAC technicians, lawyers, social workers, architects, contractors, real estate ants, and more. If you are convicted of a felony, you will almost certainly lose your professional license and will be prohibited from holding another one in the future.

Get Help from a Criminal Defense Attorney

A felony charge is not something to ignore. You must get in touch with the criminal defense lawyers at Mulligan Attorneys as soon as possible after you are arrested or charged. An experienced criminal defense attorney may be able to help you plea for a reduced sentence and prevent the charges from affecting your life.

Give us a call to discuss your criminal defense case at 910-763-1100 or click here to schedule your appointment online .

Attorney Spotlight: Christine Farrell

Mon, 26 Oct 2020 14:00:00 GMT

Welcome to our very first edition of the Mulligan Attorneys Spotlight! Every so often, we’ll be interviewing one of our team members so that you can learn a little more about who we are.

We’ll start this series off with one of our attorneys, Christine Farrell.

Christine grew up in southern Indiana, in the Columbus area. Christine graduated from Indiana University with a BA in Psychology and Criminal Studies before attending law school at the DePaul University School of Law in Chicago. She continued to live in the city for nearly 12 years while gaining experience working at the Cabrini Green Legal Aid Clinic in Chicago.

In 2007, Christine and her family moved to Wilmington, NC, and she became licensed to practice law in North Carolina shortly afterward. Christine loves the warm, sunny weather Wilmington has to offer, but she also enjoys the good, old-fashioned Southern hospitality that can be found in the South. Having grown up in the Midwest, Christine says she was used to people being so helpful and neighborly, which is why she was so thrilled to see that people here in Wilmington are as well!

Christine has been interested in law since she would listen to her family’s dinner discussions at a very young age. “My parents instilled a deep sense of the need for social justice to me and my brother,” she explained, “While no one in my family was an attorney, I felt that the law was a place to try to ensure that everyone has the ability to have their voice heard.”

Christine loves to talk and thinks that’s one of the reasons she thinks litigation is a good fit for her. She focuses heavily on family law, which allows her to help people through difficult situations and stressful times and fulfills her desire to help her fellow man.

Christine strongly believes that, even when a family is breaking apart, she can help both sides work together to reach a common goal, especially when the case involves children. At the end of the day, Christine loves knowing that she was instrumental in helping her clients solve an issue or problem.

In addition to helping others, Christine also enjoys that being a lawyer at Mulligan Attorneys means working with some of the best lawyers and staff she’s had the privilege of knowing. “I truly could not do my work without these people surrounding me. There is a great positive energy and everyone truly feels that each client is important and valued,” she said.

Though she loves her job, it’s not without its challenges. Christine says that family law can be stressful because of the extreme highs and lows clients may experience. As an attorney, she says it’s impossible not to feel empathy for the families she works with every day. She also notes that the obvious challenges of being a working parent, and finding a balance between work and home life, can bring some stress to daily life.

Though many friends and family have contributed to helping Christine achieve her career goals, she admits that she takes a lot of inspiration from the clients she worked with at her first job at the Legal Aid Clinic in Cabrini Green, Chicago. “My clients were some of the poorest people in Cook County, but they had a resilient spirit and a strong sense of family that helped form much of who I am as an attorney,” she remarked.

And of course, she couldn’t help but thank her first supervisor who had her step in for her first trial 2 hours after being sworn in as an attorney. Christine says it was his obvious faith in her that gave her the confidence that very, very new attorneys require. Spoiler alert: they won the case!

When she’s not at work, there are few things Christine enjoys more than enjoying the company of her amazing husband, 15-year-old daughter, and 11 year-old-son. She is so grateful that her family is supportive of each other and her career.

Attorney Favorites Lightning Round!

Color: Orange and green
Food: While I love to cook, it always tastes better when someone else makes it, so anything from a restaurant!
Movie: Shawshank Redemption and Rudy. I’ve likely watched both over 10 times.
TV Show: Downton Abbey. I can watch this over and over. I think it is beautifully done.
Game to Play: Uno or Yahtzee with my kids – but they are competitive.
Outdoor Activity: Watching my kids play soccer and basketball.
Band/Singer: They’re not too similar, but I love Crosby, Stills, & Nash and also Guns N Roses. They are on repeat for me.
Animal: My Airedale dog, Yogi, is like one of my children. Once she curls up next to me and snuggles I’m pretty much done for the evening. She won’t let me move.
Thing(s) to Do in Your Spare Time: Our family is really busy with activities, work, and school, so I always appreciate those times each year when we can relax together in the mountains or away from home.

If you’d like to get in touch with Christine regarding a potential family law or DSS case, you can give Mulligan Attorneys a call at 910-763-1100 or click here to schedule a free consultation .

Reasons to Contact Child Protective Services

Tue, 20 Oct 2020 16:00:00 GMT

Child Protective Services (CPS) exists to ensure that all children have a permanent home in which they are safe and can be appropriately nurtured. Their job is to check on children whose situations may be unsafe and remove them from homes in which they are being neglected or abused. CPS works to protect children from all types of abuse or neglect, including mental, physical, emotional, and sexual abuse. They also help protect children who do not have a parent or guardian who can care for them, as well as those who have a parent or guardian that is unable to provide appropriate care.

Contacting CPS is a difficult decision and one that should not be taken lightly. Doing so sets off a chain of events that can take months to run its course. That said, if you ever believe that a child is in danger or is being abused, you have a duty under North Carolina law to report the abuse to CPS. This article will discuss when and why you should contact CPS as well as how to do so.

When to File a Report with Child Protective Services

Before you file a report, it is important to understand the difference between abuse and neglect, as defined by NC family law . Abuse refers to the intentional mistreatment of a child (in any way, shape, or form) whereas neglect refers to a failure to properly care for a child. Regardless of whether it is abuse, neglect, or both, this is an experience no child should have to go through. Children often cannot advocate for themselves which is why, as an adult, it is your responsibility to do so for them.

The following are signs that a child is actively being abused or neglected. If you notice any of these signs, and especially if you notice several at the same time, North Carolina child protection laws require that you contact CPS to file a report.

Signs a Child is Being Physically Abused

Unexplained bruises or marks, particularly in fleshy areas of the body that aren’t easily visible
Self-destructive or self-harming behaviors
Unexplained burns, fractures, or abrasions
The presence of other unexplained injuries, like welts, bite marks, scratches, bald spots, or black eyes
Nervous, hyperactive, aggressive, or disruptive behaviors
Shrinking away from physical contact, especially by adults
Lacking expressed emotion
Fearful of parents or guardians
Coming to school/activities early, staying late, and/or reluctancy to go home
Speaking about injuries inflicted by a parent or guardian

Signs a Child is Being Sexually Abused

Displaying sexual behavior or knowledge that is not appropriate for their age
Exhibiting self-harm in the form of substance abuse, self-mutilation, or dangerous sexual acts
Reverting to child-like behaviors such as bed-wetting or thumb sucking
Disrupted or inconsistent sleep patterns
Bruising, pain, itching, or bleeding in the genital region
Presenting with sexually transmitted diseases, UTIs, or yeast infections
Aggressive behavior
Exhibiting signs of depression

Signs a Child is Being Emotionally Abused

Delayed physical or emotional development
The presence of speech disorders
Unusually passive, antisocial, or dissociated behavior
Unusually aggressive, demanding, or angry behavior
Sudden changes in behavior or school performance
Physical ailments like ulcers, asthma, or allergies
Mental ailments like depression or suicidal thoughts/tendencies
Unusually attention-seeking
Overly compliant/overachieving
Habit disorders, like thumb sucking, rocking, or skin picking

Signs a Child is Being Neglected

Medical needs or injuries that have not been cared for, even after being brought to the parent or guardian’s attention
Reported abandonment by a parent or guardian
Excessive fatigue
Lack of supervision at home
Poor social skills
Excessive hunger
Inappropriate dress and/or hygiene habits
Lice, malnutrition, rashes, etc.
Frequent absences from school
Self-destructive behavior

Signs a Parent or Guardian is Abusive or Neglectful

Show’s little concern for the child’s physical or emotional health
Doesn’t show up to school events or meetings
Doesn’t answer phone calls, messages, or emails from the child’s school
Blames the child for school issues
Uses harsh, physical discipline with the child or encourages others to do so
Expresses sentiments that the child is worthless or burdensome
Demands perfection of the child
Ignores the existence of physical injuries, or provides an unconvincing or limited explanation for injuries
Abuses substances like drugs or alcohol
Has a personal history of being abused or neglected as a child

How to Report Child Abuse in North Carolina

As mentioned above, North Carolina has a mandatory child abuse reporting law that requires anyone who suspects child abuse or neglect to report it to the appropriate authorities. You may report the abuse or neglect anonymously, though you must consider that it may be in the child’s best interest for CPS to be able to contact you.

If you suspect child abuse or neglect is occurring, take the following steps to report it:

File a report with the Department of Social Services in the district where the child resides. You can find your county’s department of social services by clicking here . If you are actively witnessing abuse or neglect that is putting the child in immediate danger, call 9-1-1.
Once you’ve located your nearest department of social services, file a report. This can typically be done either in person, via telephone, in writing, or online.
Provide as much information as possible. The more information you can provide, the better, including your contact information. You should also include things like the child’s address, their name and age, their parents’ names and ages, injuries they may be suffering from, and any other information that could help CPS.

What Happens After You File a Report with Child Protective Services

After you file a report with CPS, assuming you choose not to remain anonymous, they will likely come to interview you. They will also visit the child, their parents, their teachers, and any other individuals who may have information regarding the situation. The more honest information you can provide, the more likely it is the child will be able to be adequately protected. After a report is received, CPS may do any of the following:

Conduct interviews with the child, parents, and other individuals to assess the suspected case of abuse or neglect
Request that a physical and/or mental examination be conducted by a medical professional
Discuss the allegations of abuse or neglect to the family
If abuse or neglect is not present, CPS may help the family find resources for solving mental, physical, or behavior issues
If abuse is present, CPS will work to provide counseling and supportive services for the family, either in-home or through an agency
If needed, CPS will petition for the removal of the child from the home in question

What Happens When a Child is Placed in CPS Custody

A child is rarely removed from the home. In most cases, CPS will do whatever they can to avoid disrupting a family unit, including creating a service plan, offering counseling services, and conducting regular home visits. However, if the child is determined to be in immediate danger, CPS may remove the child and place them in protective custody.

Once a child is in the custody of CPS, they are typically placed into the care of a relative or foster family. For parents or guardians to regain custody, they must follow the reunification plan that will be laid out by the court. These plans may include things like rehab, drug testing, or anger management classes. During this time, the parents or guardians will likely be granted periodic, supervised visitations with the child. After a predetermined period, the case will typically be revisited to determine whether the parents/guardians have complied with the court-mandated plan and whether the child can safely return to the home.

What to Do if You Suspect Child Abuse or Neglect

If you are concerned for the safety of a child or have questions about a potential Child Protective Services report, contact our family law attorneys at Mulligan Attorneys , to discuss the grounds for a Child Protective Services report by calling 910-763-1100.

You can also contact North Carolina Child Protective Services , the North Carolina Department of Health and Huma Services , or call the ChildHelp National Child Abuse Hotline by calling 1-800-422-4453.

Robbery vs. Burglary: What’s the Difference?

Thu, 10 Sep 2020 15:58:00 GMT

Many people think that the terms “burglary” and “robbery” mean the same thing, but actually, in the context of North Carolina law, there are some differences between the two.

While the biggest difference is that robbery involves a display of force, whereas burglary doesn’t, there are some additional distinctions that should be understood.

North Carolina Burglary Laws

Burglary in North Carolina is defined as a “nonpermissible breaking and entering into a dwelling with the intent to commit a crime such as a theft.” The state breaks this crime down into two types: first-degree burglary and second-degree burglary. If a home is burgled while it is occupied, it is a first-degree burglary but if the home is unoccupied, then it is a second-degree burglary.

It’s also worth noting that a crime is typically only charged as burglary if it’s committed inside a dwelling (aka home). If it’s committed in an office or a store, it can be charged as breaking and entering. If this is done with the intent to commit a crime, or if it’s done in a place of religious worship, the crime will often be charged as felony breaking and entering.

Penalties for Burglary in North Carolina

While prior criminal history does factor into burglary charges, what follows are some guidelines for the penalties someone charged with burglary could face:

First-degree burglary is a class D felony punishable by at least 64-80 months in jail
Second-degree burglary is a class G felony punishable by at least 8-31 months in jail
Breaking and entering in the first degree is a class 1 misdemeanor
Breaking and entering with the intent to commit a crime is a class H felony punishable by at least 6 months in jail
Breaking and entering into a place of worship is a class G felony punishable by at least 10-13 months in jail

North Carolina Robbery Laws

For a crime to be charged as robbery, it must be accompanied by violence or by the threat of violence, which means a victim must be involved. If a weapon is involved, and the victim is injured, the crime can be escalated to armed or aggravated robbery. The timing of the violence also factors into how the crime is charged. For example, if violence is used after the act of robbing the victim takes place, it might be charged separately as assault.

Penalties for Robbery in North Carolina

State laws define all forms of robbery as felonies. Because of this, basic robbery charges depend on prior criminal history. Additionally, state statutes define specific penalties for robbery with a dangerous weapon as well as train robbery:

Robbery with a dangerous weapon and train robbery are both class D felonies punishable by up to 204 months in jail
Other types of robbery are class G felonies punishable by up to 47 months in prison

Robbery and Burglary Lawyers

If you’ve been charged with any variation or robbery or burglary, you need the help of an experienced attorney to ensure that you are treated fairly. The criminal defense lawyers at Mulligan Attorneys are standing by and ready to help. All you have to do is call us at 910-763-1100 or click here to schedule a free consultation .

Paternity Testing in Court Cases

Mon, 31 Aug 2020 19:18:00 GMT

In most cases, when a married couple has a baby, both parents are automatically assumed to be the legal parents of the child. The baby is given a name, both parents are listed on the birth certificate, establishing paternity and maternity, and that’s the end of it – both parties are equally responsible for and have equal rights to the child.

In certain cases, however, the paternity of a child isn’t always obvious or known, and in other cases, it may be contested by the mother, father, or even the child. Additionally, unmarried couples who have a child will not have their parenthood automatically established, which could cause issues down the road. In these cases, it may be necessary to establish paternity legally, which is why you may need the help of a North Carolina family law attorney .

What is Paternity?

Simply put, establishing paternity is the legal process by which a baby’s biological father is formally recognized as their father under any given state’s laws, also known as legitimation. As mentioned above, there are many situations in which paternity may not be automatically established, and paternity testing may be sought by the mother, father, or child.

How Establishing Paternity Works in North Carolina

North Carolina provides four ways for parents to establish the paternity of their child. As discussed, the first (and easiest) way for paternity to be established is when a child is born to a married couple.

The second way to establish paternity is for a mother and father who are unmarried but already have had a child, to get married after the child is born. In this case, the state will apply paternity retroactively back to the child’s birth. Please note that you may need the help of a family law attorney for this method to be performed correctly.

The third option for establishing paternity is for the mother and father to both sign an “Affidavit of Parentage.” This is an easy process where both parties voluntarily sign the affidavit in front of a witness and establish parenthood. Typically this is done when the baby is born to an unmarried couple, but it can also be done afterward or during a paternity court case if both parties agree. It establishes the biological and legal father, establishes the right for the father to seek custody/visitation, and holds the father liable for child support if necessary.

Finally, paternity can be established through the judicial system. If the parents cannot agree to sign the affidavit, or if the mother, father, child, of child support services requests that paternity be established, the case can go to court. If the case goes to trial, a judge will often order genetic testing. In North Carolina, DNA testing must reveal at least a 97 percent likelihood that the alleged father is also the biological father. If this is the case, the judge will issue a paternity order that will then allow for other issues, like custody, visitation, residency, and child support, to be resolved.

Why Should You Establish Paternity?

There are many reasons why a couple, individuals, or a child may wish to have paternity established. For instance, it can help:

Resolve any issues or concerns regarding who is obligated to financially support the child, pay medical expenses, educational costs, etc.
Solidify the father’s right to seek expanded visitation and custody.
Establish both parents’ names on the child’s birth certificate.
Ensure the child has access to medical history for both sides of their family.
Prove a child’s identity.
Ensure the child can qualify for benefits such as social security, inheritance, and veteran’s benefits.

Help From a Family Law Attorney

Whether you’re a mother seeking child support, a father seeking custody rights, or a child seeking the rights they’re entitled to through patently, the lawyers at Mulligan Attorneys can help. Just get in touch with us to schedule your consultation by clicking here or by calling 910-763-1100.

Additionally, you can find resources online from the North Carolina Department of Health and Human Services.

What to Do After a Truck Accident

Fri, 21 Aug 2020 19:51:00 GMT

Whether you call them 18-wheelers, big rigs, semi-trucks, or tractor-trailers, these massive machines can do a lot of damage in a truck accident. They’re tall, long, and heavy. In fact, most trucks can weigh in at up to 80,000 pounds which, unfortunately, means that if they are involved in an accident with your average 5,000-pound passenger car, the results can be catastrophic.

If you’ve ever driven, chances are you’ve had a scary encounter with a truck. They are difficult to turn and hard to maneuver in poor weather conditions, making them dangerous to be around as the driver of a passenger vehicle. Even something as small as a truck driving past you can cause a powerful blast of wind, making it hard to control your own vehicle for a moment.

Truck accidents are scary and can easily result in injuries and even death . If you’re involved in a tractor-trailer accident in North Carolina, it’s important to know what steps to take afterward.

Steps to Take After a Truck Accident

After any kind of accident, you’re likely to be scared and in shock. Even though it’s hard, it’s important to try to remain calm so that you can think clearly and make the right decisions. Remember these tips that are designed to keep you safe and help protect your best interests should you decide to open a personal injury case :

Check for any injuries. Look over yourself first, and then check others who may have been involved in the accident, to make sure everyone is ok. If there are serious or life-threatening injuries, call 9-1-1 immediately.
Collect evidence. In a case like this, proving fault is often essential, so you’ll want to gather as much evidence as you can. Take pictures of every vehicle involved, any injuries, street signs, intersections, and the road surface. Take as many photos as you can of these things from multiple angles. You can never have too many photos. You should also take notes about the accident, including the date, time, location, weather conditions, and your recollection of what happened.
Move vehicles if possible. If it is safe to do so, and the vehicles involved are able to be moved, it is best to get them out of the way of traffic, preferably on the side of the road. Make sure you take pictures first though!
Contact the police. If you haven’t already called 9-1-1 due to injuries, now is the time to call the police as they can appropriately document the accident.
Get contact and insurance information for anyone else who was involved. Make sure you write down the name and phone number for every other person who was in the accident, as well as their insurance details.
Look for witnesses. If anyone else was around at the time of the accident, you’ll want to get their name and contact info, in case witnesses are needed in court.
Get a copy of the police report. Once the police are done, ask them for either a copy of the report or a way that you can get a copy. You should also write down the report number as well as the officer’s name and badge number.
Let your insurance company know. Talking to insurance after an accident can be tricky. You want to let them know that you were in an accident so that a claim can be filed, but you don’t want to answer questions regarding details of the accident without a lawyer present. In this situation, it’s best to provide basic info like when and where the accident happened, but avoid questions – especially questions that could be seen as you admitting fault.

Finally, your last step should be to call the truck accident lawyers at Mulligan Attorneys. Depending on what caused the accident, you may be able to receive compensation for your injuries from the trucking company, their insurer, or even a manufacturer. However, you need to be able to prove that the driver or another party acted negligently and that this negligence is what resulted in the accident. This can be a very long and challenging process, and it’s one that’s best handled by an experienced truck accident attorney. If you or someone you know has been in a truck accident, schedule your free consultation with Mulligan Attorneys by clicking here or by calling 910-763-1100.

Liability in Rideshare Accidents

Wed, 05 Aug 2020 21:14:00 GMT

The days of hailing a taxi are all but gone. Now, more and more people are making use of a rideshare, also known as peer-to-peer transportation, in order to get around.

Ridesharing companies are driver-for-hire services where one individual uses their own vehicle and an app to connect with other individuals who are looking for a ride.

They’re a great option for people who cannot drive or for those who want to go out on the town without having to worry about assigning a designated driver. No matter why they need a ride, all the user has to do is go on the app, put in their location, and a driver will arrive within minutes to pick them up and take them to their destination.

It is absolutely a convenient way to get around, but as ridesharing becomes more popular, it presents some unique challenges when it comes to traffic accidents and determining liability. Since this particular scenario can be a rather tricky one, especially when it comes to personal injury claims, it’s best to familiarize yourself with how ridesharing liability in North Carolina works.

What Should I Do if I’m in a Ridesharing Accident?

Any kind of accident can be overwhelming. In this situation, it’s best to try to remain calm and take the following steps:

Get yourself to safety. Make sure you are out of the way of oncoming traffic and in a safe place where you can wait for emergency services to arrive.
Call 911. If someone hasn’t contacted the police already, make sure you do so ASAP so that the accident can be properly recorded and an ambulance and fire trucks can be dispatched if needed.
Gather as much information as you can. Get a copy of the police report, as well as the names, contact information, and insurance details for anyone else involved, including the rideshare driver, drivers of other vehicles, and any other passengers who were involved.
Take pictures. Get as many pictures of the scene as you can, including any vehicle damages, injuries, traffic signals/signs, weather conditions, road conditions, road debris, etc.
Get in touch with your lawyer. In this situation, you need to speak to an attorney ASAP to make sure your rights are protected. Additionally, make sure you do not give any statements to insurance companies before you consult with your attorney.

Who is Responsible for Ridesharing Car Accidents?

North Carolina is an at-fault state, meaning that whoever is responsible for causing the accident is the driver who can be held liable. Whether you’re in your own vehicle or riding as a passenger of a ridesharing vehicle, if the rideshare driver causes the accident, they will generally be deemed at-fault.

Just like regular car accidents in North Carolina, liability will be assigned on the basis of proving negligence. To prove that a driver was negligent, the following must be true:

The driver owed a duty of reasonable care (i.e. they should have been driving responsibly) AND;
The driver breached the duty of reasonable care (i.e. they did not drive responsibly) AND;
You were injured and/or suffered damages as a result of this breach of reasonable care.

Do Rideshare Drivers Have to Carry Insurance in North Carolina?

In a regular car accident, a driver’s personal insurance would cover the damages resulting from an accident. However, most insurance companies do not cover drivers who are using their vehicles for business purposes, and that includes ridesharing.

Fortunately, the two main ridesharing companies, Uber and Lyft, both offer some insurance coverage to their drivers. Unfortunately, the amount of coverage offered depends on which stage of the ride the driver is in. These stages are broken down into “periods” and the coverage for each is as follows:

Period 0: If the driver is not logged into the rideshare app, no coverage is provided.
Period 1: If the rideshare driver is logged into the app, but hasn’t accepted a ride, both Uber and Lyft offer $50,000 liability coverage for each person injured in an accident caused by the driver and $100,000 total liability coverage per accident.
Period 2: If the driver has accepted a trip, but is still on the way to the passenger’s location, Uber and Lyft both offer liability coverage of $1 million.
Period 3: If the rideshare driver has a passenger in the car, both companies offer liability coverage of up to $1 million, as well as limited coverage for damages done to the driver’s car and uninsured driver insurance.

Can I Hold Uber or Lyft Responsible if I am Injured in a Ridesharing Accident?

Individuals who drive for ridesharing companies are considered independent contractors, meaning that they are not employees of Uber or Lyft. Because of this, suing either of these companies can be difficult, if not impossible.

That said, the liability coverage these companies offer their drivers may cover your injuries if you were hurt while in a ridesharing vehicle on a ride. If you were driving your own vehicle, or were the passenger of another vehicle, receiving compensation for your injuries caused by a rideshare driver might be more difficult.

If you were injured in a ridesharing accident, hiring a personal injury attorney will help you get through the difficult claims process and give you the best chance of being reimbursed for your injuries. For your free consultation, give the lawyers at Mulligan Attorneys a call at 910-763-1100 or click here to schedule a free consultation .

Drug Laws in North Carolina

Mon, 20 Jul 2020 20:24:00 GMT

Drug laws can be complicated. This is partially because these laws are always changing or being updated, and partially because, while both federal and state laws may both apply, they often contradict each other. Not only can this make understanding drug laws difficult, but it can also make it tricky to successfully navigate a trial that involves a drug arrest or accusation.

If you or a loved one have been accused of violating any drug law, it’s important to get in touch with a North Carolina drug attorney as soon as possible. The drug trial process can be incredibly long and complicated, and often ends up taking a huge toll on the accused and their family. This is not a situation you should try to handle on your own. Instead, click here to get in touch with the criminal defense lawyers at Mulligan Attorneys .

Overview of North Carolina Drug Laws

In North Carolina, possession, cultivation, distribution, and manufacturing any kind of controlled substance is illegal. North Carolina Statutes Article 5, § 90-86 , addresses illegal behaviors as they pertain to illicit substances more specifically:

Manufacturing, selling, delivering, or possessing with the intention to manufacture, sell, or deliver a controlled substance.
Creating, selling, delivering, or possessing with the intention to sell or deliver a counterfeit controlled substance.
Possessing a controlled substance.
Possessing a chemical with the intention to manufacture a controlled substance or meth.
Possessing or distributing a chemical knowing (or reasonably believing) it’ll be used to manufacture a controlled substance or meth.

The charges and/or penalties for violating any portion of these laws depend heavily on the specific facts and circumstances of the situation. However, it is worth noting that North Carolina’s Death by Distribution law allows for drug dealers to be held accountable for overdose deaths that stem from a sale they made.

North Carolina Marijuana Laws

Though we’ve covered cannabis laws in North Carolina in more detail in our “Marijuana Laws” blog, it’s worth mentioning the penalty details again:

Selling Marijuana in North Carolina

Selling or delivering cannabis is a Class I felony with penalties that vary between 4-222 months in jail and a $1,000-$200,000 fine, depending on how much marijuana is sold or delivered.

Possession of Marijuana in North Carolina

Those found with less than 0.5 oz of cannabis will be charged with a misdemeanor and $200 fine.
Those found with between 0.5 and 1.5 oz of cannabis will be charged with a misdemeanor, a $1,000 fine, and could spend 1-45 days in jail.
Those possessing 1.6 oz of marijuana or more will be charged with a felony, a $1,000 fine, and could spend between 3-8 months in jail.

Trafficking Marijuana in North Carolina

Those found trafficking between 10-50 lbs will be charged with a Class H felony, 25-30 months in jail, and/or a $5,000 fine.
Those found trafficking between 50-2,000 lbs will be charged with a Class G felony, 35-42 months in jail, and/or a $25,000 fine.
Those found trafficking between 2,000-10,000 lbs will be charged with a Class F felony, 70-84 months in jail, and/or a $50,000 fine.
Those found trafficking over 10,000 lbs will be charged with a Class D felony, 175-219 months in jail, and/or a $200,000 fine.

North Carolina Heroin Laws

Unfortunately, heroin abuse is fairly commonplace in North Carolina. It’s one of the most dangerous illicit drugs there is, causing users to frequently suffer severe health problems, addiction, overdoses, and deaths.

In North Carolina, heroin is classified in the highest category as a Schedule I drug, meaning that it has no medical use and a very high potential for abuse. Penalties for heroin possession, trafficking, and sale are as follows:

Selling Heroin in North Carolina

Selling any amount of heroin will result in the accused being charged with a Class G felony and between 8-31 months in jail. Selling heroin to someone under the age of 16, to a pregnant woman, or within 300 ft. of school property is a Class E felony punishable by 15-63 months in jail.

Possession of Heroin in North Carolina

Possessing any amount of heroin will result in a Class I felony and between 3-12 months in jail.

Trafficking Heroin in North Carolina

Trafficking between 4-14 grams of heroin is a Class F felony and carries a 70-84 month jail sentence and $50,000 fine.
Trafficking between 14-28 grams of heroin is a Class E felony and carries a 90-117 month jail sentence and $100,000 fine.
Trafficking more than 28 grams of heroin is a Class C felony and carries a 225-279 month jail sentence and $500,000 fine.

North Carolina Cocaine Laws

Cocaine (and any of its derivatives) is classified as a Schedule II drug in North Carolina. Though not considered as addictive or dangerous as heroin, cocaine can also cause serious health problems and result in overdoses and deaths in users. Penalties for various violations involving cocaine are as follows:

Selling Cocaine in North Carolina

Regardless of the quantity, the punishment for selling cocaine in North Carolina is an automatic Class G felony and an 8-31 jail sentence. Like heroin, selling cocaine to someone under the age of 16, to a pregnant woman, or within 300 ft. of school property is a Class E felony that can result in between 15 and 63 months in jail.

Possession of Cocaine in North Carolina

Those who possess cocaine in NC will be charged as a Class I felony and between 6-12 months in jail, though the penalties can be worse depending on the amount of cocaine in question.

Trafficking Cocaine in North Carolina

Trafficking between 28-200 grams of cocaine is a Class G felony carrying a 35-51 month jail sentence and $50,000 fine.
Trafficking between 200-400 grams of cocaine is a Class F felony carrying a 70-93 month jail sentence and $100,000 fine.
Trafficking more than 400 grams of cocaine is a Class D felony carrying a 175-222 month jail sentence and $250,000 fine.

Find a North Carolina Drug Lawyer

Remember, the rules surrounding drug possession, sale, trafficking, and more are always changing as new laws and legislations are passed. Even if you think you understand what you’re up against, you may still find yourself ill-equipped to handle the complexity of a drug case or trail. Don’t risk your life or livelihood by handling drug charges yourself.

The lawyers at Mulligan Attorneys have years of experience with drug and criminal charges and may be able to help you with your case. Give us a call to schedule your free consultation at 910-763-1100.

Driver’s License and Insurance Points in North Carolina

Tue, 14 Jul 2020 14:30:00 GMT

You’ve probably heard of people getting “points” for moving violations, but if you’ve never been pulled over or given a speeding ticket, you may not be familiar with the driver’s license point system in North Carolina. By understanding the system better, you can learn how to avoid accumulating points on your license, and how to remain calm and handle the situation in the event that you are assessed points.

How the Point System in North Carolina Works

In North Carolina, drivers may accumulate points based on one of two systems. The North Carolina Department of Transportation is responsible for points associated with your driver’s license and the North Carolina Department of Insurance’s Safe Driver Incentive Plan is responsible for points associated with your car insurance.

The number of points you may get depends on the kind of violation you are accused of. All points will stay on your driving record for three years, and if you get any additional points during that time, they will be added to your overall points total. This accumulation system means that several violations can quickly cause you serious consequences, mainly the possible suspension of your license. That’s why it’s important to drive safely and have the traffic violation lawyers at Mulligan Attorneys on hand in the event you need help disputing points.

North Carolina Driver’s License Violations and Points

Below is a list of moving violations and other types of traffic violations that may result in the driver being assessed points, depending on whether they are convicted or not:

Littering from a motor vehicle – 1 point
Failure to properly restrain a child – 2 points
Running a stop light/stop sign – 3 points
Failure to yield right of way to other vehicles – 3 points
Speeding in excess of 55 mph – 3 points
Speeding in a “safety zone” – 3 points
Speeding in a school zone above the posted speed limit – 3 points
Driving without a license – 3 points
Driving without insurance – 3 points
Failure to stop for an emergency vehicle – 3 points
At-fault accidents – 3 points
Reckless driving – 4 points
Hit and run (with property damage) – 4 points
Illegal passing – 4 points
Following too closely (tailgating) – 4 points
Driving on the wrong side of the road – 4 points
Failure to yield right of way to pedestrians, cyclists, scooters, or motorcycles – 4 points
Passing a stopped school bus – 5 points
Aggressive driving with a Class C license – 5 points
Aggressive driving with a Commercial license – 6 points
All other moving violations – 2 points

Since the points system is frequently updated, it’s always best to check the North Carolina DMV Handbook for the most up-to-date information.

North Carolina Insurance Violations and Points

Insurance points in North Carolina are usually assessed to drivers who have been convicted of a traffic violation or are found at-fault in an accident. Not only do these points typically increase your current insurance rate, but they may also make it harder to switch to a new insurance company or open new policies. What follows are some examples of insurance points drivers can get in North Carolina:

Speeding 10 mph or less when the posted speed limit is 54 mph or less- 1 point
Speeding 10 mph or less when the posted speed limit is 55 mph or more – 2 points
Speeding 11 mph or more when the posted speed limit is 56-75 mph – 2 points
Following too closely (tailgating) – 2 points
Driving on the wrong side of the road – 2 points
Illegal passing – 2 points
Driving over 75 mph when the posted speed limit is less than 70 mph – 4 points
Driving over 80 mph when the posted speed limit is less than 70 mph or more – 4 points
Passing a stopped school bus – 4 points
Reckless driving – 4 points
Speeding to avoid arrest – 10 points
Prearranged highway racing – 12 points
Driving while impaired (DWI) – 12 points

Drivers License Point Suspensions

Very serious traffic violations or a points accumulation of 12 or more points will typically result in the state suspending your driver’s license. What follows are a list of some (not all) of the infractions/convictions that can result in license suspension in North Carolina:

Speeding 15 mph or more over a posted speed limit of 56 mph or more
Driving over 75 mph in an area with a posted speed limit of 70 mph or less
Driving over 80 mph in an area with a posted speed limit of 70 mph or less
Being convicted of two or more speeding charges between 55 and 80 mph OR being convicted of reckless driving and a speeding charge between 55 and 80 mph within a 12 month period
Prearranged highway racing
Driving while impaired (DWI)
Hit and runs resulting in injury or death
At-fault accidents result in injury or death and/or property damage
Underage (21) DWI
Vehicular manslaughter/negligent homicide
Transporting liquor for illegal sale
Speeding to avoid arrest
Driving on a suspended or revoked license
Accumulating 8+ driver’s license points within three years following a previous license suspension/revocation

For any of the above circumstances, suspension lengths are typically based on the number of previous suspensions. A first-time license suspension usually lasts 60 days. Second-time offenders typically lose their licenses for six months and people who have had their license suspended three or more times will be given a year-long suspension.

How a Traffic Violation Attorney Can Help

While a lawyer may not always be able to help you “get out of” a traffic ticket, they may be able to help you reduce the effects that a traffic violation conviction can have on your record. In some cases, we may be able to help you avoid being assessed drivers license or insurance points by:

Petitioning to reduce the ticket to a non-moving violation
Arguing that “improper equipment” resulted in the violation
Determining your eligibility for a Prayer of Judgment Continued (PJC)
Helping you navigate a traffic violation trial (if applicable)

Not only might the lawyers at Mulligan Attorneys be able to help you reduce the impact of a traffic violation but, by reducing or avoiding points, we can help you avoid a major increase to your car insurance bill. If you’ve been charged with a traffic violation and are worried about being awarded insurance points or driver’s license points, get in touch with our North Carolina traffic violation attorneys today by calling 910-763-1100 or clicking here to schedule a free consultation .

North Carolina Theft Laws

Tue, 07 Jul 2020 21:05:00 GMT

In North Carolina law, theft is always described using the word “larceny.” Though this may sound a little confusing, “theft” and “larceny” are often used interchangeably to describe the same type of crimes that involve the unlawful taking of someone else’s property.

Types of Larceny in North Carolina

Most types of larceny fall under a few categories that are described in detail under Chapter 14, Article 16 of North Carolina Law . They are:

Possessing and/or receiving stolen goods ( § 14-71, 14-71.1.)
Concealing merchandise in a store (shoplifting) ( § 14-72.1.)
Removing a shopping cart from a store’s premises ( § 14-72.3.)
Larceny of gasoline at a service (gas) station ( § 14-72.5.)
Larceny of motor vehicle parts (“chop shop” activity) ( § 14-72.8.)

The type of larceny an individual may be charged with depends on several factors, including the circumstances under which the theft occurred, where the theft occurred, and the value of the goods that were stolen.

North Carolina Larceny Classifications

Most larcenies committed in North Carolina are considered Class H felonies unless the law dictates that that specific form of larceny should be classified as another type of felony or a misdemeanor. What follows is a breakdown of each type of larceny and its corresponding penalty:

Larceny of property valued at less than $1,000 is a Class 1 misdemeanor. If the property is valued over $1,000 it is a Class H felony.
Knowingly receiving or possessing stolen property or goods is a Class H felony.
Larceny of gasoline is a Class F felony.
Larceny by an employee is a Class H felony if the property is valued at less than $100 and a Class C felony if the property is worth $100 or more.
Concealment of merchandise (shoplifting) is a Class 2 or 3 misdemeanor, depending on whether it is the first offense or not.

Additionally, the following types of larceny will always be upgraded from misdemeanors and be charged as felonies, regardless of the value of the property that was stolen:

The property stolen is physically taken off another person’s body (e.g. pickpocketing)
The stolen property is an explosive or firearm
The property is stolen during a burglary or breaking and entering
The thief tampered with a security device in order to obtain the stolen property
The property stolen is a record or any other type of document in the custody of the North Carolina State Archives

Criminal Larceny Penalties in North Carolina

Now that we’ve discussed how the different types of criminal larceny are broken down into misdemeanors or felonies, let’s look at what the specific penalties are for each type of larceny committed in North Carolina:

Larceny charged as a Class 3 misdemeanor is punishable by as much as 30 days in jail and a $200 fine.
Larceny charged as a Class 2 misdemeanor is punishable by up to 60 days in jail and a $1,000 fine.
Larceny charged as a Class 1 misdemeanor is punishable by up to 120 days in jail and a fine to be set at the discretion of a judge.
Larceny charged as a Class H felony is punishable with anywhere from 4 to 24 months in prison.
Larceny charged as a Class F felony is punishable with anywhere from 10 to 41 months in prison.
Larceny charged as a Class C felony is punishable with anywhere from 44 to 182 months in prison.

Civil Penalties for Larceny in North Carolina

Additionally, those who steal property from a store in North Carolina may face civil penalties for actual damages, punitive damages, and/or as a means of reimbursing the store owner’s attorney fees. The damages that can be awarded in civil penalties must range between $150 and $1,000. If a minor commits shoplifting, their parent or legal guardian may be responsible for paying the same amount in damages, although they cannot be held liable for punitive damages.

Finally, if the property stolen from a store was valued over $2,000 and the person who committed the crime used any type of vehicle during the theft, the state can seize that vehicle under North Carolina civil forfeiture laws.

North Carolina Larceny and Theft Attorneys

If you’ve been accused of theft or larceny, the best thing you can do is to get in touch with the experienced larceny lawyers at Mulligan Attorneys ASAP. The trial and sentencing process for larceny in North Carolina can often be extremely complicated since charges are based on the value of the property and your past criminal records.

By hiring an attorney, you can rest easy knowing that you will be defended by someone who knows North Carolina larceny law well and is dedicated to making sure your trial proceeds fairly. Get in touch with us today at 910-763-1100 or contact us online to schedule your free consultation .

National Safety Month Facts

Mon, 15 Jun 2020 14:00:00 GMT

Safety is a key factor in any job, whether you’re a construction worker, veterinarian, or work in a job where you sit at a desk. Workplace injuries are one of the most common types of injuries in the United States and can result from a variety of unsafe workplace practices. It’s your employer’s responsibility to make sure you have a safe working environment. If they don’t, and you are injured while on the job, the lawyers at Mulligan Attorneys may be able to help you with filing a worker’s compensation claim . Read on to learn more about workplace injuries and how to avoid them.

How DWI Affects Employment

Wed, 10 Jun 2020 14:00:00 GMT

A DWI conviction in North Carolina is inconvenient to say the least. It will result in a lot of time spent in court, a lot of money spent on fees and fines, and many other problems. But even after your trial is over, a DWI can have a significant impact on your life. Not only can it affect your relationships with friends and family, but it can also have a serious effect on your employment status, even if it’s been years since your conviction.

As a North Carolina resident, it’s important to understand not only the dangers of drinking and driving, but how it can affect your current and future jobs. And remember, if you or a loved one have been charged with a DWI, the best way to protect yourself and your rights is to get in touch with the seasoned DWI lawyers at Mulligan Attorneys by calling 910-763-1100.

Telling Your Employer about a DWI

If you are convicted of a DWI in North Carolina, your first step should be figuring out whether you need to report your conviction to your employer. Many employers will spell out guidelines for situations like this within their employee handbooks. If nothing about reporting convictions is written in your handbook, you should weigh the pros and cons of telling your employer.

On the one hand, you may feel that it is none of their business. On the other hand, if they find out you were convicted and willingly withheld that information from them, they may not be as kind as they would have if you had just been upfront and honest about it. At the end of the day, North Carolina is an at-will employment state, meaning that you can be fired by an employer for nearly any reason.

How DWIs May Affect Your Current Job

If your employer learns about your conviction, whether a DWI will have an immediate effect on your job depends somewhat on what type of job you have. For example, those who are employed by a government organization are more likely to be immediately suspended or fired after a DWI conviction.

Additionally, you may also risk unemployment if you are required to have a professional license in order to do your job. Doctors, nurses, commercial drivers, pilots, and even barbers could risk suspension or revocation of their professional licenses if they are charged with drunk driving.

Finally, even if you don’t immediately lose your professional license and/or your job, you may have to miss so much time from work for court appearances, community service, or substance abuse treatment, that you may lose your job simply because you aren’t able to attend work as scheduled.

How DWIs May Affect Your Job Search

If you’ve been convicted of a DWI and you are actively looking for a job, there are definitely some challenges you may face. The biggest issue you’ll encounter is transportation, since most DWI convictions result in some kind of license suspension in North Carolina. You’ll have to learn how to get around without a license, which will probably take some planning to make sure you can look for jobs or be on time for interviews. Or, you can get in touch with Mulligan Attorneys to learn whether you may be eligible for limited driving privileges .

If your career involves driving and your license has been suspended, you may be out of luck, especially if you cannot obtain limited driving privileges. In this scenario, you may need to expand your job search to include new career opportunities that don’t involve driving for work.

Finally, you may have difficulty filling out job applications or new hire paperwork if you do not have a driver’s license number to provide.

How DWIs May Affect Your Future Job

In this day and age, many employers require background checks before they hire a new employee. Your criminal record and your driving record will most likely be included as part of a background check, so potential employers may be able to see if you were convicted of a DWI and lost your license.

Additionally, many job applications in North Carolina have a section where applicants are asked whether or not they’ve been convicted of a crime. While you could choose not to disclose this information, it is likely that your employer will still find out about any convictions, especially if they perform a background check. For this reason, it’s best to be honest and disclose conviction information to a new employer.

If you’ve been convicted of a DWI, it’s a good idea to think about how you may handle this discussion with your employer. You may also consider planning some responses to questions about your conviction, in the event that you are trying to find a new job.

Finally, if you’ve been charged with a DWI, you need to contact the lawyers at Mulligan Attorneys . We can help you through the trial process, determine eligibility for limited driving privileges, and give you the assistance you need to make sure your life and career is disrupted as little as possible during this difficult time.

Smoking and Vaping Laws in North Carolina

Fri, 29 May 2020 14:00:00 GMT

tIt’s no secret that consuming tobacco isn’t good for you. It’s bad for your heart and lungs, affects the health of your teeth and gums, and can result in a variety of painful, and sometimes deadly, diseases. Regardless, many Americans still choose to use it, whether by using traditional cigarettes or by using vapor products.

The health downsides are just one of the reasons many states have placed restrictions on nicotine/tobacco use, and our state is no different. In this article, we’ll discuss North Carolina’s tobacco products law, as well as the new changes to federal laws pertaining to tobacco use.

North Carolina Tobacco Use Laws

Compared to some states, North Carolina’s laws regarding where and when an individual can smoke tobacco are pretty relaxed.

The first part of the law prohibits people from smoking inside state buildings and in state-owned vehicles, and “no smoking signs” must also be placed in these places. Smoking may also be prohibited or restricted state-owned grounds as long as it’s approved by the Board of County Commissioners.

Smoking is also prohibited in restaurants and bars in North Carolina. Owners of these establishments are required to post no-smoking signs and remove ashtrays from all indoor areas (if present). Restaurants and bars that don’t adhere to this law can be penalized by the health department, and patrons who smoke inside these establishments can be fined up to $50 for each infraction.

Additionally, smoking is also prohibited in child care centers, home child care facilities, state correctional facilities, and in school buildings, on school grounds, or at school-sponsored events.

There are a few exceptions to these tobacco use laws. The first is that smoking is permitted inside state buildings where medical or scientific research that pertains to smoking is being conducted. For example, if the North Carolina Division of Public Health was conducting research where they needed to observe participants actively smoking, they would be allowed to do so inside one of their state-owned laboratories.

Smoking is also allowed in private residences and vehicles, designated smoking rooms in hotels, private clubs, and cigar bars or tobacco shops where the smoke cannot migrate into an enclosed area.

North Carolina Vaping Laws

Unfortunately, while vapor products may be more discrete and less smelly than traditional cigarettes, that doesn’t make them any better for you, which is why they are included in state tobacco products laws.

Under North Carolina law, the term “vapor products” can refer to any kind of electronic cigar, pipe, or cigarette that takes an e-liquid cartridge and uses a mechanical heating element, battery, or electronic circuit to turn the liquid into vapor. It is worth noting that “e-liquid”, as defined by state law, doesn’t have to contain nicotine, but instead refers to any sealed, pre-filled cartridge designed for use with a vapor product.

The use of vapor products is prohibited in all the same places as other tobacco products are, including state buildings, schools, etc. Finally, e-liquid packaging must state if it contains nicotine and has to be sold in child-resistant containers.

New Federal Tobacco Use Laws

On December 20th, 2019, the President signed an amendment to the Federal Food, Drug, and Cosmetic Act. This amendment raised the minimum age that retailers can sell individuals tobacco products from 18 to 21. This applies to all tobacco products, including cigarettes, cigars, vapor products, etc.

The law took effect immediately upon being signed and does not include any kind of phase-in period for individuals who have already turned 18 but are not yet 21. The law also does not include an exemption for military members under 21. Retailers who do not comply with federal laws risk fines and other penalties.

It’s too early to tell what kind of impact this will have on North Carolina-based businesses, but it is sure to affect the economy in some fashion. This is especially true for establishments that sell vapor products, considering that these are the products of choice for most younger consumers.

Regardless of whether you agree with them or not, these laws exist to hopefully protect future generations from the harmful effects of long-term tobacco and nicotine use. If you are found in violation of state tobacco-use laws and need the help of a lawyer, get in touch with Mulligan Attorneys today at 910-763-1100.

What Shows Up on a Background Check?

Mon, 18 May 2020 08:00:00 GMT

Background checks can be conducted for a variety of reasons, but they are most commonly conducted prior to starting a new job or prior to signing a lease on a rental property. Sometimes also called background screenings or pre-employment screenings, they’re usually used to determine whether the individual in question is who they say they are.

Whether you have a past history or not, the idea of having a background check performed on you can be a little intimidating. That’s why, as a prospective employee or renter, it’s important to understand how background checks work, what shows up on them, and how they may factor into your ability to get a new job or rent a new home.

How are Background Checks Performed?

Most background checks require the applicant to fill out either a paper form or submit an online questionnaire. The information is then typically processed by a third-party company that returns the results to the employer or landlord who requested the background check.

As an applicant, it’s important that you ask your potential employer or landlord who they use to do their background checks so that you can verify the company is reputable and will treat your sensitive information with care.

What’s on a Background Check?

Depending on who is conducting the background check and why they are conducting it, there are a wide variety of things that background checks might include. In most cases, they are conducted simply to verify the information that someone puts on a job application or lease agreement. In general, you could expect any of the following information to be part of a background check:

Social security number verification
Driving records
Criminal records
Past arrests and convictions
Past employment history

Some background checks might also include information about your medical, educational, and financial history, but these usually require the applicant to explicitly give their written permission before their records can be pulled.

Background Check FAQs

The thought of having your entire past show up on a piece of paper is scary for most people. At Mulligan Attorneys, we often get questions from clients about what exactly is likely to show up on their background checks, specifically details concerning criminal history. Below are a few quick answers to some of the most common questions we get asked about the information that shows up on a background check.

How far in the past does criminal history show up?

This can vary from state to state, but the norm is for criminal background checks to include the last seven years of a person’s criminal history. Criminal history checks in North Carolina go back seven years. Prospective employers are forbidden from looking at records older than that.

Will my dismissed case be on my background check?

Whether a dismissed case shows up on a criminal check depends on who is conducting the verification. In general, dismissed cases do show up on criminal background checks, but are clearly marked as having been dismissed, so that potential employers and landlords can plainly see the case did not result in a conviction.

I have pending charges against me. Will those be on my background check?

This is another situation where the results of the background check depend on who is performing it. Since North Carolina does not prohibit pending charges from being shown, they may show up on some background checks but not others.

I’ve been arrested before. Will my arrest show up?

Most of the time, arrests do show up on background checks, even if they did not lead to a conviction. It simply depends on who is conducting the screening.

My records have been sealed/expunged. Does that mean they won’t be on a criminal background check?

That’s correct. If you have successfully had your criminal records expunged or sealed, they will not show up on a background verification. If your records are sealed/expunged, and you are asked whether you’ve ever been convicted of a crime on a job application or lease, you have the right to answer, “No.”

Do felonies and/or misdemeanors show up in background screenings?

Yes. Unless an attorney has helped you get your criminal records sealed or expunged , felonies and misdemeanors that occurred within the past seven years will show up on a background check conducted in North Carolina.

I have an open warrant for my arrest. Will that be on a background check?

Usually, warrants do not show up on background checks until law enforcement executes on them and files the necessary paperwork, at which point they become a part of your criminal record.

I have a restraining order against me. Should I be worried that it will stop me from getting a job?

It’s hard to say. Some restraining orders, especially those which have been issued during a criminal trial, will show up on a background check. Others may not. It depends on where the company conducting the background check obtains their information from.

The job I want requires a driving history check. How much of my driving record will show up?

If all you’ve gotten is a ticket for speeding or running a red light, you probably have nothing to worry about. However, if you’ve committed a driving offense that results in a felony or misdemeanor conviction , you can expect that to show up on your driving history check and as well as on a criminal background check. For example, a DUI or DWI will show up on both a criminal background screening as well as a motor vehicle history check.

Assistance with Illegal or False Background Checks

It is very difficult to prove whether you’ve been denied a lease or a new job because of the information that showed up on your background check. That said, you may be able to take legal action if a background check was performed on you without your knowledge or consent. The United States Equal Employment Opportunity Commission is a good resource for finding detailed information on when and how background checks can be used .

You may also be able to dispute the information that has shown up on a background check if you believe it has been falsely reported or is wrong in some way, especially if it involves your financial history. The Federal Trade Commission has plenty of information on identifying errors on your credit report or reporting identity theft/fraud.

At the end of the day, it’s never a bad idea to consult with a lawyer regarding your rights when it comes to background checks and pre-employment screenings. The team at Mulligan Attorneys may also be able to help you petition to have your criminal records or driving history sealed or expunged, depending on your case. Give us a call at 910-763-1100 or contact us online to schedule your free consultation.

Distracted Driving Statistics

Tue, 12 May 2020 21:11:00 GMT

Engaging in distracted driving is irresponsible and dangerous, not only for your safety, but for the safety of other drivers and pedestrians that may be around you. We hope that by understanding the facts about distracted driving, you and your loved ones will make the effort to avoid putting yourself or someone else in these kinds of situations.

Suing in a North Carolina Small Claims Court

Thu, 02 Apr 2020 14:00:00 GMT

Small claims court is a limited jurisdiction court designed for handling things like small, non-criminal cases or minor disputes between two individuals or parties. In North Carolina, small claims recoveries are limited to $10,000 or less. Litigants seeking more than $10,000 must file their claim with one of several other courts.

To file in a North Carolina small claims court, you must be at least 18 years old. You do not have to have a lawyer to file a claim. In fact, small claims court is designed to cater to individuals who have a problem that needs to be addressed but may not be able to afford legal representation. That said, having the help of a North Carolina small claims lawyer is never a bad idea.

How to Take Someone to Small Claims Court

In addition to cases where litigants are seeking monetary rewards or a return of property valued under $10,000, small claims courts are also often used for eviction cases or for enforcing actions on motor vehicle liens. It’s worth noting that, while all of the cases above may also be filed in district court, small claims court is usually a much faster process.

The steps for filing a small claims case in North Carolina are as follows:

1. Fill out and submit the relevant paperwork.
Before you start on the forms, make sure you have all the details of your case and the name and address of the defendant handy. You can find North Carolina’s small claims forms here or you may be able to get them in person at your county’s court office. To submit your claim, you’ll need the following:

– Three copies of the appropriate complaint form (money, personal property recovery, eviction, etc.)

– Three copies of a Magistrate Summons

– TA Service Members Civil Relief Act (SCRA) Affidavit

2. Prepare your filing fees.
The North Carolina Judicial Branch website lists all current court fees. Additionally, if you can’t afford to pay your court fees, you can submit a form to file your case as an indigent.

3. File your paperwork.
In North Carolina, small claims cases must be filed in the county where the defendant lives, whether they are an individual or a business entity.

4. Serve the defendant.
The person or entity you’re filing a claim against needs to be informed of the case somehow. In North Carolina, most defendants are served either by an uninterested (adult) party or via certified mail with a confirmation signature. In general, defendants must be served at least five days before the court date, although this timeframe depends on the specific type of case being filed. Check with your local clerk court to find out exactly how far in advance the defendant must be served.

5. Obtain proof of service.

In order for your case to proceed, you must be able to prove to the court that you did, in fact, serve the defendant within the required timeframe. If you seek the help of a process serving company, they will provide you with proof of service once they have successfully served the defendant. If you serve the defendant via mail, you’ll need to fill out North Carolina’s Affidavit Of Service Of Process By Registered Mail/Certified Mail/Designated Delivery Service form and submit it to your local court clerk.

Don’t forget that you have a limited timeframe in which to file a small claims case. In North Carolina, the statute of limitations for small claims is typically three years, but that can change depending on the specifics of your case. A small claims attorney can help provide insight on the statute of limitations for your case and make sure everything is filed well in advance of the deadline.

How Small Claims Court Works

After filing, the court will assign a hearing date (typically in 30 days or less) that lets both parties know when to show up in court. If either party is unable to attend the hearing on the specified date, they may be able to request a continuance which, if approved by the court, would allow the hearing to be rescheduled. If both parties agree to settle out of court and obtain proof of this agreement in writing, they should notify the court ASAP so that the hearing may be canceled.

Small claims cases in North Carolina are typically overseen by a magistrate. Though they may be practicing attorneys, magistrates are not judges. Instead, they are typically civilian officers appointed by the state to rule over small matters, such as seen in small claims court or preliminary criminal trials .

On the day of the hearing, both parties should arrive early and come prepared with any and all evidence they can that may be helpful to their side of the case. This could include things like emails, pictures, text messages, social media posts, letters, and a variety of other documents. Once the hearing starts, both parties are sworn in before being given equal opportunity to present their case.

In general, the plaintiff (the person who filed the claim) will go first. They’ll present their evidence, be able to call witnesses, and may be asked questions by the magistrate, the defendant, or the defendant’s legal counsel. The defendant will then go through the same process. Remember, regardless of which side you’re on, always answer questions truthfully and as factually as possible.

Once they have heard the trial, the magistrate may either make their decision immediately. If they don’t, they have up to 10 days to make their decision, file it with the court, and notify the plaintiff and defendant in writing.

Appealing a Small Claims Decision

If either party is unhappy with the outcome of the trial, they may file an appeal. Appeals can be made orally and in person, if the magistrate announces their decision at the hearing, or by filing a Notice of Appeal to District Court . If either party chooses to file in writing, they must submit their notice of appeal to the court and provide the opposing party with a copy of the appeal within 10 days of when the magistrate files their judgment.

After the appeal is filed and court fees are paid (or a request to file as an indigent is approved), your case will be scheduled to be heard in district court. District court cases are typically overseen by a judge, but you may request for your case to be heard by a jury, as long as you do so within 10 days of the day the trial is scheduled.

In district court, the plaintiff and defendant may both file motions to go through discovery. The discovery process is when both parties exchange documents, evidence, and interrogation information relevant to the case. The process of appealing, discovery, and going to district court is essentially like starting from square one. It’s significantly longer and more complicated than small claims court, which is why many people choose to hire a lawyer to help them in district court.

Getting Your Small Claims Judgement

As a plaintiff, if you win your small claims case, the state requires that the defendant pay the judgment they owe within 10 days of the final decision in either small claims court or district court. Once paid, you must file a Certificate of Payment with the court so they may note it in their records.

If you do not receive a payment within 10 days, you should inform the court so that they can have a sheriff issue what’s known as an execution. This allows the sheriff to go to the defendant and demand payment. It also allows the sheriff to seize certain types of non-exempt property in the event that the defendant refuses to pay. In this scenario, the sheriff would turn the seized property over to the court who would, in turn, pay you the court-mandated judgment.

Do I Need a Small Claims Lawyer?

As we mentioned, many people choose to represent themselves in small claims court, and some of them do so successfully. Even so, seeking the assistance of a small claims attorney can only help.

The lawyers at Mulligan Attorneys are familiar with the law and small claims court system. We understand the process and know which legal arguments are most useful in a given scenario. If you think you have a case for small claims court and are seeking professional legal guidance to help increase the chances of maximizing your potential recovery, contact Mulligan Attorneys at 910-763-1100.

What Are Miranda Rights?

Tue, 24 Mar 2020 13:00:00 GMT

Whether it’s from a TV show or a movie, you’ve probably seen a character “being read their Miranda Rights.” Though it’s an expression most of us have heard before, not everyone truly knows what those “rights” are, or what they mean in the context of an arrest.

History of Miranda Rights

Miranda Rights are supported by the Fifth and Sixth Amendments of the United States Constitution:

The Fifth Amendment lays out an individual’s right to refuse questioning about a crime they are accused of, whether that be in court, on the side of the road during an arrest, or anywhere else. In layman’s terms, an individual cannot be forced to make incriminating statements (or any statements for that matter) about themselves. Nor can they be forced to be a witness against themselves.

The Sixth Amendment deals with an individual’s right to obtain legal counsel at any point after being brought into police custody.

Miranda Rights were officially created after the 1966 U.S. Supreme Court case of Miranda v. Arizona. After being arrested for stealing money from a bank employee, Ernesto Miranda was intensely interrogated by police, which resulted in him confessing to and being convicted of several crimes. Miranda’s case was appealed to the Supreme Court however, who overturned the conviction. They ruled that Miranda’s statements could not be used as evidence against him, since he’d never been informed of his right to remain silent or his right to a lawyer.

The Miranda Rights Script

States may vary slightly in terms of what they require law enforcement officers to say when reading someone their Miranda Rights. In general though, most police officers recite the following Miranda Rights speech:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.”

Though the words recited do not have to exactly match those written above, they do have to convey the same message:

You have the right to remain silent, meaning you do not have to answer any police officer’s questions after being brought into custody. However, it should be noted that exercising your right to remain silent prior to being brought into custody can be viewed as suspicious. This is known as “pre-miranda” silence. The best way to handle questioning before you’ve been read your rights is to have a blanket answer for every question asked. Something like “my lawyer says I shouldn’t answer any questions without them present” should do the trick.

Anything you say can and will be used against you in a court of law, meaning that if you do choose to speak/answer questions after being read your rights, anything you say can be used as evidence against you. Remember, your words can easily be twisted or used in a context that can make you seem guilty, even if you’re not. It’s always, always best to avoid speaking and exercise your Fifth Amendment right until you can speak to a lawyer.

You have a right to an attorney, meaning that you must be allowed to seek the advice of a criminal defense attorney and have them present with you while you are being interrogated. If police continue to question you, even after you have been read your rights, all you have to do is say “I’d like to speak to my attorney,” and the police must immediately stop questioning you.

If you cannot afford an attorney, one will be appointed for you, meaning that if you do not have an attorney already and/or cannot afford to hire one, the government will appoint one for you. This part of the Miranda Rights is in place to ensure everyone has the same access to legal counsel and can exercise their right to it during questioning, no matter their economic or financial standing.

When Do Police Have to Read Miranda Rights?

Law enforcement must read someone their rights any time they are in police custody, whether that be because they’ve been arrested or otherwise detained by police officers. In other words, if the police are preventing you from leaving the scene, they are legally required to read you your rights.

The flipside of this is that some police officers will purposefully not detain someone. By telling a person that they are free to leave the scene, the police can avoid reading them their Miranda Rights in the hopes that they say something incriminating. This is one of the many reasons it’s best to simply avoid speaking to police during any kind of confrontation.

What Happens When Miranda Rights Aren’t Read?

Again, if you are in police custody, they must read you your rights. Failure to do so means that they are in direct violation of the law, and anything incriminating you say cannot be used against you. That said, having not been read your rights is not an excuse for you to speak freely. It’s still best to remain silent until you can consult a criminal defense lawyer . Just because you haven’t been read your rights, doesn’t mean you can’t be found guilty of a crime.

It’s extremely important that every United States citizen understand their rights fully, so that they may exercise them if they ever need to. If you’ve been arrested or charged with a crime in Wilmington, NC, and you believe your Miranda Rights have been violated, you should immediately ask to speak to the criminal defense lawyers at Mulligan Attorneys . We’re happy to set up a consultation to answer your questions and discuss your case. Contact us to speak to a North Carolina criminal defense attorney , at 910-763-1100.

Truck Accident Injuries

Wed, 11 Mar 2020 14:00:00 GMT

Trucks are big, heavy, hard-to-maneuver vehicles that can cause a lot of damage. When involved in an accident with a passenger car, the results can be disastrous and often deadly. According to the most recent data from the Insurance Institute for Highway Safety (IIHS) and the Highway Loss Data Institute (HLDI), there were 4,102 deaths More

How Social Media Can Affect Your Case

Fri, 28 Feb 2020 14:00:00 GMT

There are over 2 billion Facebook users alone, and that’s not even counting all the users on Twitter, Instagram, Pinterest, etc. Sharing our thoughts, photos, locations, and even personal information via social media has become fairly commonplace. And, while it definitely has its upsides, there are a lot of ways social media can be a bad thing.

In law, it can be the difference between winning a case and losing or the difference between being convicted and being proclaimed innocent. Unfortunately, not many people realize how much social media can impact a court case, leading them to engage in activities that can end up harming them down the road.

The best way to protect yourself is by understanding how social media can be used against you in court. Armed with this information, and the help of the North Carolina criminal defense lawyers at Mulligan Attorneys , you can protect your privacy when it matters most.

Can Social Media Be Used in Court?

When you sign up for social media, you’re typically presented with a number of privacy settings. Though it’s implied that privacy settings allow you to choose who sees your posts and who doesn’t, that’s not always true. In the context of a court case, there actually isn’t a huge difference between public and private posts, or how they can be used against you.

The truth is, both public and “private” information shared on social media can be used as evidence in court under different circumstances:

Public Social Media Posts as Evidence

Any social media posts that are available to the general public can be used as evidence by law enforcement or lawyers. Even if you’re not the one who publishes the post, it can be used against you. For example, a friend could take a photo of you and post it publicly, without your permission or knowledge. If this photo is incriminating or relates to your case in some way, it could be used as evidence. The same goes for messages, posts, and location tags.

Private Social Media Posts as Evidence

The word “private” doesn’t mean much when it comes to the internet. It’s not at all uncommon for social media sites to cooperate with law enforcement when it comes to handing over your “private” information. Police often don’t even need a warrant or subpoena to obtain it. They merely need to prove that accessing your “private” social media info is relevant to your case.

Social Media Evidence Types

Posting on social media seems so innocent until you consider all the ways law enforcement can leverage that information against you. What follows is a list of the most common types of social media posts and how exactly they can be used against you.

Photos

A photo of someone doing something they shouldn’t is fairly solid evidence. For example, if someone is involved in a personal injury claim, but is posting photos of themselves working out at the gym, that’s not going to look good in court.

Location Check-Ins

If you say you were in one place at a certain time, but a location check-in shows that you were actually tagged as being somewhere else, it could create problems in court. Law enforcement could use this information to place you at the scene of a crime or at a bar before being arrested for DWI , for example.

Posts

Text posts may be the most incriminating of all. You may think that social media is a safe place to vent but even “private” posts can be dug up. That’s why you should always be extremely careful about what you say or who you talk about, regardless of what your legal situation is. It’s incredibly easy to twist someone’s words after the fact, so what may seem like an offhand comment or remark could end up being interpreted as a threat.

Though there are other types of social media posts, the above are those that are most commonly used during trials. Additionally, these posts can not only be used as evidence in court, they can be used to:

Identify suspects
Find witnesses
Reveal incriminating statements
Demonstrate intent
Confirm/dispute alibis
Reveal connections between individuals

What You Shouldn’t Do on Social Media After an Arrest

If you are involved in a court case, you can rest assured that your social profiles will be intensely scrutinized. For that reason, it is best to avoid using any form of social media at all, starting the moment your case begins. If you do decide to use social media during your trial, keep the following do’s and don’ts in mind:

DON’T delete anything.

This probably goes without saying, but suddenly deleting all your accounts will be interpreted as suspicious. You could even be accused of tampering with evidence, and the same goes for deleting pictures, posts, or comments. It’s largely wasted effort to attempt to delete these things anyway, since nothing that’s been “deleted” from the internet is ever truly gone. Law enforcement has the resources needed to work with social media companies and restore deleted content.

DON’T post anything about your case.

While, as we said, it’s best to avoid social media altogether, if you post something, make sure it has nothing to do with your case. It’s one thing to wish your uncle a happy birthday, but it’s another to start discussing the details of your case in a public forum.

DON’T let your emotions get the best of you.

Even if you are just browsing social media, you may see comments from people you know or news stories regarding your case. While it’s perfectly understandable that these things may make you feel hurt, upset, or angry, retaliating publicly is the worst thing you can do. It’s best to save your thoughts and feelings about your case for a discussion with a North Carolina criminal defense attorney .

DON’T let anyone take pictures of you.

Even if you think they may not be posted on social media, if you’re in the midst of a court case, it’s best to avoid being photographed at all. Even a photo that seems innocent can be used to hurt you. For example, if you are involved in a workers compensation case for a leg injury, a photo of you walking into the store can be used to argue that you’re not actually injured at all.

DON’T accept new friend requests.

Remember, your privacy settings don’t mean much. Don’t accept new friends or connections, don’t allow yourself to be tagged in photos, and don’t reply to messages from people you don’t know.

It doesn’t matter how big your case is; from simple traffic violations to child custody cases , social media can be a dangerous place. If you’ve been accused of a crime or are involved in any kind of court proceeding, a North Carolina lawyer can help you take the steps needed to protect yourself, your family, and your privacy. For a free consultation, contact Mulligan Attorneys online or give us a call at 910-763-1100.

North Carolina’s New “Move Over” Laws

Fri, 14 Feb 2020 21:16:00 GMT

In order to make sure they can respond to emergencies quickly, there are a number of traffic laws that first responders don’t have to obey. For example, they are allowed to drive on the wrong side of the road if it’s the only way they can continue to their destination. But these special allowances don’t mean their jobs aren’t incredibly difficult.

Firefighters, police, and paramedics are constantly putting themselves at risk to save the lives of countless others. These are tough jobs that are also often thankless, which is why we should do everything we can to make it easier for them.

Recent Move Over Law Updates

Traffic accidents are one of the top causes of death in first responders, which is why it’s so important to give them ample space to do their work safely, especially when they are responding to a roadside incident. Many states have established “move over” laws to do just that, and North Carolina is no exception.

In fact, North Carolina’s Move Over Laws recently became more strict. This comes in the wake of the death of Officer Jason Quick, who died in the line of duty on December 15th, 2018. Officer quick was responding to a call to investigate an accident along I-95 near Lumberton, NC. While inspecting the scene, Officer Quick was struck by a passing car and later died of his injuries.

As a result, North Carolina Governor, Roy Cooper, signed Senate Bill 29 into law at the end of 2019. Also called the “Officer Jason Quick Act,” Senate Bill 29 establishes a Move Over law in North Carolina that’s stricter than ever.

In North Carolina when an emergency or public service vehicle is stopped within 12 feet of a roadway, drivers are required to:

Reduce their speed while proceeding with caution,
Move to a lane that’s further away from the stopped vehicle, if it’s safe to do so, and
Continue driving slowly until they are past the stopped vehicle and/or accident scene.

Though slowing down and moving over for stopped emergency vehicles has long been a requirement under state law, it’s the penalties that have become more severe. Now, failure to move over will result in the driver being assessed a $250 fine.

Additionally, if a failure to slow down/move over results in a first responder being injured and/or causes $500 or more in property damage, the driver will be charged with a Class 1 misdemeanor and face up to 120 days in jail. Finally, if a failure to slow down/move over results in the serious injury or death of a first responder, the driver will be charged with a Class F felony and face 10-41 months in prison. Offenders may also have their license suspended for up to six months, though they will be able to apply for limited driving privileges.

The laws established under Senate Bill 29, which went into effect on December 1st, 2019, also apply to workers in temporary construction zones as well as utility workers whose vehicles are stopped along a road.

Tips for Yielding to Emergency Vehicles

In addition to learning what to do for stopped emergency vehicles, it’s also important to know how to conduct yourself if one approaches you while driving. The number one thing to remember is that emergency vehicles always have the right of way, no matter what. Additionally, keep the following tips in mind the next time you encounter a moving emergency vehicle:

As soon as you hear a siren, turn down your radio and crack your window to help you determine which direction the vehicle is coming from.
Once you have a better idea of where the vehicle is coming from, and where it’s headed, begin slowing down and start looking for a place to safely pull over. If there’s not a good place for you to stop, continue driving until you find somewhere safe.
Do not slam on your brakes suddenly, as this can easily cause another accident.
Use your blinker or hazards lights and pull over as soon as you can.
After the vehicle has passed, look around for additional responders before making sure it is safe to pull back on the road.
Stay at least 500 feet behind the vehicle at all times.

Remember, this move over law is in effect to keep everyone safe. Following the law is your civic duty, and will help protect you as well as the people we depend on to do the most difficult and dangerous jobs. If you’ve been accused of violating a traffic law, the best course of action is to speak to the traffic violation lawyers at Mulligan Attorneys. Contact us today for a consultation, by calling 910-763-1100.

Post Separation Support vs. Alimony

Wed, 05 Feb 2020 12:00:00 GMT

Going through marital separation or divorce is often an extremely difficult process that brings with it emotional and financial stress. In many cases, separation and/or divorce leaves one half of a couple without the monetary support they need to rebuild their lives on their own, and that’s where post-separation support and alimony come in.

Both post-separation support and alimony are designed to outline a fair way in which the dependant spouse can seek financial assistance from the supporting spouse. Likewise, both forms of support are designed to help the dependent spouse, as opposed to being used as a form of punishment for the supporting spouse. This is seen in the fact that North Carolina laws award support based more on the financial status of each individual, as opposed to focusing solely on whether either spouse engaged in marital misconduct.

In this article, we’ll discuss the difference between alimony and post-separation support, as well as how couples can get help from a North Carolina family law attorney .

What is Post-Separation Support?

Often shortened to PPS, post-separation support in North Carolina is designed to be a temporary payment that the supporting spouse is court-ordered to pay the dependent spouse. PPS orders either have a date they must be paid in full by or are scheduled to end when alimony is either awarded or denied.

What is Alimony?

Alimony is a longer-term form of support. In North Carolina, courts typically order that alimony should follow a regular monthly payment schedule. The length of time that alimony must be paid depends on the situation and length of the marriage. While PSS is based more on immediate ability and need, an alimony determination is based on many different factors, such as the ability to earn income, length of marriage, and lifestyle during the marriage.

Marital Support Parameters

Assuming that both spouses are legally able to file for PPS or alimony in North Carolina, certain qualifications must be met before either type of support is awarded.

Post-separation support requires that all of the following must be true:

Both parties were legally married,
The individual seeking PSS is the “dependent spouse”,
The individual PPS is sought from is the “supporting spouse”,
The “dependent spouse” cannot meet their own financial needs, and
The “supporting spouse” is financially able to pay PPS.

Alimony requires that all of the following must be true:

Both parties were legally married,
The individual seeking alimony is the “dependent spouse”,
The individual alimony is sought from is the “supporting spouse”, and
An alimony order is fair based on the circumstances of the marriage as they relate to North Carolina alimony law.

Alimony and Post-Separation Support Factors

Whether a court awards PPS or alimony is a highly individualized decision based on the unique circumstances surrounding each case. In general, couples can expect the court to look at the following when determining whether to award post-marital support:

Each individual’s established standard of living
Each individual’s finances
Employment and other income each individual currently receives
Each individual’s earning potential
Debts attributable to each individual or the couple as a whole
Each individual’s current responsibilities in supporting another person (former spouse, children, etc.)
Which expenses are reasonably required to support each individual

Alimony and Post-Separation Support Payments

When awarded, the court order will outline details like the total amount of the award, payment schedule, termination date, etc. Most payments are made using checks or money orders, but medical insurance can also be considered an award. In the case of alimony, a transfer of title of property can qualify as an award, although this is rare. Additionally, the dependent spouse may also be awarded money to cover lawyers’ fees and court costs.

Alimony Termination

When alimony is first ordered, the court will typically establish when payments will end. That said, circumstances may arise that result in alimony ending before the established termination date. Some situations where alimony may end prematurely include:

The death of either spouse
Remarriage of the dependant spouse
The cohabitation of the dependent spouse with another adult in a marriage-like relationship
The spouses resuming a marital relationship with each other
A change in the dependent spouse’s income

If you are interested in learning more about a potential claim or defenses to an action for post-separation support or alimony following your separation, schedule a consultation with the divorce lawyers at Mulligan Attorneys.

Our family law attorneys are knowledgeable and experienced in the areas of post-separation support and alimony, and work hard to effectively advocate for each of our clients and act in their best interest. Speak to a divorce attorney today at 910-763-1100.

The Facts About Holiday Drunk Driving

Sun, 15 Dec 2019 16:42:00 GMT

The holiday season is one of the happiest of the year but it’s also often one of the most dangerous because of drunk driving. Alcohol consumption spikes over the holidays. Many people are celebrating; others are commiserating. Regardless of the reason, more time off work means more time for people to drink.

This seasonal increase in drinking translates to an increase in drunk drivers and, even though law enforcement’s efforts to stop drunk driving also go up, injuries and fatalities still occur as a result.

Holiday Drunk Driving Statistics

During the holiday season, people who drink much tend to drink a little more and people who consume alcohol regularly tend to drink a lot more. On top of that, the weather is often treacherous. All this combined can make the roads a dangerous place. Below are some drunk driving statistics from the 2018 holiday season, as provided by Mothers Against Drunk Driving (MADD)

During December 2018, a total of 839 people died in drunk driving accidents in the United States.
799 of those deaths occurred between Christmas and New Year’s Day.
On Christmas Day 2018 alone, 35 people were killed by drunk drivers.
Of the total roadway fatalities that occurred in Dec. 2018, around 50 percent of them involved alcohol.
Around half of all men and 40 percent of all women say binge-drinking is part of their New Year’s Eve celebrations.
16 percent of adults say they drink more during the holidays than they usually would.
22 percent of people say they feel pressured to consume alcohol at holiday parties.
The National Highway Safety Traffic Administration (NHTSA) estimates that roughly 25,000 people will be injured and 1,200 people will be killed by drunk driving during the 2019 holiday season .

Tips for Staying Sober During the Holidays

It’s easy for the holidays to become a little hectic, but these tips can help prevent things from getting out of hand:

Mix your own drinks. That way, you can control exactly how much alcohol goes into each one.
Avoid stressful situations. Some people are harder to be around than others, and getting frustrated can encourage more drinking. If someone or something is stressing you out, try to remove yourself from that situation.
If you are in AA, try to attend a meeting right before holiday celebrations. Doing so will encourage you to stay strong, avoid drinking, and maintain your sobriety.
Try drinking mocktails. Fake cocktails allow you to enjoy the social aspect of drinking without actually having to consume any alcohol.
Have an accountability buddy. Attend parties with someone who also wants to avoid drinking too much, so you can encourage each other.
Don’t mix alcohols. Doing so will only make you feel worse.
Know yourself. Nobody is more familiar with how much you can drink safely than you are. Be aware of your limits and don’t overstep your own boundaries.
Arrange for a designated driver, or be one yourself! There’s no better way to ensure your safe passage home than by making sure someone sober drives you.
Call a cab if you don’t have a DD. Uber and Lyft are also excellent options for getting home safely.

Drink Responsibly This Holiday Season

There’s nothing wrong with celebrating this holiday season. After all, there are friends and family are in town, holiday parties to attend, and plenty of food, fun, and drinks to go around. But it’s important during the holidays, as it is throughout the year, to drink responsibly and never, under any circumstances, operate a vehicle under the influence of alcohol. Doing so is dangerous, and can result in DWIs, loss of your license, injury, or even death.

If you’re stopped at a DWI checkpoint this holiday season, remember your rights. If you are accused of or charged with drinking and driving, get in touch with the North Carolina DWI lawyers at Mulligan Attorneys ASAP. Simply click here to schedule a free consultation or call us at 910-763-1100.

Marijuana Laws in North Carolina

Sat, 30 Nov 2019 10:00:00 GMT

New marijuana laws have been sweeping the country over the last few years. Whether we’re talking about one of the 10 states (plus Washington D.C.) that have legalized recreational cannabis use, or the 30+ that have passed medical marijuana laws, it’s clear that cannabis reform has arrived.

In North Carolina, however, not much has changed. Marijuana, in any shape or form, is still illegal to possess, grow, or sell. The only exception to this rule is HB766 , which allows for the use of CBD oil as a treatment option for those with intractable epilepsy. Other than that, cannabis is as illegal as ever in North Carolina.

That could soon change, though. A new bill has been proposed that would effectively legalize medical marijuana in our state. But regardless of where future legislation takes us, it’s important to understand the current laws and penalties for marijuana use in North Carolina. And remember, if you or a loved one have been accused or charged with a marijuana-related crime, it’s best to seek the help of the Wilmington, NC criminal defense lawyers at Mulligan Attorneys.

Current North Carolina Marijuana Laws and Penalties

North Carolina has some pretty strict laws regarding cannabis. In fact, our laws are more stringent than most other states. What follows are the main laws regarding growing, possessing, or selling marijuana in North Carolina.

Possession

In terms of possession, having 0.5 oz or less on your person is a misdemeanor and will result in a $200 fine. Having between 0.5 and 1.5 oz is also a misdemeanor, but carries a $1,000 fine and the possibility of 1-45 days in jail. Possessing 1.6 oz of marijuana or more can land you in jail for 3-8 months and saddle you with a $1,000 fine.

Possession with intent to distribute

Possession of 10 lbs or more of marijuana, with the intent to distribute, is a felony. Punishments vary depending on exactly how much cannabis is seized but range from fines between $5,000 and $200,000 and jail time between 25 and 222 months.

Sale or Delivery

Selling or delivering less than 10 pounds of cannabis is a felony carrying a penalty of 4-8 months in jail and a $1,000 fine. The severity of the punishment increases with the amount of marijuana that’s sold, topping out at 222 months in jail and a $200,000 fine.

It’s also worth noting that selling marijuana to a minor or a pregnant woman will automatically result in a felony charge and 3-8 years of jail time. Selling or delivering cannabis within 1,000 feet of a school, childcare center, or park is a felony that will land offenders in jail for 1-3 years.

Cultivation

Growing marijuana in North Carolina is a felony, regardless of how much is grown. Small grow operations that total less than 10 lbs will result in a $1,000 fine and 3-8 months in jail. Again, the punishments increase as the amount of cannabis grown increases but top out at $200,000 in fines and 14.5-18 years in jail for someone who’s convicted of growing 10,000 lbs of cannabis or more.

There are a number of smaller charges that can be handed down for things like paraphernalia, possession of concentrates, and other miscellaneous crimes involving marijuana. Additionally, some sentences may also include the stipulation that the accused must enroll in some form of drug treatment or counseling program.

Is Medical Marijuana Legal in North Carolina?

Not yet, but that is likely to change soon. Several bills have been brought forth since 2014, but none have been successful. However, considering all of the states that have legalized medical marijuana since that time and growing support amongst residents, there is a good chance that HB401, the medical marijuana bill introduced in early 2019, will be successful.

HB401 will create the Medical Cannabis Act in North Carolina, which will allow patients to apply for a medical marijuana card if they meet certain eligibility requirements. HB401 also protects patients, as well as their doctors and caregivers, from prosecution or arrest for buying or possessing medical marijuana, as long as they purchase it from a state-sanctioned dispensary and don’t have more than 24 ounces in their possession at any given time.

The Medical Cannabis Act would also prohibit schools, employers, or landlords from refusing to enroll, employ, or lease to (or otherwise penalize) someone because of their status under the act. Additionally, anyone under the influence of medical cannabis is prohibited from operating a motor vehicle, aircraft, or motorboat while impaired. If you’re interested in more details about North Carolina’s proposed Medical Cannabis Act, you can read HB401 here .

North Carolina Marijuana Criminal Defense Attorneys

Though we will keep an eye for updates in HB401, for now, cannabis use of any kind remains illegal in our state. If you or a loved one has been charged with possession of marijuana in North Carolina, or any other marijuana-related crime, it’s important to work with an experienced criminal defense lawyer .

Contact the Mulligan Attorneys ASAP to protect your rights and ensure you are represented fairly. Call us at 855-392-7752 for a free consultation or schedule your meeting online .

What to Expect at a DWI Checkpoint

Tue, 26 Nov 2019 12:00:00 GMT

Also known as sobriety checkpoints, police officers will often set up a DWI checkpoint on weekends or holidays in areas surrounded by bars and restaurants. Some checkpoints are used to stop every car that comes through and others keep traffic moving by only stopping every few cars.

According to the Fourth Amendment, police need probable cause to stop a vehicle in most cases. However, the Supreme Court ruled that temporary DWI checkpoints are constitutional since the benefit of taking drunk drivers off the road outweighs the minor inconvenience of an innocent driver being stopped.

Since anyone can be stopped at a checkpoint, drunk or not, it’s important to know what happens at the average checkpoint, what your rights are, and how you should and should not behave during the stop. And remember, if you are accused of a crime and arrested, your first call should be to the North Carolina drunk driving lawyers at Mulligan Attorneys.

North Carolina DWI/DUI Checkpoint Laws

Sobriety checkpoint laws are different in every state. In North Carolina, DWI checkpoints are legal as long as they meet the following criteria:

Either all cars must be checked or they must be selected according to a pattern (e.g. every fifth car, every third car, etc.).
The purpose of the checkpoint must be limited to detecting impaired drivers. It cannot be used to check for other crimes.
The checkpoint must be marked by flashing blue lights.

It should also be noted that, in some places, drivers are allowed to evade checkpoints as long as they do not make an illegal maneuver. This is not the case in North Carolina however, where the law lets police follow drivers who evade checkpoints and pull them over for “attempting to elude an officer who was in the lawful performance of his duties.”

What Happens at DWI/DUI Checkpoints

Drivers who are stopped at checkpoints in North Carolina are often briefly questioned while law enforcement attempts to determine if they are driving under the influence.

If you are asked to stop, the officer will first approach your car and ask you to roll your window down and, most likely, request that you turn your engine off. Next, just like in a traffic stop, they’ll ask for your license, registration, and proof of insurance. While they review your documentation, they may ask you questions about where you’re coming from, where you’re driving to, and whether you’ve been drinking.

Remember, you do not have to answer these questions. It is your Fifth Amendment right to remain silent and, in most cases, it is strongly recommended that you do so until you can speak to a North Carolina DUI/DWI lawyer . Not only could you potentially say something incriminating but, if you have been drinking, you risk slurring your speech.

In addition to slurred speech, law enforcement is also checking to see if the driver:

Has red and/or flushed skin
Is having trouble paying attention
Smells like alcohol (or if their breath does)
Seems confused or disoriented
Has bloodshot eyes
Seems lethargic or excessively sleepy

Sobriety Testing at DWI/DUI Checkpoints

If the police have reason to believe that you’re drunk or otherwise impaired, they may ask you to step out of the vehicle so you can take a field sobriety test. Some of the tests you may be asked to do include:

Standing on one leg – The officer will test your balance by asking you to lift one foot at least six inches off the ground while keeping your arms at your side.
Walking and turning – This is another balance-oriented test where the driver must walk heel to toe for several paces forward before turning on one foot and walking back the same way.
Nystagmus – This test is performed when the officer asks you to follow an object being moved around in front of you while using only your eyes.

An officer will consider a test “failed” if the driver:

Doesn’t listen to the instructions before starting the test
Cannot focus or stay balanced while listening to the instructions
Can’t walk in or along a straight line
Cannot stay balanced without wobbling, hopping, or using their arms
Turns when they shouldn’t
Stops walking when they shouldn’t
Doesn’t follow all instructions exactly

While you may also be asked to touch your finger to your nose, count, or recite the alphabet as a means of determining your sobriety, it’s not likely to happen since these are not one of the sobriety tests endorsed by the National Highway Traffic Safety Administration (NHTSA) .

What Are Your Rights at a DWI/DUI Checkpoint?

We’ve already discussed that you should exercise your right to remain silent at a DWI/DUI checkpoint, but you also have rights when it comes to field sobriety testing.

There is no law that requires drivers to submit to field sobriety tests. So, should you refuse field sobriety tests in North Carolina? The answer is yes, given that the results of these “tests” will only be more evidence to use against you in court. No matter what they say, law enforcement officers cannot force you to take a field sobriety test, nor can your refusal be used to punish you in any way. If you are asked to take one, your best course of action is to politely decline to do so.

If the officer has probable cause to suspect that you are driving drunk, they can (and will) ask you to take a blood alcohol content (BAC) test. North Carolina is an “implied consent state,” which means you have to take a BAC test when asked. If you refuse, you will automatically have your license revoked for at least one year and will have to figure out how to get around without a driver’s license.

Fortunately, even though you have to take a BAC test if asked, you do have certain additional rights covered by North Carolina’s BAC testing laws.

What to Do If You’re Stopped at a DWI/DUI Checkpoint

No matter how annoyed or inconvenienced you may be by having to stop at a sobriety checkpoint, it’s important to always interact with law enforcement officers in a polite and respectful way. This means saying please and thank you when applicable, keeping your hands where the officer can see them at all times, and refraining from using disrespectful language or gestures.

Even if you know exactly what to do at a sobriety checkpoint, you can still be accused of and arrested for driving while intoxicated. That’s why it’s extremely important that you contact a North Carolina DWI attorney as soon as possible. If you don’t, you could face jail time, hefty fines, and several other very serious consequences. Even the consequences of an underage DWI can be incredibly severe.

Mulligan Attorneys knows how to assess the situation and determine the true validity of any tests that may have been administered to you. We can also help you prepare for your DWI hearing and learn how to get limited driving privileges if you’re eligible. If you’ve been wrongfully accused of a DWI in North Carolina, give Mulligan Attorneys a call at 910-763-1100.

Yours vs. Mine: Marital Property in North Carolina

Wed, 30 Oct 2019 14:00:00 GMT

Going through a divorce is always difficult emotionally. When you add additional stressors to it such as going through the process of marital property division, divorce is even harder.

Fortunately, Mulligan Attorneys can help make this process easier. We’ve been practicing family law in North Carolina for years and have helped many couples navigate the division of marital property. In addition to speaking with a lawyer, it’s also a good idea to educate yourself on North Carolina’s marital property laws so you can understand the process and potential outcomes.

What is Marital Property in North Carolina?

In the course of a divorce in North Carolina, property is classified in different ways depending on when it was acquired and whether it was a gift. It’s also important to note that any debts held, either by the couple or each party as an individual, are included when dividing marital property after a divorce.

All properties and debts in question during a divorce fall into one of the following three categories:

1. Marital Property

Marital property includes any physical property as well as any debt acquired by the couple between the date of their marriage and the date of their separation. Marital property also includes retirement benefits, pensions, and other types of deferred compensation acquired during the same timeframe.

2. Separate Property

Anything owned by either party prior to the marriage or gained/lost after separation is considered to be separate property. Personal gifts and inheritances also fall into this category as long as they are specifically given to one party and not the couple as a unit.

Anything bought with funds resulting from the sale of separate property will also count as separate property, even after separation. For example, if a woman owned a car before she got married, sold it while she was married, and used that money to buy a new car, the new car would remain her separate property after the divorce.

3. Divisible property

Any change in the value of the marital property during the time between the separation and the divorce settlement is considered divisible property. This includes tangible property, debts, and passive income (e.g. rent, interest payments).

For example, if a couple bought a house while married, and the value of that house went up after the separation but before the divorce was finalized, that is considered divisible property.

Dividing Marital Property in North Carolina

With separate property defined as belonging exclusively to one spouse or the other, only divisible property and marital property come into play during the divorce process.

North Carolina is an equitable distribution state, which means that if the couple cannot amicably agree on how property should be divided, the court must determine how to do so fairly. In many cases, the court decides on a 50/50 split of all marital and divisible property. That said, there are factors that could lead the court to order an unequal distribution of property.

To determine how divisible and marital property should be split between a couple, the court will often factor in the following:

What the income and expenses will be for each party after the settlement is complete
Obligations to pay support after a past marriage
Duration of the marriage
The health of both parties
The need of the parent with custody over children from the marriage to live in the marital home
Additional economic factors pertaining to expectations of revenue from businesses, interest, pensions, etc.

If you are in need of a divorce lawyer in North Carolina , contact Mulligan Attorneys. We can help you with the entire process, from filing the initial paperwork through a resolution, either in or out of court in order to make sure you have the best chance at getting the settlement you deserve. Schedule your consultation online or call us at 910-763-1100 for more information.

Halloween Safety Tips for Kids, Adults, and College Students

Mon, 21 Oct 2019 20:46:00 GMT

Autumn brings with it cooler weather, falling leaves, and one of the most fun holidays of the year: Halloween. Long seen as a holiday for just kids, nowadays you can find all ages dressing up and enjoying this spooky season.

Tricks and treats aside, some of Halloween’s traditions can be a little dangerous. Fortunately, Mulligan Attorneys has all the tips children, parents, and students need to enjoy a Halloween that’s safe and fun!

Safety Tips for Trick-or-Treaters

Each year around 41 million children will visit over 120 million houses on Halloween night. While the safest way for kids to trick-or-treat is with a trustworthy adult, not every child who goes out on Halloween night is supervised. If you have kids who are going out without you this Halloween, make sure you:

Come up with a trick-or-treating plan. Outline a route for your kids to follow and establish a curfew so you know when they’ll be home.
Make sure they have a way to contact you. If they don’t have their own cell phone, it might be a good idea to lend them one and make sure there’s an easy way for them to call you if they need you.
Have them use the buddy system. There’s safety in numbers. Kids who are trick-or-treating without an adult present will be safer in a group than they will be alone.
Talk about stranger danger. Go over what kids should do if they are approached by a strange adult. You should also emphasize to children that they should never accept an offer to go into someone’s house or vehicle no matter what.
Choose costumes wisely. Encourage your child to select a light-colored costume so they’re more visible at night, or simply put some reflective tape on their costume. Kids should also avoid costumes with masks or wigs, as these can obstruct their vision and pose a safety concern.
Always test makeup before the big night. Do a small test patch of makeup on the skin on the inside of your child’s risk to ensure they’re not allergic before you use a larger amount.
Teach kids not to accept homemade treats. The fact of the matter is, you just don’t know what’s in homemade candies or food. It’s best to simply teach your kids to politely decline offers like this.
Talk about pedestrian safety. Make sure kids know when and where it’s safe to cross the street.
Give them a flashlight. It’s not a bad idea to send them off with some extra batteries as well!
Tell them to only go to homes with their porch lights on. This is an age-old indicator of whether a house is participating in Halloween and, generally, no porch light means no candy.
Make sure kids know what to do in an emergency. Teach them when it’s appropriate to call 9-1-1, how to do so, and what to do afterward.
Instruct them to wait until they’re home to eat candy. It’s always best to inspect Halloween candy before eating it, and this is best done by an adult, at home, where it’s brighter and easier to see.

Halloween Party Tips for College Students

Well past their trick-or-treat years, on Halloween you can find most college kids at parties or hanging out with their friends. Students who find themselves out this Halloween should do the following:

Follow the law. Halloween is a night where many are tempted to pull pranks or get into activities they shouldn’t. Observe the law and refrain from engaging in anything illegal, like vandalism or underage drinking. Remember, punishments for underage DWIs in North Carolina are very harsh.
Drink responsibly. If you are of legal drinking age, make sure you do so safely. Practice moderation and never drive under the influence. Instead, find another way home by calling a friend, riding a bus, or make use of ridesharing.
Go with a friend. It’s always safer to attend parties with someone you know than it is to go alone.
Don’t go to/throw a party with people you don’t know. Make sure you’re comfortable with and trust whoever is attending the party or whoever you’re inviting to yours.
Never leave your drink unattended. This is a good rule to follow any time you’re drinking, not just on Halloween. Take your drink with you everywhere you go and don’t accept drinks from strangers since you just never know what someone may try to put in your drink.
Be strategic with your costume. For example, if you’ll be outside all evening, make sure your costume is warm. Or, if you plan on walking a lot, avoid wearing heels or costumes that restrict your movement.

Halloween Tips for Adults

Whether you don’t have kids or just don’t feel like attending/throwing a Halloween party, you may still choose to participate in the holiday. If your neighborhood hosts trick-or-treaters each year, here are some things you can do to ensure this year’s festivities go off without a hitch:

Check your porch light to make sure it’s working. If not, replace the bulb! That’s the only way kids know whether or not your house is open for business on Halloween.
Make sure the porch light is off if you don’t want visitors. There’s nothing worse than having multiple groups of sugar-crazed kids knocking on your door and asking for candy when you have none to give them.
Make sure your sidewalks and driveway are clear. Clear your walkways of things like sports equipment, snow, or wet leaves to reduce the risk of someone tripping and falling.
Keep your pets restrained. It’s best to put animals in their crates or in a separate room to ensure trick-or-treaters or party guests can avoid dog bites or cat scratches.
Practice safe carving. If you have kids you’ll be carving pumpkins with, it’s best to let them draw the outline and do the carving yourself to avoid injuries.
Go flameless. The last thing you want is for a knocked-over jack-o-lantern to start a fire. Consider using glow sticks or battery-operated candles instead of real ones!
Be extra cautious while driving. Kids can be unpredictable and younger ones may run out into the road without warning. If you drive on Halloween night, stay hypervigilant, drive slowly, and don’t use your phone.
Don’t forget about food allergies. If you are giving candy out, avoid things with nuts or soy so that kiddos with food allergies won’t have to worry as much.

Stay safe, have fun, and be responsible this spooky season. Happy Halloween from Mulligan Attorneys ! And remember, if you are pulled over for a traffic violation or DWI this Halloween night, we may be able to help. Call us at 910-763-1100.

How to Get Around in North Carolina Without a Driver’s License

Fri, 06 Sep 2019 14:00:00 GMT

There are many DWI penalties in North Carolina, from fines and fees to jail time and community service. While all of them are inconvenient, to say the least, many people finding transportation after license suspension or license revocation is the most difficult DWI punishment to endure.

North Carolina drivers who commit DWIs may have their driving privileges taken away, making things like getting groceries, transporting your children, or taking yourself to work or school much more difficult. While license revocation in North Carolina does leave you with fewer ways to get around, there are alternative transportation options for drivers with suspended licenses to make use of.

1. Walk

Walking is always a cost-efficient way to get around, assuming you’re physically able to. If you live in a major city, you probably have things like grocery stores or banks within a 15-minute walk of you. Plus, it’s a great way to get some extra exercise.

2. Bike

Biking is a truly efficient way to get around both large metropolises and rural areas. If you don’t own a bike, you can purchase one online or at a thrift store for a reasonable price. Some places also have bike shares with multiple locations throughout the city that allow you to rent a bike for a very small fee and return it to any location.

3. Try roller skating, scooting, or skating

These may seem like a rather juvenile way to get around, but they are pretty cost-effective. They’re also a lot faster than walking, which certainly makes them worth a try!

4. Try ridesharing

Now that companies like Lyft and Uber are commonplace, it’s pretty easy to grab a ride going just about anywhere. All you have to do is download the app, fill in your payment information, and tell them where you want to go. Within minutes a car will arrive to pick you up and take you to your destination. Short rides typically cost less than $10, while longer rides can vary depending on the distance. Whether this is a financially feasible option for you will depend on where you’re going and how often you need to go there.

5. Carpool

Asking a friend or family member for a ride is always a good bet. They may not be able to take you everywhere all the time, so it isn’t always the most reliable option. But if you work out your schedule with them, they may be perfectly willing to drive you around for either a minimal cost or no cost at all.

6. Take public transportation

There are multiple bus lines in cities all over North Carolina. All you need to do is learn your local bus schedule and plan your time wisely. Additionally, cities like Charlotte, NC have rail lines to make getting around even easier.

7. Take a taxi

Before there were rideshares and public transport, people who couldn’t drive got around in good, old fashioned cabs. Taxi services are still going strong in most cities. They’re also one of the best options for people with disabilities, as wheelchair accessible taxis are becoming more commonplace.

8. Check with community groups

Occasionally community organizations or churches will offer some kind of program to help those in need of transportation. While you may need to check if you’re eligible before counting on this, it’s definitely worth looking into.

9. Apply for limited driving privileges.

You may be able to drive again after a DWI if you meet the eligibility requirements for limited driving privileges in North Carolina. Though you will still be restricted as to where you can drive and when, this is a much better option than not being able to drive at all.

Public Transportation Tips

If you do decide to make use of public transportation options in North Carolina, here are a few tips to make your journey easier:

Leave plenty of extra time. Buses and trains can run late or early, so make sure you plan accordingly to ensure you get to your destination at the right time.
Have your route memorized and make sure you have several backup routes and times memorized as well.
Get a pass. Monthly or yearly transportation passes work out to be much cheaper than buying daily fares.
If you don’t have a pass, make sure you have exact change. There’s nothing worse than getting on the bus and realizing you can’t pay the fare because you only have larger bills.
Don’t put your feet on the seat. Public transportation is for everyone, which means it’s everyone’s responsibility to take care of it and be respectful.
Don’t leave your bags unattended, as they could get stolen or picked up accidentally
Stay alert. Don’t fall asleep and, if you read or listen to music, keep track of when your next stop is.
Sanitize your hands. Public transportation isn’t traditionally the cleanest place to be, so it’s a good idea to wash your hands after your ride.

Penalties for Driving on a Suspended License

Whether your license has been suspended or revoked, you could face severe penalties if you decide to drive anyway and get pulled over. Punishments depend on why you were pulled over and your previous record but can include criminal charges , fines, jail time, alcohol monitoring, and a longer suspension period. If you or a loved one have been charged with a DWI or need help applying for limited driving privileges, the North Carolina DWI Lawyers at Mulligan Attorneys, can help. Contact us for a free, no-obligation consultation and find out whether you have a case – 910-763-1100.

Cyberbullying Laws in North Carolina

Tue, 27 Aug 2019 20:53:00 GMT

Before the internet, the only time a child was likely to encounter a bully was during the school day. Now that almost every kid has their own cell phone, Instagram, and Facebook account, bullies have far more opportunities to torment their victims outside of school. Bullying has evolved into cyberbullying.

Since many bully/victim relationships start in school, teachers in North Carolina are trained on how to handle bullying in the classroom. Unfortunately, cyberbullying is much harder to manage.

If your child is involved in bullying, it’s important to be well-versed in North Carolina’s cyberbullying laws and penalties. It’s also important to talk to a North Carolina cyberbullying lawyer to get ahead of the situation as soon as possible.

The Definition of Cyberbullying

The Cyberbullying Research Center describes it as, “Intentional and repeated harm inflicted through the use of computers, cell phones, and other electronic devices.”

Cyberbullying can happen via social media, text messages, video gaming, online forums, and through a variety of apps. It typically comes in the form of negative or false content or media that is designed to embarrass or humiliate another person.

As an adult, you might be surprised by some of the statistics. About one-third of kids between the ages of 12 and 17 have experienced cyberbullying at least once. Girls are more likely to be bullied online than boys and an astonishing 50% of LGBTQ+ have had to endure cyberbullying attacks. As DoSomething.org points out , this all translates to a greater risk of self-harm and suicidal thoughts or behaviors amongst bullied kids.

What is Cyberbullying in North Carolina?

Cyberbullying is covered and punished under North Carolina’s bullying laws . As far as the state is considered, bullying and cyberbullying must include a “pattern of gestures or written, electronic, or verbal communications, or any physical act or any threatening communication” that:

Causes a student to experience actual or reasonable fear of harm to themselves or their property.
Creates a hostile environment. This means the victim perceives the behavior to be bullying and the behavior is aggressive enough that any reasonable person would agree.
Affects the student’s performance in school or in other areas of their life (social, personal, family, etc.)
May be discriminatory and inflicted on the basis of race, gender, sexual orientation, color, religion, abilities/disabilities, socioeconomic status, or appearance.
Involves an imbalance of power
Has occurred on more than one occasion

The laws were originally written for instances of bullying that occur on campus, but it should be noted that when the above acts occur off-campus, it is considered cyberbullying. Both of these crimes can be punished with criminal sanctions under North Carolina law.

Types of Bullying

Bullying typically can be broken down into three categories: physical, social, and verbal. Since cyberbullying takes place solely online, there is no physical component. Some examples of the social and verbal bullying that can happen online include:

Name-calling
Spreading rumors/false information
Taunting
Threatening physical harm
Inappropriate sexual comments
Teasing
Intentionally embarrassing the victim in a public forum
Purposefully excluding the victim from participating in an activity
Telling others to purposefully ignore, exclude, or be mean to the victim

North Carolina School Bullying Policies

Since 2009, school administrators have been required to implement anti-bullying policies and outline who is in charge of enforcing them. Each district’s anti-bullying policy must contain key elements that include, but are not limited to:

A definition for bullying that is no less inclusive than the state’s official definition
Statements that prohibit the defined behavior
Statements that prohibit retaliation against someone who reports bullying
Descriptions of both define and expected behavior for students and staff
A system for reporting and investigating accusations of bullying
Consequences of bullying
Consequences for retaliating against someone who reports bullying
Information on how the policy will be publicized

Penalties for Cyberbullying in North Carolina

Cyberbullying can be punished as either a class 1 or class 2 misdemeanor. In some cases, it can cross the line into stalking, which is a class A1 misdemeanor punishable by fines, jail time, and/or community services. Generally, cyberbullying is punished depending on the circumstances of the case, the defendant’s age and criminal history, and how the jury sees fit to proceed.

In addition to seeking criminal charges, victims may also elect to bring a civil case against the bully. If the victim has a case, they could receive compensation for things like emotional trauma and therapy costs.

Contact a North Carolina Cyberbullying Attorney

Cyberbullying can have a serious effect on the lives of both the victim and the perpetrator. Criminal charges should be taken very seriously and so should the emotional damage done to the victims. Learn more about making use of the cyberbullying resources provided by North Carolina Public schools . If your child has been accused, contact the lawyers at Mulligan Attorneys, (910) 763-1100.

8 Steps to Take After a Motorcycle Accident

Wed, 31 Jul 2019 14:00:00 GMT

The risk of being injured in a motorcycle accident is much higher than in a car accident. Cars have safety features like metal frames, shatterproof glass, and airbags whereas motorcycles, of course, do not. Motorcyclists are exposed to the elements and, though they can (and should) wear a helmet and protective gear, that’s simply not More

Limited Driving Privileges in North Carolina

Wed, 24 Jul 2019 16:21:00 GMT

If you’re arrested, charged, or convicted of driving while intoxicated (DWI) in North Carolina, you will face some kind of license suspension. The good news is, if you are eligible, an experienced North Carolina DWI attorney may be able to help you obtain limited driving privileges.

When Can Driving Privileges be Revoked?

In addition to losing your license for drunk driving, you can also have driving privileges revoked in North Carolina for:

Obtaining 12 points within a three-year period
Vehicular manslaughter
Aggressive driving
Reckless driving
Using a vehicle to flee arrest
Excessive speeding
Racing on public roads
Failing to move for emergency vehicles
Passing stopped school buses
Transporting illegally-made liquor with the intent of selling
Receiving moving violations on an already-suspended license

The length of the suspension varies depending on several factors. For instance, the suspension period for a conviction is much longer than if the accused is charged but not convicted. Previous DWI arrests and convictions can also factor into how long a driver’s license is suspended.

What are Limited Driving Privileges?

Limited driving privileges allow someone whose license has been suspended to drive for “essential purposes.” Some activities that may be deemed essential include:

Going to work
Going to school
Maintaining the household
Attending court-ordered events, such as substance abuse assessments, treatments, or community services
Going to the doctor or physical therapy
Complying with religious obligations

Eligibility for Limited Driving Privileges

When someone is accused of a North Carolina DWI , their license is automatically suspended for 30 days. However, some drivers may be eligible for limited driving privileges on the 11th day of that period if they:

Had a valid license, or a license that was expired for less than one year, during the time of the arrest
Had not received any DWI charges during the previous seven years
Have not been charged with any DWI charges since the one resulting in suspension
Are able to provide proof of insurance with a DL-123 form
Undergo and submit a substance abuse assessment
Pay a $100 fee to the clerk of court

Unfortunately, not everyone who meets these criteria will be eligible for privileges. Certain circumstances may require the accused to meet additional eligibility requirements and/or wait longer before applying. For example:

BAC testing in North Carolina operates around implied consent law. This means that, if you are asked to take a BAC test and refuse, your license will automatically be suspended for one year. In this scenario, you’ll have to wait six months before applying for limited driving privileges.
If your BAC is 0.15% or more at the time of testing, you won’t be eligible for limited driving privileges until 45 days after a conviction. You’ll also be required to install an ignition interlock device before potentially being awarded limited driving privileges.
If you’re convicted of a level one or two DWI, you will not be able to receive limited driving privileges.

If you are charged with underage DWI, you will not be able to receive limited driving privileges. This is true even if you turn 21 before you are convicted.

Restrictions on Limited Driving Privileges

Being awarded limited driving privileges in North Carolina doesn’t mean you can drive wherever you want, whenever you want. Those with limited driving privileges are only able to drive between the standard hours of 6 a.m. and 8 p.m. If you need to drive outside of those hours for work or school, you must submit a letter (from your employer or school) that outlines exactly when you need to be able to drive.

Additionally, you must keep your court order in the vehicle you are operating. If you are pulled over and you do not have this document, you can be arrested for driving on a revoked or suspended license. It is important to note that you must have the original, signed court order (complete with the raised seal) in order for your limited driving privilege to be considered valid in the eyes of law enforcement.

Punishments for Violating Limited Driving Privilege Restrictions

If you do not adhere to rules surrounding your limited driving privileges, you could:

Be charged with “driving while license revoked for impaired driving,” a Class 1 misdemeanor
Face up to 120 days in jail
Face an additional period of license revocation
Have your vehicle seized and/or sold (in some cases)
Be made to pay for towing, storage, and vehicle sale costs
Be required to forfeit your insurance proceeds

If you have been arrested for, charged with, or convicted of a DWI in North Carolina, an experienced DWI lawyer may be able to help you obtain limited driving privileges. At Mulligan Attorneys,, we’ll be with you every step of the way, from that first phone call, to DWI hearings, to the final verdict.

If you need help getting limited driving privileges in North Carolina, contact us or give us a call at 910-763-1100 to schedule a free DWI consultation.

How to Avoid Dog Bites

Tue, 25 Jun 2019 14:00:00 GMT

Whether a dog bites isn’t determined by how familiar you are with them, nor is it determined by breed, gender, or size. The fact of the matter is that any dog can bite at any time with little to no warning and, when they do, the consequences can be grave.

According to the Centers for Disease Control (CDC) , one out of every five people who are bitten by dogs has to seek medical attention. Dog bites are not only painful but can lead to infection if not treated properly. Bite wounds to the head and neck are especially serious.

The good news is, most dog bites are preventable. With a little common sense and a basic understanding of a dog’s psychology, most encounters with dogs, stray or otherwise, can be positive.

Why Dogs Bite

Despite what some people think, there is little evidence to suggest that certain types of dogs are more prone to bite than others. This is because all dogs can become aggressive if they are afraid or feel their environment has become hostile.

Fortunately, you can recognize signs of aggression fairly easily. Some common signs include, but may not be limited to:

Raised/puffy looking fur
Ears that are pointed straight up or forward
A tail that is standing straight up or is between their legs
Growling
Lunging
Barking
Lip licking
Snarling/curled lips
Frequent yawning
Eyes that are wide with visible whites

Remember, you should be alert and observant any time you are around any animal. Even a dog whose tail is wagging can be an aggressive dog.

Preventing Dog Bites

Knowing how to behave around dogs is the number one step toward dog bite prevention. The following suggestions on how to treat dogs can go a long way toward avoiding negative interactions:

Always ask if it’s ok before petting someone’s dog and never approach a stray dog.
Be quiet and calm around dogs. Avoid making loud noises, shouting, or making sudden movements so you don’t startle them.
Never interfere with a dog that is eating, sleeping, or tending to puppies.
Do not engage in aggressive or violent play such as hair, tail, or ear pulling.
Never attempt to corral or corner a dog.
If a dog doesn’t appear to be interested in you, do not force interaction.
If you are being approached by a dog (stray or otherwise) stand still, don’t directly face the dog, keep your arms by your side, and don’t make eye contact.
If the dog appears friendly, crouch to their level and allow them to sniff you before petting them.
If you notice signs of aggression, slowly back away from the dog while saying “good dog” or “it’s ok” in a calm, friendly tone. Continue to back away until the dog loses interest or you can get to safety.
If a dog charges or lunges, remember: you cannot outrun a dog. Instead, say “no” in a loud, firm voice. Try to put something between you and the dog, like a tree, fence, stick, or any other object. Continue to try to back away.
If the dog attacks, shout for help while curling into a ball and doing your best to protect your head and neck.

Education is prevention. Be sure to review the above rules with children and remember to never leave a child alone with a dog, even for a moment.

Consequences of Dog Bites

Many people associate dog bites with contracting rabies. While rabies is a serious disease, and it can be transmitted via dog bite, it is not a common occurrence. Additionally, there are several other diseases that contracted from a dog bite, including MRSA, Pasteurella, and tetanus.

All of these conditions can cause serious medical issues and, in some cases, death. That is why it is absolutely critical to know what to do when a dog bites and seek medical attention immediately.

Finally, if you’ve been bitten by a dog, you should contact a North Carolina personal injury lawyer as soon as possible. If you were harmed by a “dangerous dog,” the attorneys at Mulligan Attorneys, may be able to help you receive compensation for your injuries. Contact us to schedule a consultation and learn what your rights are.

BAC Testing Laws in North Carolina

Fri, 14 Jun 2019 20:23:00 GMT

Driving while impaired (DWI) is a serious conviction that can result in multiple penalties. For a person to be convicted however, North Carolina law enforcement must test their BAC and prove that they were, in fact, under the influence of drugs or alcohol.

In North Carolina, drivers over 21 are considered to be driving while intoxicated if their BAC is 0.08% or above. Additionally, commercial vehicle drivers can be charged with DWI if their BAC is 0.04% or above and a “zero tolerance” law applies to underage drunk drivers.

Proof of intoxication is typically obtained by conducting a blood alcohol content (BAC) test using one of three methods. But, before we review these methods, it is important to understand North Carolina’s implied consent law.

Implied Consent Law in North Carolina

In North Carolina, if a police officer asks you to take a BAC test, you are obligated to agree. You still have the option to refuse to take a blood-alcohol test, but doing so will mean immediately losing your license, potentially for up to one year.

Whether you refuse a BAC test is up to you. What is most important is that you do not risk incriminating yourself by saying anything to the police officer about whether you’ve been drinking. Remember, you have a right to remain silent, and you should exercise that right until you are able to speak to a North Carolina DWI attorney .

BAC Breath Test

In North Carolina, police officers use breathalyzers to conduct breath tests. The accused is asked to exhale forcefully into the mouthpiece and the device measures the alcohol that’s detected on their breath.

Breathalyzer tests are convenient, portable, and easy to administer, so it’s no surprise that this is the most common way police test a suspect’s BAC. Though they’re most commonly used during DWI arrests, police officers can also give breathalyzer tests at DWI checkpoints. Additionally, an officer can request a breath test during a traffic stop or at an accident scene if they have reason to believe alcohol use was a contributing factor.

Breathalyzer Test Rights

Despite the rigidness of the implied consent law, there are rules police must follow during a breathalyzer test that are designed to protect the suspect’s rights. For instance, the suspect must be observed for a minimum of 20 minutes before being given a breathalyzer test.

Suspects are also entitled to have a witness present, and the arresting officer must allow 30 minutes for the witness to arrive before administering the breathalyzer. The officer giving the test must be trained in how to do so. Finally, for breathalyzer results to be admissible in court, the officer must give two tests and the results of the tests must be within 0.02% of each other.

Breathalyzer Accuracy

It’s important to note that, while breathalyzer tests are fairly accurate, they aren’t the most accurate way to test BAC. This is because physical differences between people and environmental factors can both affect a breathalyzer reading. But these aren’t the only reasons breathalyzer tests can be inaccurate.

There are a variety of unique circumstances that can cause a breathalyzer to indicate that someone is more intoxicated than they actually are. For instance, vomiting within 20 minutes of taking the test can cause an exaggerated reading. Recently ingested medicines, mouthwashes, and breath fresheners that contain alcohol can also cause false readings. Additionally, a malfunctioning or poorly calibrated breathalyzer can skew test results.

Despite all of this, breathalyzer test results are considered accurate enough to use in court to achieve a conviction. If you suspect that your breathalyzer test results were inaccurate, you should contact Mulligan Attorneys,. We may be able to help determine whether the circumstances surrounding the breathalyzer test could have resulted in a false reading.

BAC Blood Test

BAC blood tests are much more difficult to administer, which is why they’re used far less often than breathalyzer tests. Typically, a blood test is only used in scenarios where the suspect is unable to use a breathalyzer.

For instance, if the suspect has a diagnosed medical condition or if they were just injured in an accident , they may not be physically capable of blowing into a breathalyzer machine. An officer might also choose to run a blood test if they have reason to believe the suspect is under the influence of drugs instead of alcohol.

Blood Test Rights

Suspects who don’t agree to allow a blood test are subject to the punishments associated with implied consent law. That said, even those who refuse blood tests may be forced to give a sample. Under the Fourth Amendment, law enforcement may obtain search warrants that allow them to “search” a person’s blood.

Law enforcement can also require you to give blood if they cite exigent circumstances. This allows your blood to be “searched” on the basis that the findings may disappear with time. Under exigent circumstances, police are not required to have a search warrant to conduct a blood test.

Blood Test Accuracy

Blood tests tend to be the most accurate way of determining how much alcohol or drugs are in a person’s system. That said, there are many ways the results can be skewed, as human error can play a big role in destroying the validity of blood test results.

For example, blood samples that aren’t stored properly can coagulate and provide an inaccurate reading. The person(s) handling the sample can affect readings if they don’t properly sterilize their equipment or possess the knowledge to accurately perform the blood draw. Finally, blood samples can also be easily contaminated or swapped with other samples.

BAC Urine Test

Urine tests may be used when it is not possible to conduct a blood or breath test. Police officers may also request urine samples to validate the results of a breath test or if they suspect the influence of drugs. Urine tests are the best way to detect all kinds of drugs, from narcotics to cannabis.

Urine Test Rights

As with the other two forms of BAC testing, implied consent is a factor with urine tests. You can refuse to give a sample, but you will be subject to the same punishment of losing your license for up to one year.

Urine Test Accuracy

Testing urine is the least accurate way to determine someone’s blood alcohol content. Plus, since urine samples are handled and stored much like blood samples, they’re prone to human error and contamination.

Urine also isn’t a great way to determine BAC because it can take a couple of hours for alcohol to show up. Additionally, traces of alcohol can be found in urine for up to 24 hours after consumption. Finally, small amounts of alcohol in food and medicine can result in misleading BAC readings.

At the end of the day, hiring a DWI lawyer is the best way to protect yourself if you’re accused of driving while intoxicated in North Carolina. At Mulligan Attorneys,, we can help assess whether a breath, blood, or urine test has been contaminated or misinterpreted; and we know how to prove our point in court. Let us help you through this difficult time. Call us at 910-763-1100 to schedule your consultation .

What to Expect During Your DWI Hearing

Wed, 29 May 2019 09:00:00 GMT

North Carolina takes DWI (driving while intoxicated) very seriously. In fact, our state has some of the strictest laws in the country when it comes to this offense. One of the punishments for driving while impaired in North Carolina includes the potential loss of your license. Depending on how many times you’ve been convicted of More

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North Carolina Shoplifting Crimes and Punishments

Tue, 21 May 2019 16:25:00 GMT

Shoplifting charges and the penalties they carry are different throughout the country. The two main charges associated with shoplifting in North Carolina are concealment of goods and larceny of goods. Additionally, there are several other kinds of charges that can be associated with shoplifting. What someone is charged with in a shoplifting case depends on More

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The Consequences of an Underage DWI in North Carolina

Tue, 30 Apr 2019 10:00:00 GMT

North Carolina is often regarded as one of the strictest states when it comes to DWI (driving while intoxicated) laws. This is not only the case for adults, but for those under 21 as well. In fact, underage DWI laws in North Carolina are even stricter than those imposed on adults. North Carolina Underage DWI More

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12 Things To Do If You’re Pulled Over for Speeding

Tue, 16 Apr 2019 18:12:00 GMT

Speeding is a serious problem that can lead to accidents, injuries, and even death. That’s why law enforcement agencies make constant and varied efforts to try to stop people from doing it. By far, the most common way police officers catch speeders is by setting what most of us call “speed traps.” Sitting in medians, More

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Taking your fraud charges seriously

Fri, 18 May 2018 14:11:00 GMT

Fraud is a crime that is often associated with administrative and other white-collar professions. It’s a type of criminal offense that involves the use of false information for monetary benefit. It’s a serious allegation that should make anyone who is facing fraud charges consider hiring an experienced attorney. A conviction can impair your ability to continue working in your field, and there are other consequences that can occur from having a criminal record. To salvage the situation, you should contact an attorney who understands the nuances of the laws regarding fraud in your state.

Understanding Fraud Charges

You should take fraud charges very seriously because they can lead to serious legal consequences like fines and fees that can impact your financial situation. It could also lead to prison time, and you will have to live with a criminal record that is almost impossible to expunge. There are many types of fraud, so the penalties will also vary greatly from one person to another.

Here is a short list of the most common types of fraud:

• Insurance scams
• Identity theft
• Solicitations
• Email fraud
• Credit card fraud
• Debit card theft
• Tax fraud

Some types of fraud can be complex, and this is when the services of a qualified attorney can come in to play. Defend yourself against these serious charges by using the services of a professional legal representative. Because fraud is a felony, a conviction can result in the loss of your ability to enjoy the type of lifestyle that comes with a clean record. Lawyers are trained to understand the options for your case. There might be other ways to deal with the charges besides pleading guilty, for example.

Our Legal Services

Fighting the system alone is not recommended. There are many structures in place that will work to maximize the penalties against you for the charge of fraud, and you will need a strong, competent legal team to fight these forces. There is a lot at stake, so consider the reputation and experience of your legal representatives carefully. Prepare your defense as soon as possible for the best results. This will enable you to prepare a strong case for your day in court. This can minimize the damage in some cases, and you might even be able to get the charges dropped. Contact our office as soon as possible after you have been charged with fraud.

Why should I hire a traffic lawyer to handle my traffic ticket?

Fri, 18 May 2018 14:10:00 GMT

A traffic lawyer can help you to navigate the legal system, which can be confusing. For example, there are many cases where a person decides to simply pay their traffic ticket instead of consulting with a qualified traffic lawyer. Although there are some cases where this is not a problem, you should be aware of your options when dealing with the legal system. There are different situations where you would certainly benefit from the services of a traffic lawyer, and this article will examine the different cases.

Paying Traffic Tickets

When you simply decide to pay the traffic ticket, this is an admission of guilt to the charge that was leveled against you by the officer who issued the traffic citation. Depending on the traffic violation, you can experience long term effects from a single violation. If the violation was serious, that means that you could be facing the consequences that are associated with a criminal record.

Here are some common examples of a citation that can bring additional legal actions against the defendant:

1. In certain states, a speeding ticket can cause your driver’s license to be suspended. This means that you can face this penalty as soon as you admit to speeding. If you were cited with a speeding ticket, you will not be able to claim that you were innocent. This is also the case if the ticket claims that you were going faster than you were actually traveling.

2. Insurance companies can raise your rates. This will cause you to experience higher payments, and this can strain your finances. Many insurance companies will charge you the higher rate for at least three years. Once you calculate the cost of admitting guilt by paying the ticket, you can see that there are hidden costs that should be considered.

Traffic Lawyers, Our Firm

When you contact our legal team, we will fully review your situation before making a decision that could affect your life for many years into the future. We specialize in helping defendants avoid the problems that come with paying a traffic ticket. We can provide you with the information and legal services that will help you make informed decisions about your case.

What Qualifies as a Vehicle for North Carolina DWI Laws?

Fri, 18 May 2018 14:08:00 GMT

If you are like most people who want to avoid a DWI charge, you take several steps to protect yourself from harm. Some people, though, make critical mistakes that can impact their lives in many ways, and you don’t want to fall into that trap. You can protect yourself and your rights by learning what North Carolina considers a vehicle, and the answer will likely surprise you. Learning the facts gives you the best chance to avoid trouble with the law and provides you with an idea of how to proceed if you are facing charges.

Vehicle Defined

Under North Carolina law, any device that can transport people or materials on a highway is subject to DWI regulations. While the term usually excludes vehicles that rely only on human power, the law makes an exception for bicycles. So those who are over the legal limit and ride a bike can find themselves in hot water. Also, you are subject to DWI laws if you drive a golf cart, moped, lawnmower or a range of other vehicles you might not have considered. If you are lucky, you have found this information before getting stopped by the police.

North Carolina DWI Penalties

If you or someone you know is facing DWI charges in North Carolina, you are likely wondering how the case will end. You could face between one day and two years in jail if the court convicts you of a misdemeanor DWI. If the police suspect you of a DWI while your license is suspended for a related charge, they can impound your vehicle. At that point, a conviction will force you to forfeit your vehicle. If the court convicts you of committing four or more DWI offenses, the state may charge you with a felony as being a habitual DWI offender and can carry a lengthy prison sentence.

Getting Help

Facing a DWI charge is a difficult and challenging experience that could have unforeseen consequences. If you face the issue without having a legal expert on your side, the prosecutor will likely trick you into accepting an unfair plea deal. Falling into that trap will make your life much harder than it needs to be.

No matter the situation, working with an expert DWI defense lawyer is a smart move that will protect your rights and give you the best possible outcome. The lawyer you hire will help you decide if you are getting a fair deal or if you should take your fight to the courtroom.

Can You Get a Hangover DWI?

Thu, 29 Mar 2018 19:00:00 GMT

Some people go out drinking with their friends and opt to take a taxi home so that they can stay safe and avoid a DWI charge, which is a smart move. The problem, however, is that those people often go to work the next morning and don’t realize that the alcohol is still in their systems. If they get pulled over by the police and take a Breathalyzer test, it’s possible for them to be over the legal limit and face an arrest. If you have found yourself in a similar situation, learning about the possible outcomes and how to protect yourself will work wonders.

How Long Alcohol Stays in Your System

Learning how long alcohol stays in your system can help you avoid future problems with the legal system. The amount of time it takes your body to process alcohol will depend on several factors, such as your age and health. For most people, it takes about 5.5 hours to process a blood alcohol content of 0.08 percent. If you drink double that amount, you must wait at least six hours before you can safely drive your car or truck. Even if you fall asleep and feel fine when you wake up, you could still be above the legal limit if enough time has not passed.

Possible Fallout of a DWI

The fallout of a DWI can impact your life in a range of negative ways that you will want to avoid. The judge could send you to jail, order you to pay a fine and suspend your driver’s license even on your first offense. Not being able to drive can cause you to lose your job and stop you from fulfilling other obligations. One DWI charge can be enough to turn your life upside down.

Getting Help

If you are facing DWI charges and want to contain the damage, a passionate DWI lawyer can give you a hand and help you reach the best possible outcome. Speaking with a lawyer lets you learn about your options and the possible consequences of each path. The legal expert you hire will tell you what factors to consider so that you can choose an option that makes sense.

Once you enlist the help of a qualified expert, she can work with the prosecution to reduce your sentence or charge. If the court does not want to negotiate or you are not happy with the plea agreement, your lawyer will stand by your side and fight for you in the courtroom.

What Is the Legal Definition of Embezzlement?

Thu, 29 Mar 2018 18:57:00 GMT

Embezzlement is a crime that involves one person using a position of trust or responsibility to steal money or resources from another person or entity. You must avoid making statements about your actions until you speak with a qualified criminal defense attorney if you don’t want to make your situation any worse.

Embezzlement Examples

It’s now time to explore some examples of embezzlement to get a clear picture of the charges you are facing. Doing so will arm you with the needed knowledge to choose a path that makes sense. An accountant works for a large company and is in charge of setting up automated payroll deposits for employees working for the company.

The accountant uses her position to create a profile for an employee who does not exist and sends small amounts of money to a fake bank account. The accountant can then access the fake bank account and transfer the funds to her own account, making her guilty of embezzlement.

Possible Penalties

The penalties you could face for embezzlement depend on several factors, including the amount of money you allegedly stole. If you took less than $950, the legal system can charge you with a misdemeanor that comes with a maximum sentence of up to six months in jail.

You can face up to 20 years in prison if a jury finds you guilty of stealing more than $25,000. Also, the prosecutor might want to offer a plea agreement to avoid going to trial and will offer a reduced sentence in return. Speaking with a criminal defense lawyer and learning the strength of your case will ensure you get the best possible deal if you choose this path.

Getting Help

Dealing with embezzlement accusations by yourself is not a smart move and can force you to face problems you could have otherwise avoided. Even if the other party has not yet filed formal charges, speaking with a criminal defense lawyer is the only safe bet. Your lawyer will review the possible evidence against you and help you craft a solid defense.

Allowing your lawyer to negotiate with your accuser and the court can let you reach a fair agreement that makes sense for everyone. If you are not happy with the deal you are offered, your lawyer will relentlessly defend your rights in front of a judge or jury.

How Does North Carolina Define Reckless Driving

Fri, 16 Feb 2018 20:12:00 GMT

For drivers in North Carolina, a simple mistake, such as speeding through a red light or failing to yield, can lead to criminal misdemeanor charges rather than an ordinary traffic ticket. According to state laws, reckless driving encompasses a surprising variety of moving violations. Because the law is so broad, many law-abiding drivers are hit with an unpleasant and unfair surprise after a momentary lapse in judgment.

Reckless Driving Laws in North Carolina

Reckless driving isn’t a fixed list of common traffic infractions. It describes the way that someone operates a vehicle. North Carolina General Statutes § 20-140 states that a person who drives “carelessly and heedlessly” with “disregard of the rights or safety of others” is guilty of reckless driving. The person must also be driving “without due caution” and “at a speed or in a manner” that endangers a person or property.

Examples of Reckless Driving

You might not think twice about sneaking through the last sliver of a yellow light or rolling through that stop sign at the end of your street, but these blunders can get you into trouble. Here are a few examples of reckless driving.

• Failing to stop at a red light or stop sign
• Failing to yield the right-of-way
• Ignoring school bus signals
• Endangering pedestrians
• Passing illegally
• Failing to signal
• Tailgating
• Street racing
• Weaving through traffic
• Crossing double solid lines
• Traveling with too many occupants
• Speeding 25 mph over the limit or more
• Operating a car with mechanical problems
• Driving without a view of oncoming traffic

Although many common driver behaviors could be reckless, the biggest problem occurs when multiple violations happen simultaneously, such as passing illegally while speeding. This could lead to harsher penalties and escalated aggressive driving charges.

Penalties for Reckless Driving in North Carolina

Reckless driving is a Class 2 misdemeanor that’s punishable by fines and imprisonment. The following penalties apply for first-time violations.

• A maximum fine of $1,000
• A maximum jail sentence of 60 days
• Suspension of driving privileges if you were speeding
• A minimum of 4 DMV and insurance points
• A misdemeanor criminal record
• Increased insurance rates

If you’ve been charged with reckless driving, contact an experienced traffic law attorney in North Carolina. A lawyer can answer your questions, assess your case and develop a defense that can help to minimize any penalties.

3 important stages of a drunk driving arrest

Tue, 06 Feb 2018 20:10:00 GMT

In most drunk driving arrests, there are three primary events that happen. If there are problems with how any one of these stages of your DUI arrest, you may be successful in fighting the charges against you with the help of an experienced drunk driving attorney. In your own case, these three components are important, and your lawyer will likely examine them closely to make certain that they were conducted properly.

1. Reasonable suspicion for your stop

With the exception of DUI checkpoints, law enforcement officers must have a reasonable and articulable suspicion to stop your vehicle. The police offer must have a reasonable belief that you have committed or are committing an offense that provides a valid basis for your stop. Officers are not allowed to pull you over simply because they have a hunch that you might be committing an offense. Their suspicion must instead be articulable. For example, a law enforcement officer may pull over your car because you weaved across the lines of your lane, were speeding or because you committed another traffic violation. The officers can’t just pull you over because they want to.

The exception to this basic rule is a DUI checkpoint. Law enforcement agencies are able to use DUI checkpoints to perform random checks for drunk drivers without having any other reason to stop the people who drive through them. Checkpoints must be publicized in advance, and the officers must have a system by which they randomly select vehicles. For example, the officers manning the checkpoint might have a predetermined decision to choose every sixth vehicle.

2. Voluntary field sobriety tests

When you have been pulled over, the law enforcement officer will make observations of you. If he or she believes that you may have been drinking, the officer might ask you to step out of your vehicle to perform field sobriety tests. There are three standardized tests that are meant to help the officers determine whether or not you are too intoxicated to drive. If you fail the tests, you will be taken into custody and transported to the police station to take a breathalyzer test. It is important to note that the field sobriety tests at the side of the road are voluntary, which means that you do not have to perform them.

3. Breathalyzer tests

Unlike the field sobriety tests, taking a breathalyzer test is not voluntary. If you refuse to submit to it, your driving privileges may be automatically suspended. When you take the breathalyzer test, you will blow into a machine that will measure the chemical composition of your breath for alcohol. Registering a blood alcohol concentration of 0.08 percent or higher will be enough for you to be formally placed under arrest for drunk driving.

If you are facing a drunk driving charge, it does not necessarily mean that you will be convicted as charged. Your DUI lawyer may investigate the different components of your particular case to determine if the officer completed them properly. If your attorney finds problems with how your stop was completed or how the evidence was gathered in your case, it may be possible for you to win dismissal of the charges or to secure a plea to a lesser offense.

Restraining Orders and Violations in North Carolina

Thu, 14 Dec 2017 08:00:00 GMT

The District Courts of North Carolina can issue orders of protection between domestic partners or neighbors. If served with a restraining order, you are not required to attend the court date. However, if you wish to contest the order then you should attend the hearing with an attorney. If you do not show up, then most likely the court will side with the petitioning party and grant the order. A restraining order can negatively affect your life if issued. It may bar you from attending the places in your community such as restaurants, entertainment venues, and sporting events. It may also impact your ability to obtain firearms. A violation of the order can occur even when the one who sought the restraining order is the one who initiated contact or communication.

The elements surrounding violation of a restraining order are typically emotionally charged and involve complex relationship difficulties, such as children, friends, and places of worship. Violation of a restraining order is at a minimum a Class A1 misdemeanor which runs the risk of incarceration up to twelve months in prison. If another crime is conducted, such as domestic violence while you are in violation of the restraining order, that crime runs the risk of a more severe punishment than if conducted not in violation of the restraining order. If you were to violate the order and are in the presence or possession of a deadly weapon, you can be convicted of a Class H felony, which is punishable by up to over two years in prison.

If a protective order is taken out, take it as a warning that you are at risk of a domestic violence charge. Per the law in North Carolina, by placing the aggrieved party or a member of the aggrieved party’s family or household in fear of imminent serious bodily injury or continued harassment, you can be found guilty of domestic violence. This fear of harm, whether founded or not, is often the reasoning to seek out a restraining order.

Attempting to battle a restraining order in court alone is an uphill battle. Legal expertise and experience is a valuable tool in preventing an upheaval in your daily life caused by the restrictions resulting from a restraining order. Obtaining an attorney for these hearings exponentially increases your chances of success in fighting this court injunction. The attorneys at Mulligan Attorneys, have experience with protective orders and violations. If you have any questions concerning filing, fighting a restraining order, or a violation of a restraining order, please contact the attorneys at Mulligan Attorneys .

North Carolina Concealed Carry Laws

Fri, 01 Dec 2017 20:48:00 GMT

North Carolina does require a permit to purchase handguns within the state. The permit typically comes from your local sheriff’s office. While you do not need to register your handguns with the sheriff, the sheriff does have the right to retain and make available to law enforcement agencies a list of permitees. Although the state does not require a permit to carry rifles or shotgun, it is mandatory to conceal carry a handgun. Even with a concealed carry license, additional restrictions as to where and when one can carry within the state exists.

In order for a concealed carry applicant to be approved, he/she must:

Be a citizen of the United States or have been lawfully admitted for permanent residence in the United States;
Have been a resident of the State of North Carolina for not less than thirty (30) days immediately preceding the filing of the application;
Be at least 21 years old;
Not suffer from any physical or mental infirmity that prevents the safe handling of a handgun; and
Have successfully completed an approved firearms training course (unless specifically exempted from the course by State law).

If you are charged with possession of a concealed firearm and do not have a valid permit, you may be facing, at a minimum, a Class 2 misdemeanor which can carry a $1,000 fine, and up to 60 days in jail. More than one offense can result in a Class H felony resulting up to over 3 years in jail.

There are also many prohibited carry locations where you may be unable to carry a weapon even with a valid permit. Such examples are federal properties, picket lines, private health care facilities, law enforcement or correctional facilities, and more. You may view the entire list of prohibited carry areas and guidelines at the NC Department of Justice website.

North Carolina handgun and conceal carry laws are complex and difficult to navigate alone. If you find yourself facing criminal charges or in violation of the law, contact the attorneys at Mulligan Attorneys, immediately.

How to Get Child Support

Fri, 20 Oct 2017 18:22:00 GMT

In North Carolina, child support is mandated by a set of child support guidelines that determine the amount of support due based on a worksheet computation that considers the income and other support obligations of each parent. In order to begin a child support case in North Carolina, a parent may contact the Department of Social Services – Child Support Enforcement, which the Department of Social Services will begin the child support proceeding and pursue enforcement. If a parent chooses to pursue child support through the Department of Social Services, the department will file the necessary documents and will institute the proceeding itself. The attorney for the Department will present each case and the child support obligation will go through and be enforced by the Department of Social Services – Child Support Enforcement. There is a small fee, often $25, to begin the process with the Department of Social Services. There are local offices throughout the state and you should inquire about options for child support by the Department of Social Services at your respective local Child Support Enforcement office.

Alternatively, an individual parent may also pursue child support on his or her own by filing a case for child support in civil court. The parent may represent his or her self or may retain counsel to pursue a child support case.

As with all other civil proceedings, filings and service must be made in order to institute a case for child support. Child Support is not ordered instantaneously and the case can take months to be heard depending on the docket of the respective court system, service and other various considerations. If you have questions concerning your options for instituting a child support proceeding contact the attorneys at Mulligan Attorneys .

North Carolina Alimony Laws Cohabitation

Thu, 14 Sep 2017 08:00:00 GMT

In North Carolina, alimony may be awarded to a dependent spouse by the court based on a consideration of factors. Once ordered by a court, an alimony order may be terminated or modified based on a change in the income of one or both of the spouses, death of one the spouses, remarriage of the dependent spouse, or cohabitation of the dependent spouse.

Pursuant to North Carolina law, a dependent spouse may not continue to receive alimony once that spouse has begun cohabitating with another person with whom they are in a relationship. While there are many gray areas on what exactly constitutes cohabitation, it is typically proven by showing a relationship that provides economic benefits to the dependent spouse similar to those that would be provided by marriage. However, the supporting spouse (the spouse paying alimony) must institute a proceeding to terminate alimony on the ground of cohabitation in order to be relieved of the previous alimony order. A spouse may not on one’s own stop paying alimony on the ground of cohabitation. A court order must be issued that terminates alimony.

It is important for both the supporting spouse and the dependent spouse to be aware of the grounds for modification and termination of an alimony order so that each is prepared and understands the consequences of a change in circumstances that would warrant modification. If you are concerned about a termination or modification of alimony based on cohabitation of the dependent spouse or based on another ground, contact the attorneys at Mulligan Attorneys, today. We offer competent and efficient representation to spouses concerning alimony issues.

Reasons for a Suspended Driver’s License

Tue, 05 Sep 2017 20:48:00 GMT

In North Carolina, an individual’s driver’s license may be suspended for a wide variety of reasons. The most common reasons for a suspended drivers’ license are traffic related offenses such as speeding, reckless driving, or driving while intoxicated. A driver’s license may also be suspended for accumulating too many license points as a result of multiple traffic infractions. A driver’s license may also be suspended if an individual refuses to submit to a blood alcohol test to determine if the individual was driving while intoxicated. North Carolina recognizes implied consent to submit to a blood alcohol test if an individual holds a driver’s license in the state of North Carolina, therefore this refusal is grounds for suspended a driver’s license. The Department of Motor Vehicles (DMV) is responsible for the suspension and/or revocation of drivers’ licenses based on court orders and the rules set by the DMV itself.

If your license is revoked, you may be charged with the crime of driving while license revoked if you are caught driving during the time period of your suspension. A charge of driving while license revoked can be either a class I or class III misdemeanor charge. If your license is suspended due to a DWI offense, you could face a class I misdemeanor. If your license is revoked for another matter, you would face a class III misdemeanor. You could also receive additional suspension time if you are convicted of the offense of driving while license revoked.

When an individual’s time of suspension is up, the individual may have their license reinstated. In order to reinstate a driver’s license, you must file for reinstatement and pay the necessary fines associated with reinstatement set by the Department of Motor Vehicles. If you have questions concerning the grounds for suspending a driver’s license in the state of North Carolina or reinstatement of a suspended driver’s license, contact the attorneys at Mulligan Attorneys .

Social Security Disability Appeals Process

Thu, 17 Aug 2017 13:28:00 GMT

An initial denial for Social Security Disability benefits can be disheartening and the appeals process can be intimidating and confusing. The attorneys at Mulligan Attorneys are here to assist you in this process.

The first step in a Social Security Disability is a reconsideration claim. The reconsideration consists of a review of the individual’s file. An individual must file the request for reconsideration and a medical official, that was not part of the initial denial, will review the individual’s file and render a decision. In the event of an unsuccessful reconsideration, an individual may petition for a hearing in front of an Administrative Law Judge. The individual may present new and supplemental evidence for this hearing, and witnesses and experts can also be present and testify. This process will involve a claim for appeal, that could take up to 24 months with a hearing with the Administrative Law Judge – a disinterested Judicial Official that was not involved in the original decision.

If an individual is unsuccessful at the hearing in front of the Administrative Law Judge, the next step is a review by Appeals Council. The Appeals Council will review the decision of the Administrative Law Judge under an abuse of discretion standard. If this review results in a denial, the final appeal goes to the Federal Court. The claim will be reviewed only for legal errors at this stage of the appeals process. At each step of the appeals process, an individual will receive a written decision that explains why the claim and appeal was denied.

The Social Security appeals process is complex and can be lengthy. It is important to have a competent and effective disability attorney representing you throughout this time. If you have been denied Social Security Disability benefits and are considering beginning the appeals process, or have already begun the appeals process, contact the attorneys at Mulligan Attorneys today for answers to your questions and competent representation.

How do Non-Compete Clauses Work

Mon, 07 Aug 2017 13:28:00 GMT

The post How do Non-Compete Clauses Work appeared first on Mulligan Attorneys, PLLC .

How do Non-Compete Clauses Work

Tue, 01 Aug 2017 17:19:51 GMT

Non-compete clauses are often part of an employment contract in which the employee agrees not to compete with the employer. A non-compete clause may be for the duration of the contract that limits the employee from engaging in work that would compete with the employer while the employee is still working under the employer. A non-compete clause may also restrict the employee from competing with the employer should the employment end. Often, non-compete clauses are limited in scope, with a specified time limit on the non-compete with specified geographic bounds that limit the area in which the employee cannot work in competition with the employer.

The courts will enforce non-compete clauses if the clause is reasonable. Courts look for the justification of the employer for the non-compete clause, the reasonableness of the geographic bounds of the non-compete clause, and the reasonableness of the time period the non-compete clause will be in effect at the end of the employment. The more unique the employee’s skills are, and the more unique the employer’s business is, the more likely the court will find that the non-compete clause is enforceable. Courts are also highly likely to enforce a non-compete clause during the employment as well. In enforcing a non-compete clause, the central focus of the court will be the reasonableness of the agreement. If the agreement appears unreasonable, with a wide geographic range or indefinite duration, the court is less likely to enforce it. A court may render the clause as entirely unenforceable or it may modify the clause in order to make the non-compete clause reasonable and enforce the modified clause.

If you have questions concerning a non-compete clause, signing a contract with an existing non-compete clause, or your options in a contract you have already signed with a non-compete clause, contact the attorneys at Mulligan Attorneys, today.

Consequences of a DWI under 21 in North Carolina

Wed, 19 Jul 2017 08:00:00 GMT

Under North Carolina law, anyone under the age of 21 may be charged with the offense of driving while impaired if they are found to be operating a motor vehicle under the influence of an impairing substance, as is the case for drivers over 21. However, for drivers under the age of 21, any amount of alcohol can lead to a charge of driving while impaired. Thus, a driver who registers a .01 on an intoxilyzer breath test can be charged with driving while impaired.

Additionally, an individual under 21 years of age may also be convicted of the offense of driving after consuming under the age of 21, which is not a lesser-included offense of a regular DWI charge. Again, any blood alcohol content levels above a .00 for a person under the age of 21 can be sufficient for a charge of driving after consuming under age 21. Other standardized field sobriety tests performed by the officer can also be sufficient to show an individual is impaired.

Anyone who is charged of driving while impaired and under the age of 21 in North Carolina will automatically lose his or her license for 30 days. Furthermore, the punishment for a charge of driving while impaired for an individual under the age of 21 can be the same as the punishment for those convicted of the crime over the age of 21.

If you are facing charges of driving while impaired and/or driving after consuming under the age of 21, contact the DWI attorneys at Mulligan Attorneys, today for efficient and zealous representation.

How Long Does It Take to Evict a Tenant in North Carolina?

Mon, 10 Jul 2017 12:37:00 GMT

Pursuant to North Carolina law, a landlord may, following successful judicial proceeding, forcibly evict a tenant seven days after the filing of a writ of possession. North Carolina provides four instances in which a landlord may institute eviction proceedings against a tenant: non-payment of rent, a holdover tenant situation, material breach of the lease agreement by the tenant, or drug trafficking and other criminal activity by the tenant. If one of these specified grounds exist, the landlord must then service the tenant with a notice of the eviction. The notice may give the tenant a time period to cure the violation depending on the ground for eviction. For example, in a non-payment of rent circumstance, the landlord must serve the tenant with a notice of eviction and the tenant has ten days to pay the rent. If the tenant does not comply within ten days, then the landlord may institute eviction proceedings.

After a notice has been served, and any period for cure has lapsed, a landlord may institute a proceeding for eviction by filing a complaint for eviction of the tenant. Once the complaint has been filed and served along with a summons on the tenant, a hearing for eviction will take place. Both parties will have the opportunity to be heard and present their claims and/or any defenses. If the judge determines that the landlord is entitled to eviction, an order will be entered for the eviction. Each party has 10 days to appeal the order following the judge’s decision. After the 10-day period for appeal has lapsed, the landlord may file for a writ of possession. And after seven days after the writ of possession is filed, the landlord may forcibly take the property by changing the locks, accompanied by the county sheriff.

The actual time period for eviction varies depending on the grounds and notice period required for the specific eviction, and the court calendar in the specific judicial district for the scheduling of a hearing. The time period can vary and the process can be lengthy. For any questions or concerns about eviction proceedings, contact the attorneys at Mulligan Attorneys, today.

Can You Have More than One Expungement in North Carolina?

Fri, 02 Jun 2017 17:59:00 GMT

Expunction is a process that can remove a past criminal charge and/or conviction from an individual’s record. Each state treats expunctions differently so it is important to know the law of the state surrounding expunctions where the criminal charge occurred. Generally in North Carolina, an individual is only allowed one expunction unless there are exceptional circumstances. Often an individual will only qualify for an expunction if the charge was dismissed or the individual was found not guilty. However, the North Carolina legislature enacted legislation that allowed expunction for some criminal convictions in limited circumstances. The conviction must not be of a violent offense, the individual has not been convicted of any new charges since the offense, and it has been fifteen years since the end of the individual’s sentence for the crime.

Expunction is often a long process and on average an expungement in North Carolina will take around 10 months or longer. Expungements are not guaranteed in all cases and are largely fact dependent on the crime itself, the prosecution of the crime, the individual offender, and the judge who is charged with granting or denying the expunction. Expunctions are important for moving forward from a criminal charge that may reflect poorly on the defendant’s record that could have a negative impact on employment and other areas of the defendant’s life. If you are seeking information concerning an expungement contact the knowledgeable attorneys at Mulligan Attorneys,. Our criminal law attorneys are ready and willing to assist you in understanding and navigating the process of expunction.

Child Support Guidelines

Mon, 08 May 2017 14:25:00 GMT

In North Carolina, child support is determined pursuant to Child Support Guidelines. These guidelines are statutory and must be followed in each child support action unless grounds for deviation from the Child Support Guidelines exist. Child Support Guidelines calculate the child support payment for the paying parent pursuant to both parents’ incomes, the amount of dependents of each parent, health care, child care expenses of the respective parents, and the custodial time each parent spends with the minor child.

Child Support Guidelines create a formula for calculation of child support based on the various factors mentioned above. Child support is calculated on specific worksheets. The specific worksheet that a parent uses to determine the child support amount is determined by the custodial schedule between the parents of the minor child. The incomes, amount of dependents and other expenses of each parent are placed into the respective worksheet in order to calculate the appropriate child support payment. An Order for Child Support will then be entered by the court that requires payment of the amount established by the Child Support Guidelines.

In certain instances, deviation from the statutory Child Support Guidelines may be warranted based on specific facts surrounding the parents and the minor child. If it’s determined that the amount established by the Child Support Guidelines is not sufficient to meet the reasonable needs of the child, then a deviation from the Guidelines may be made. In exceptional circumstances when there is reason for deviation in order to meet the financial needs of the child, a deviation from these guidelines may be ordered.

To find out more about the calculations set up by the North Carolina Child Support Guidelines or to determine the route to begin child support payments, contact our family law attorneys at Mulligan Attorneys,.

What Happens When Child Protective Services Gets Involved

Wed, 19 Apr 2017 08:00:00 GMT

Child Protective Services (CPS) exists in all counties of North Carolina. Child Protective Services may get involved when a report is made concerning a child who is alleged to be neglected, abused, or dependent. The purpose of Child Protective Services is to investigate claims of concern surrounding a child, and offer the child and/or the parents services to improve the circumstances of the child in need. Reports may be made anonymously and once a report is made to Child Protective Services, an investigator will follow up with the family and determine if the report is valid and substantiated. If the report is substantiated, the investigator may recommend services to the parents of the child or suggest potential removal of the child depending on the individual factual circumstances.

Often when Child Protective Services becomes involved with a family, the investigator opens a case plan in order to meet particular individualized goals to provide a safe and healthy environment for the child. Child Protective Services may offer ongoing services to the parents and the child in order to give the child a productive and safe home. If Child Protective Services has become involved in your family and you have questions or concerns please contact the attorneys at Mulligan Attorneys, today.

Bond Forfeiture: What You Need to Know

Thu, 06 Apr 2017 19:57:00 GMT

Bond Forfeiture is defined as the process by which the person or business that posted bail for a defendant must pay the entire amount of the bail. This forfeiture results when the defendant misses his or her schedule court appearance or fails to perform an obligation. Forfeiture of a bond can occur in both criminal and civil cases. In civil cases, bond forfeiture may occur when a party does not perform an obligation. In criminal cases, bond forfeiture occurs when the defendant fails to show up for his or her court date.

A hearing may be scheduled for bond forfeiture when a defendant fails to show up for a schedule court date. When a bond has been forfeited the entire amount of the bond becomes the property of the court jurisdiction where the case is pending. Often notice of forfeiture must be sent to the defendant prior to the forfeiture hearing.

A defendant may attend the forfeiture hearing and offer defenses to their failure to appear in order to prevent the forfeiture of a bond. An example of a defense that may prevent bond forfeiture is if the defendant failed to attend court for good cause. A judge has the discretion to determine if a good cause existed for the failure to appear, and if the forfeiture of the bond should be implemented. If you have concerns or questions concerning a potential bond forfeiture please contact the attorneys at Mulligan Attorneys, today.

Social Security Disability Status

Mon, 06 Mar 2017 14:03:00 GMT

Have you been injured and are facing the disability claim process? This process can be intimidating and heavy with paperwork and a lack of clarity of your current status. Through many avenues you are able to check the status of your social security disability claim.

After your claim for social security disability is filed, you may call or go online to check the status of your claim. However, this process can be quite lengthy and a status change may not occur often. To determine if your status is classified as disabled, several factors are considered in detail to reach a final determination of disability status for an individual. These factors include:

if the individual is working.
the severity of the condition.
if the condition is in the pre-composed list of disabilities.
is the individual able to do the same work they did prior to their injury or conditions.
can the individual do any other type of work. Throughout the process of a social security disability determination, each of these factors are considered at length and in depth based on the individual circumstances.

When applying for social security disability, it is important to understand the application process and the lengthy consideration of these factors. If you have a claim for social security disability and are interested in learning more about the process in order to effectively submit your claim for disability, or have a pending claim for disability that has been denied and facing appeal, please contact the attorneys at Mulligan Attorneys today. Our personal injury attorneys are here to answer your questions, and to explain and assist you in the application or appeals process for social security disability claims.

North Carolina Felony Expungement Bill

Mon, 20 Feb 2017 08:00:00 GMT

Many individuals that have been convicted of a felony or are facing felony charges are concerned about the expungement possibilities of the conviction from their record. The possibility of expungement is important because a felony conviction on an individual’s record may affect job opportunities and other important events throughout their life. Under North Carolina law, More

How Alimony is Calculated in North Carolina

Mon, 06 Feb 2017 08:00:00 GMT

North Carolina is unique in comparison to many other states in the treatment and determination of alimony between two spouses. In North Carolina, there are no set guidelines for a determination of alimony, and the alimony award may vary based on the judge assigned to a specific case. Alimony is paid by a supporting spouse to a dependent spouse. Alimony is determined, in large part, by the length of the marriage and the financial status of each of the parties involved in the action. Generally, the longer the marriage and the more financial differentiation between the spouses, the more likely an award of alimony will be issued. However, there are no guarantees for an award of alimony or amount of alimony in North Carolina. Alimony is an area of large judicial discretion.

Another contemplation for an alimony award that is unique to North Carolina is the consideration of marital misconduct for alimony. In North Carolina, marital misconduct is relevant to the alimony determination. A dependent spouse is barred from alimony if marital misconduct is shown against that spouse and a supporting spouse is required to pay alimony if marital misconduct is shown against that spouse. However, if marital misconduct is shown by both spouses involved in an alimony proceeding the alimony determination will be left again to the discretion of the judge.

Judges have wide discretion in alimony determinations in the State of North Carolina. A judge will determine if an alimony award is issued at all, and what the amount and length of the award will be should an award be ordered. If you are involved in a case or have a potential claim for alimony, our family law attorneys are here to help. Contact the attorneys at Mulligan Attorneys, for effective representation in your alimony proceeding.

What Can You Sue for in Small Claims Court?

Fri, 20 Jan 2017 08:00:00 GMT

North Carolina’s small claims courts are a division of District Court in the state of North Carolina. Small claims are the proper venue for Landlord/Tenant Evictions matters as well as monies-owed disputes in which the amount in controversy is $10,000 or below. The purpose of small claims courts is to settle disputes over property or money worth relatively small amounts. Small claims courts resolve disputes efficiently and effectively with less costs and court resources expended than typical district court disputes.

The types of cases often seen in small claims courts are property disputes such as landlord tenant disputes or contract disputes involving controversies over minimal amounts of money or property. Personal injury cases are sometimes appropriate in small claims court as well. A variety of civil cases may be brought in small claims court as long as the cases are eligible under the jurisdictional limit of $10,000.

Small claims court, like other courts and claims, can be confusing to those that are not familiar with the law and court system surrounding a potential claim. A lawyer is useful to claimants in small claims court in order to understand the process and legal arguments surrounding a case in small claims court.

If you think you have a claim in small claims court, and want more information about the process and guidance moving forward with your claim, contact our attorneys at Mulligan Attorneys . We will help you understand the law surrounding your claim and navigate the small claims court in order to maximize your potential recovery.

How to Get Custody of a Child

Fri, 06 Jan 2017 15:05:00 GMT

In North Carolina, one parent can initiate a civil action for child custody to set up or change the custody of a minor child amongst two parents. The statutes that provide the law on child custody in North Carolina is set out in Chapter 50B of the North Carolina General Statutes. Jurisdiction of state to make a child custody determination for a minor child is established through the Uniform Child Custody Jurisdiction Act.

In order to initiate an action for child custody, a party with standing – normally a parent of the minor child – must file a civil action for custody in the appropriate district court with jurisdiction to issue a custody order for the child based on the Uniform Child Custody Jurisdiction Act. An action for child custody is often a lengthy court proceeding.

The Child Custody Process

The first filing for child custody begins with a complaint and allegations by the filing party. The opposing party may file an answer with their own allegations for the child custody action. If requested, a temporary hearing for custody will be set in order to get a temporary order establishing custody for the minor child. The reason for a temporary order is to give the parties and the minor child a custodial order and schedule so that the child and parents can establish a routine while awaiting a permanent custody hearing. Throughout the process, discovery, depositions, and other methods of information gathering may take place. In North Carolina, the parties are also ordered to mandatory mediation for child custody in order to attempt to resolve the matter outside of litigation. If mediation fails, the permanent trial for child custody can last up to several days and result in a child custody determination and custodial schedule set by the court. The standard used by the court for custody between two parents is the “best interest of the child.” Courts look at all the relevant factors of a child’s domestic life, including living arrangement, relationship with each parent, a parent’s ability to provide for the child, and whether each parent creates a stable home environment.

Throughout the life of a minor child, custody actions may continue if a change in circumstances occurs that affects the custody arrangement for the child. A party may then initiate a modification action for child custody.

The process for child custody can be long and filled with many hearings and procedures for gathering information. The goal of the proceedings for child custody is a permanent custody order. However, throughout the life of the minor child, the custody determination may be subject to further proceedings for modification of child custody as well. If you are in need of a child custody order or looking for further information on the process of a child custody action, contact the family law attorneys at Mulligan Attorneys . At Mulligan Attorneys,, we will work to make the process of gaining a child custody determination and order as easy and stress free as possible.

DWI vs. DUI

Tue, 13 Dec 2016 08:00:00 GMT

If you have been charged with Driving While Impaired or Driving Under the Influence, you are probably curious what the differences are between the two types of crimes. Under North Carolina law, the formal charge for driving while under the influence of alcohol or drugs is referred to as a DWI. DUI is another term that is used for the same type of offense, but DUI is not the formal name of a charge of driving while under the influence of alcohol or drugs.

Various states may use either DWI or DUI to describe the same driving while under the influence of alcohol or drugs charge. The proper name of the formal charge, DWI or DUI, will depend on the state where the crime occurs. In North Carolina, a person driving while intoxicated with alcohol or drugs will be formally charged with a DWI under state law.

Elements of a DWI

The elements of a DWI under North Carolina law are listed in N.C. Gen. Stat. § 20-138.1. A person may be charged with a DWI in North Carolina if he/she drives a vehicle while under the influence of an impairing substance or after having consumed alcohol has an alcohol concentration of 0.08 or has any amount of a Schedule I controlled substance in his/her blood or urine.

DWI Sentencing

Under North Carolina law, sentencing for a DWI is structured on five levels. The lower level of punishment, the more severe the punishment will be. In order to sentence an individual on a higher level for a DWI offense, a Judge must find specific aggravating factors. The Judge may also find mitigating factors that could justify a higher sentence level that would result in a less severe sentence for a DWI conviction.

If you are facing a DWI charge, contact the attorneys at Mulligan Attorneys to seek legal counsel today. We will provide you with understanding of the process of a DWI charge, trial and sentencing. At Mulligan Attorneys,, we will work diligently to ensure your rights are protected in the aftermath of a DWI charge.

Child Custody Determinations in North Carolina

Fri, 02 Dec 2016 18:55:00 GMT

For parents facing separation or divorce, the custody determination and arrangement for their children is often the most important and at times emotional component of the process. Custody determinations can be complicated and fact specific based on the best interest of the children involved in the custody action. The basics of a custody determination in North Carolina are important for any parent that is considering an initial custody action or a modification of an existing child custody order.

The Best Interest Standard

In North Carolina, child custody is determined by a “best interest of the child” standard. In an initial child custody determination, the presiding judge will hear testimony and evidence concerning what the best interest of the child would be in the future. A custody determination and schedule will be solely based upon what the judge feels is in the best interest of the minor child or children involved in the action.

Legal and Physical Custody

Two types of custody exist in North Carolina: legal and physical custody. Legal custody is the right of the parent to make important decisions involving the minor child. A judge may award sole or joint legal custody of a minor child. Sole legal custody gives one parent the ability to decide major decisions for the minor child. Joint legal custody allows both parents to come to agreement on all major decisions for the child. Legal custody involves issues such as healthcare, education and religion. Physical custody is the determination of where the child will reside. Physical custody may be joint or primary and secondary between the two parents. Joint physical custody requires that the child spend the same amount of time residing with each parent. However, primary and secondary physical custody requires that the child primarily reside with one parent subject to secondary custodial time with the other parent.

A custody determination will consider the best interest of the minor child based on all the information available to the court. The court will determine the legal custody arrangement for the minor child, whether it is sole or joint. The court will then determine the physical custody arrangement for the minor child, joint or primary and secondary. Often a custody order will provide a specific custodial schedule for the parents to follow including custodial exchange days, times and locations as well as any special exceptions for times such as holidays or extra-curricular activities of the child.

Custody actions can be stressful and emotional for the entire family involved. The family law attorneys at Mulligan Attorneys, are committed to making your custody action as easy and stress free for you and your child as possible. Contact Mulligan Attorneys today to schedule a consultation to discuss your options for pursuing a child custody claim.

Can You Expunge a Misdemeanor in North Carolina?

Mon, 28 Nov 2016 18:59:00 GMT

A misdemeanor is any crime considered less serious than a felony and thus is not punished as severely. Misdemeanors include infractions such as petty theft, simple assault, public intoxication, vandalism, or disorderly conduct. In most cases, they result in monetary fines and/or up to twelve months in jail, but do not cause the loss of civil rights, such as such as public offices, professional licenses, or voting.

At Mulligan Attorneys,, our criminal law attorneys are experienced in defending clients who are accused of misdemeanors as well as felonies, and play a key part in their defense, during and after their trials. One of the questions our clients often ask is how they can get a misdemeanor expunged from their record. While misdemeanors are considered “lesser crimes,” they still result in a criminal record. This record will follow them wherever they go, and could affect their future chances of getting into college, getting approved for a rental home or loan, or getting a job. There are also emotional consequences to having a criminal record. Because they’re public information, they can affect a person’s romantic and working relationships, and cause shame and embarrassment for years to come.

If this scenario sounds familiar, you might think it’s already too late. You’ve been charged with a misdemeanor and now you’re stuck with it, right? Wrong. In some cases, it is possible to have a misdemeanor expunged from your record—especially if you’re working with a knowledgeable and experienced lawyer such as those at Mulligan Attorneys,.

An “expunction” is a procedure that erases the existence of a criminal charge from a person’s record, except for one confidential file a judge will have access to in only some circumstances.

In North Carolina, you are typically only allowed one criminal record expungement in your lifetime, so it’s important to be careful and choose wisely. Under very limited circumstances, an additional expungement may be possible.

You are eligible for an expungement if the crime was committed by someone who stole your identity, if you were a first time offender under the age of 21 (this only counts for alcohol and drug violations), if your conviction was reversed or dismissed, or if you were pardoned for your crime.

As you can see, expunction laws are very complex and, depending on the misdemeanor, require a number of specific forms and filings. If you’ve been charged with a misdemeanor and would like to have it expunged from your record, it’s important to complete the process correctly, and an experienced lawyer can certainly help. Contact Mulligan Attorneys as soon as possible for a consultation. We’ll fight for your rights and do everything in our power to help you put the past behind you and move forward.

What Am I Entitled to in a Divorce?

Thu, 03 Nov 2016 13:27:00 GMT

One of the first questions we hear from clients who are ending a marriage is, “What am I entitled to in my divorce?” It’s a fair question. When a couple decides to go their separate ways for whatever reasons, there are a lot of emotions and concerns involved, not least of which is how you will each move forward independently. If children are involved, the stakes are even higher.

The first thing you need to know is that North Carolina is an equitable distribution state. This means the court must divide your property in a way that it deems reasonable and fair. This isn’t as simple as it seems—sometimes an equal distribution would actually be unfair, and in those cases the court will do its best to pursue a result it finds justifiable, even if it appears unbalanced.

At Mulligan Attorneys,, our family law specialists are trained to help you get everything you’re owed during a separation or a divorce. Read on for some of our advice, and contact us today to discuss your case more specifically.

What are your family’s finances?

The first thing you must do is get a clear, detailed picture of your family’s financial history and life. Gather information and proof that shows who earns how much, what assets you share, and how much debt is tied to those belongings. It’s a good idea to speak with a financial advisor and an experienced lawyer at this point—these people can help you figure out what you’ll need from a settlement in order to cover your expenses and preserve your lifestyle moving forward. They will also help you recognize whether the plan your spouse presents is reasonable and fair.

How is property divided?

Before the court can divvy up the things you own, it must first determine what category those things fall into. There are three categories: marital property, divisible property, and separate property. Marital property includes anything acquired or earned during the marriage, up to the date of separation. This can include real estate and automobiles, as well as pensions and retirement benefits. Divisible property includes anything that changed in value between the date of separation and the finalization of the divorce. This can include bonuses from your job, commissions on sales, and stock dividends. Finally, separate property includes anything that is gained or lost after the separation, and anything that was brought into the marriage independent of the other person. A family vacation home one spouse inherited or an inheritance are two examples that would fall under this heading.

What will affect how things are divided?

There is no formula for deciding how to divide up the assets of a marriage, and no blueprint that clearly shows what is fair and what isn’t. Many factors will be taken into account during this process. For example, if your marriage lasted less than ten years, it’s considered a “short” marriage, and will net you less than a longer marriage. If children are involved, then custody decisions and child support payments will play a significant role. Also taken into account are any disparities in earning ability—if one partner is a CEO and the other is a stay-at-home parent, the scales will tip. And, of course, if you’ve signed a prenup prior to marriage, many of these questions will already have answers, whether you like them or not.

If you find yourself facing a separation or divorce, make sure you have an experienced divorce attorney on your side. This is the best way to secure your future and ensure you get everything you deserve. Contact Mulligan Attorneys, as soon as possible for a consultation and we’ll make sure you have everything you need during this difficult time.

How to File a Restraining Order to North Carolina

Fri, 21 Oct 2016 17:56:00 GMT

When you’re going through a divorce or separation, the process can quickly become difficult, painful, and, for some people, dangerous. At Mulligan Attorneys,, we understand the problems that can arise during these conversations, which is why our family law attorneys help our clients file restraining orders when necessary.

A restraining order is a temporary court order issued to protect an individual from carrying out a particular action. This “action” is usually approaching or contacting the person who files the restraining order. If the case involves domestic abuse, it can also keep a person from purchasing a firearm, or living within a specific residence.

Restraining orders are most common in cases of domestic violence, harassment, stalking, or sexual assault. If you ask the court for a restraining order, you are requesting legal protection from a person, but not asking that they be sent to jail for a crime. If the person violates the restraining order, however, they may be prosecuted as a result.

There are a number of steps you must go through in order to file a restraining order in North Carolina. While the process can be intimidating, it’s important to remember that these laws are put into place for your protection. If you feel you need a restraining order, then by all means—file one, preferably with the help of an experienced and knowledgeable lawyer, such as those at Mulligan Attorneys .

1. Go to the courthouse and get the necessary forms.

The first step is fairly simple: paperwork. The forms you need can be found at the office of the clerk of civil court or the magistrate’s office. Explain why you’re there and what you’ll need, and they’ll make sure you get the necessary paperwork. Remember, they’ve done this before, so don’t be shy, ashamed, or worried. Their job is to help you, and they’re eager to do it. However, the clerks are not allowed to give legal advice, so be prepared to fill out the forms without their assistance.

2. Fill out a complaint.

The next step is to fill out the complaint form. Remember to put yourself down as the plaintiff. The person you’re filing the restraining order against will be the defendant. You will have to write out a complete and detailed description of why you’re asking for a restraining order. This means outlining the abuse you’ve suffered, using specific language, dates and as much detail as possible. While this step may be painful, embarrassing, or difficult, it’s very important to be transparent and honest. The judge must understand the extent of the abuse and the danger this person poses. If children are involved, make sure you request temporary custody as well.

3. Fill out the summons.

In order for the restraining order to progress to the next step, the abuser will have to be served a summons. Include the abuser’s name and address, as well as a good physical description. The sheriff is the one who serves the summons, so you don’t need to worry about contacting your abuser yourself. This can be a difficult and potentially dangerous job, and you will not be asked to risk your own safety during this process. The court is there to protect you, not put you in harm’s way.

4. Seek a temporary order.

Also known as an ex parte, this allows you to enact the restraining order prior to an official hearing. It’s an emergency order that immediately takes effect, and is an excellent way to ensure protection for yourself and/or your children. It’s important to keep this order with you at all times. We recommend leaving copies with your employer and anywhere your children spend time, such as school, daycare, or with relatives.

5. Attend the hearing.

Once you file your complaint and summons, you’ll receive a date and time for a hearing. You are required to attend the hearing, and you should have an attorney representing you at this time. The family law attorneys at Mulligan Attorneys, are experienced and knowledgeable when it comes to retraining orders, and can help you prepare for your hearing. They will guide you through the steps and help you gather documentation that shows the court the abuser has committed an act of violence against you and/or your children. He or she can also offer emotional support through this difficult and often painful process.

6. Extend or renew the order if needed.

A restraining order lasts one year from the date it’s granted. If you need an extension, you can get one for up to two years by repeating all these steps.

If you’re going through a divorce or separation, or want to file a restraining order for any reason, contact Mulligan Attorneys as soon as possible. Our lawyers are ready, willing, and waiting to get you the protection you need and deserve.

Filing a Personal Injury Claim After a Car Accident

Mon, 10 Oct 2016 13:26:00 GMT

According to the Association for Safe International Road Travel, 2.35 million people in the United States are injured or disabled each year due to car accidents. These high numbers are troubling, especially for the people who are suffering due to an accident.

If you’ve been injured in a car accident, you have a number of options for next steps. One of the most effective ways to get the help you need and heal quickly is by hiring a personal injury lawyer , such as those at Mulligan Attorneys,, and filing a personal injury claim. It is important to know that North Carolina is an “fault” car insurance state. This means that the person who was legally at fault for the accident bears the liability, usually through their insurance carrier, for damages and injuries caused by the crash.

If you’re involved in a car accident in the state of North Carolina and you are not at fault, there are different ways to seek compensation for damages or injuries you may have incurred.

1. File a claim with your own car insurance carrier.

This option, also known as a first-party claim, may be necessary if you are injured and the at-fault driver is uninsured. If you file a first-party claim, you will be required to have a conversation with a claims adjuster and you will likely need to give the adjuster access to your medical records and medical history. Please be aware that any statements you make to an adjuster can, and often are, used against you to defeat your claim. Be very cautious in speaking with adjusters because your words matter. If you feel confused or unsure of the process at any point, don’t be afraid get the help of a personal injury lawyer .

2. Pursue a third-party car insurance claim with the at-fault driver’s insurance company.

Generally, you can file your claim directly through the at-fault driver’s insurer. But again, please be aware that any statements you make to an insurance adjuster can, and often are, used against you to defeat your claim. Be very cautious in speaking with adjusters because your words matter. A third-party claim is an adversarial process because the insurance company’s duties and loyalty are owed to the other driver, not to you. An attorney can guide you through this process, which includes setting up the claim, providing information on the collision and injuries, and providing medical bills and medical records in support of your claim.

3. File a personal injury lawsuit against the at-fault driver.

If you have pursued a claim under the at-fault driver’s insurance policy but did not end up with the outcome you wanted, a lawsuit against the other driver may be your last option. In North Carolina, you are required to sue the other driver, not the driver’s insurance company. Once you file a lawsuit against the other driver, his or her insurance company must defend the case and will be responsible to any recovery made at trial or through settlement. It should be noted that lawsuits almost always require the assistance of an experienced attorney, such as those at Mulligan Attorneys .

If you’ve been injured in a car accident and need to file a personal injury claim, we invite you to contact Mulligan Attorneys . Our lawyers will help you through the process and fight for your rights every step of the way.

How to Get Child Support Payments Lowered in North Carolina

Thu, 22 Sep 2016 15:53:00 GMT

Child support is the amount of money paid by the non-custodial parent each month to support the needs of his or her child. The amount that must be paid is usually settled by the parents and their family law attorney , such as those at Mulligan Attorneys , as part of their divorce or separation proceedings. This number is based many things, including each parent’s income (which includes salary, IRAs, and stock options) as well as the child’s reasonable needs and each parent’s relative ability to pay support.

As you can see, we’re only one paragraph into this article and we’ve already used the words “relative” and “reasonable” numerous times. This is because each family is unique, with abilities and needs that vary widely. Circumstances can also change over time. For example, a father may be tasked with a certain amount of child support based on his income, but then he loses his job. Suddenly, it’s no longer possible to pay the agreed upon amount.

This can be a tough situation. Child support is very important and necessary in order to keep a child safe and secure. If it isn’t paid in full and on time (usually in weekly or monthly installments) the parent who owes can be held in contempt of the court, have his or her wages garnished or assets seized, and, in North Carolina, can even be sentenced to jail for up to thirty days. Child support must be paid until the child’s eighteenth birthday (or until the child graduates high school, as long as he or she is under the age of twenty) and for some people, that means many years of regular payments. As life ebbs and flows and situations change over the years, it’s important to ensure that your first obligation—that is, to your children—is upheld.

While this obligation is important, it’s not written in stone. There are avenues to adjust or change the amount you owe in child support, especially if you apply to modify the amount as soon as possible. The catch is that the motive for lowering your payments must be considered “reasonable grounds.” This can include the loss of a job or change in income, but only if you can prove you lost your job due to outside circumstances. You must also be able to prove that you are actively looking for a new job, and explain why you’ve been unsuccessful. Other situations considered under the umbrella of reasonable grounds include serious injury or illness, drastic increase in the cost-of-living, or a change in marital status of either parent. You also need to prove these changes aren’t a one-time situation, but an ongoing and continual change to your life.

In other cases, the custodial parent may try to increase the amount of child support that is owed. This can be due to increased expenses thanks to daycare or health insurance, financial emergencies, special needs, or an increase in income for the non-custodial parent.

If you find yourself unable to make your child support payments or facing an increase in payments for whatever reason, it is a wise idea to seek legal advice as soon as possible. Contact Mulligan Attorneys for a consultation today—our family law attorneys will make sure you have the information you need and the support you deserve during this difficult time.

How to Get a North Carolina Drivers License Reinstated After a DWI

Tue, 13 Sep 2016 12:50:00 GMT

The North Carolina Division of Motor Vehicles can suspend your driving privileges without a hearing in several circumstances surrounded DWIs. This can be a hardship for many people, as driving in America is often a necessity rather than a luxury. Driving offers you the freedom and ability to get to work on time, take care of your family, and meet your many obligations. If your drivers license has been suspended, it can be disastrous for your quality of life. That’s what the DWI lawyers of Mulligan Attorneys, pride ourselves on our experience and expertise in helping our clients get their licenses reinstated through through DMV hearings.

There are two main situations involving DWIs in which hearings are an option. In both these situations, it’s a good idea to contact a lawyer to help you though your hearing, as it can be difficult to navigate on your own.

DWI Restoration Hearing

After your first DWI conviction, your driver’s license is revoked for one year. After your second conviction, it is revoked for four years. After your third conviction, your license can be permanently suspended. After a substantial amount of time has passed—usually at least three years—you can apply for a DWI Restoration Hearing. This is a two-step process that begins with paperwork which shows that you are eligible for a DMV hearing. This paperwork will include proof of alcohol abuse treatment, as well as your criminal and driving records.

Next, your hearing will be scheduled, during which time you can present witnesses who can help prove your good character and sobriety. Before you apply for a hearing, you should ask yourself if you are currently drinking, whether there is alcohol in your home, if you own a car, and if you have people who are willing to testify on your

behalf. The lawyers of Mulligan Attorneys, can help you answer these questions and move forward in a way that is both legal and logical.

DWI Refusal Revocation Hearing

In the state of North Carolina, every driver charged with a DWI is asked to submit to breathalyzer test which measures your blood alcohol concentration. If you refuse this test, then you will lose your driving privileges for one year.

If this is a situation you are facing, there are options. You can apply for a DMV Refusal Revocation Hearing, during which you will be able to present evidence that you didn’t willfully refuse the test, that the test was performed incorrectly, or that the officer did not have probable cause to demand the test. Mulligan Attorneys, can guide you through this process, determine if you have a valid case, and help you get your license reinstated.

Because each hearing is a serious matter, and because it is imperative to get your license reinstated so you can drive legally and safely, it’s important to be prepared and supported throughout this process. If your license has been suspended for any reason and you’re ready to get it back, contact Mulligan Attorneys and take your first steps today.

Separation vs. Divorce: Understanding the Difference

Fri, 17 Jun 2016 19:19:00 GMT

Marriage can be complicated. And sometimes, despite our best efforts, it doesn’t work out. In these cases, a couple may be considering separating or are ready to divorce, but aren’t sure how to move forward. At Mulligan Attorneys , our family law attorneys understand the complex and often emotional nature of these proceedings, and are here to support our clients through any difficult decisions their families may face.

Separation and divorce both create a space between you and your spouse, which means living apart and keeping your finances separate. If children are involved, the court can order child custody, child support, and the division of assets, creating legal boundaries by which you’re required to live.

What is a Separation?

Separation should not be looked at as a better choice over divorce, but rather a first step in determining if you and your spouse should remain apart. The day you or your spouse moves out and remain apart under different roofs can be considered your separation date. Under North Carolina law, a divorce cannot be filed until you have been separated for one year and one day of your separation date.

North Carolina doesn’t recognize legal separations, and thus does not have a judicial process that results in a separation decree. While separated, you can hire a lawyer to draft a document once two parties are separated, which is a binding contract knows as a “Separation Agreement.” This document outlines how issues such as child custody, child support, spousal support and division of assets and debts will be handled during the separation.

A separation isn’t an ending, but a pause, since a separation is reversible. It gives both spouses time and space to figure out their priorities and what they want in life. And if you have young children, the term “separation” can sound less serious or traumatic than “divorce.”

Some couples have even credited their separation with saving their marriage and ultimately making it stronger.

When Should You Get a Divorce?

The difference between a divorce and a separation is simple but stark. A divorce is a formal end to your marriage. When you get a divorce, you are no longer married. You’re free to remarry and live your life as a single person. You no longer have any legal obligation to your former spouse, outside of what is ordered by the court. There’s no turning back—divorce is the end of the road.

A divorce is best for people who, after being separated one year and one day, still do not wish to be associated with their spouse anymore, have no hope for reconciliation, or who plan to remarry in the future. If you and your spouse believe divorce is the solution, there are many steps you must take, preferably with the help of a divorce attorney such as those at Mulligan Attorneys .

When in Doubt, Get it in Writing

It may seem silly to involve a lawyer if you’re “just” separating. After all, you may end up getting back together, or simply living apart without officially divorcing. Nothing will really change, so why go to all the trouble of involving an attorney?

Because living apart from your spouse without a formal separation agreement can put you at great risk. You may consider yourself separated, but legally you still remain liable for your spouse’s debts and legal issues. A separation agreement will keep you safe financially, help you deal with join bank accounts and credit cards, and create a plan for your children. Remember, the future is long and unpredictable. You and your estranged spouse may have a civil relationship now, but who knows what it will be like in five or ten years. A legal document will ensure you protection no matter what else happens.

If you’re considering separating or are ready to divorce, schedule a consultation with Mulligan Attorneys,. We’ll make sure you have all the information you need to proceed during this hard time.

The Difference Between Fault Vs. No Fault Car Accidents

Fri, 20 May 2016 12:40:00 GMT

There’s no greater freedom than the open road. It’s one of the reasons cars are so beloved in America—they’re a symbol of independence, adventure, and possibility. Driving isn’t all fun and games, however. At Mulligan Attorneys , our criminal and traffic defense lawyers have represented many clients whose dreams of the open road took an unexpected detour. If you’ve been the victim of a personal injury or damaged vehicle as a result of a car accident, there are a few things to consider, remember, and do.

Auto Insurance: It’s the Law

While the specifics vary from state to state, one law in American is universal—if you’re driving a car on the road, you must have automobile insurance. According to the National Highway Traffic Safety Administration, there are over 6 million car accidents per year. Insurance is a way to protect yourself in case one of those accidents happens to you, by helping to cover damages to your vehicle as well as personal injuries you may have sustained in the crash.

At-Fault vs. No-Fault Insurance

While we’re all required to have car insurance, these laws vary from state to state when it comes to who has the right to sue in the case of a car accident. There are three main categories your state may fall into:

No Fault Car Insurance: This is intended to lower the cost of auto insurance by keeping small claims out of the courts. If you live in a state that allows no fault insurance, then each insurance company compensates its own policy holders for the cost of minor injuries, regardless of who is to blame for the accident. Only twelve states currently have no fault insurance, and it just so happens that North Carolina isn’t one of them.
At Fault Car Insurance: North Carolina is a “fault” car insurance state. Also known as a tort-based system, the person who was legally at-fault for the accident bears the liability, usually through their insurance carrier, for damages and injuries caused by the crash.
Comparative Fault: In some cases, more than one party is to blame for causing an accident. North Carolina is one of the few states that still follows the idea of “contributory negligence,” which means that if you share any of the blame for the accident, you’re not eligible for compensation. Also, since there’s no way to allocate fault in an objective or scientific way, it often comes down to who can best convince judge, jury, and insurance companies of their innocent.

What to Do After an Accident

In order to ensure your case is treated fairly, and to avoid the mess of comparative fault, it’s important to cover your bases and make sure things are handled correctly.

There are a few ways to do this:

Call the police and get an official report of the accident. The police are viewed by insurance companies as more reliable than bystanders, and their version of events will carry more weight.
Gather evidence that can help your insurer determine the other driver was at fault. This can include photographs of the damage each vehicle incurred, testimonies from witnesses, photographs of skid marks on the street, and a report from your doctor about your own injuries.
Never admit fault at the scene of the accident. You’re required to cooperate with the officers and exchange your information with the other driver—that’s it. Now is the not the time for apologies or assumptions. Even if you feel responsible, remember that there may be extenuating circumstances of which you’re unaware. It’s not your job to assign blame—leave that to the authorities and the insurance company.

How to Seek Compensation

If you’re involved in a car accident in the state of North Carolina and you are not at fault, there are a few ways to seek compensation for damages or injuries you may have incurred.

You can file a claim with your own car insurance carrier, who will then seek reimbursement from the at-fault driver’s insurer.
You can file a personal injury lawsuit against the at-fault driver.
You can pursue a third party car insurance claim directly with the at-fault driver’s insurance company.

Do You Need an Attorney?

In North Carolina, as in most states, there is a statue of limitations on how long after an accident you’re able to file a lawsuit. In the case of car accidents, you have three years to file a lawsuit for personal injury or property damage. Three years is not as long as it sounds, which is why it’s important to ensure action is taken in a timely manner.

This can be overwhelming, especially when you’re the victim and depending on the severity of the accident. No matter what kind of accident you were in or who was at fault, it’s always a good idea to seek the counsel of an experienced lawyer, such as those at Mulligan Attorneys,. We’ll fight for your rights and make sure your car accident impacts your finances and health as little as possible. Contact us today for a consultation and learn what we can do for you.

Workers’ Compensation in North Carolina: Is My Injury Covered?

Tue, 15 Mar 2016 12:54:00 GMT

At Mulligan Attorneys , one of the most common inquiries we receive is about workers’ compensation. Our clients have been injured on the job, and now they want to know whether their workplace injuries are covered under North Carolina law. We don’t blame them for asking these questions! The truth is that the answer can be complicated.

In many states, including North Carolina, not all injuries that happen at work are covered under workers’ compensation. The North Carolina Workers’ Compensation Act generally covers employees injured as a result of an accident on the job. However, many employees who have been injured don’t receive the compensation they’re rightfully owed.

Generally, workers’ compensation in North Carolina covers employees who are accidentally injured while at work. It’s also very important to note that “accident” and “at fault” are two different things. The accident in which you were injured can be your fault and you can still quality for workers’ compensation.

Here are some more specific examples of injuries that will likely be covered by workers’ compensation:

Vehicular accident. If you are injured in a car accident while driving for work during the course of your work day you can be covered under workers’ compensation.·
Company events. If you are injured while attending a company party or event, such as a picnic, baseball game, or off site retreat, then your injuries should be covered by workers’ compensation. Even though the accident happened outside of work hours it may be covered because you’re required by work to be present.
Preexisting conditions. Many people assume that a preexisting condition or previous injury means that they will not be covered under workers’ compensation. This is often not the case. If you can prove that your job exacerbated your condition then the injury should be covered even if your job didn’t cause the issue initially.
Slips and falls. This is one of the most common causes of workplace injuries and they’re pretty straightforward. Again, it doesn’t matter if someone mopped and forgot to leave a “Wet Floor” sign or if you tripped over your own shoelaces. An injury on the job is just that.

If you’ve been injured at work and are looking for the next steps to take, contact the lawyers at Mulligan Attorneys . Our team will help you build your case and recover the compensation you deserve.

What To Do When a Dog Bites

Thu, 18 Feb 2016 20:55:00 GMT

Dogs were domesticated 15,000 years ago, and since then they’ve been man’s best friend. For many people, their dog isn’t just a pet—it’s a part of their family, one who requires love, attention, and protection.

No matter how much a person loves their dog, however, accidents can happen. Dogs are animals and as such, they can be unpredictable. Perhaps a dog is spooked. Maybe it feels threatened. Maybe it’s trying to protect its owner. Whatever the reason, there may come a day when your dog bites someone, or you yourself are bitten. In these cases, it’s important to proceed calmly and contact a personal injury lawyer, such as Mulligan Attorneys , to help you navigate the legal issues. To get you started, take the following five steps.

1. Trade Information

If your dog bites someone or if a dog bites you, the first thing you should do is trade information. Not only is this the responsible thing to do, it’s also the best legal strategy. Dog bites can result in personal injury trials and/or insurance settlements, so it’s important to address what happened and get on the same page. If you are the dog owner and walk away from the scene, you could be seen as negligent. If you’re the victim and leave without getting contact information, you won’t be able to pursue legal action if complications arise from your injury.

2. Seek Medical Attention

If you are the owner of the dog, you should encourage the person your dog has bitten to seek medical attention. Even minor bites can turn into a big deal if they are not cleaned and treated appropriately, and you don’t want to be responsible for someone else’s negligence. If you’re the victim, you’ll want to take every precaution to protect your own health and well-being in order to ensure a fast and straightforward recovery.

3. Get a Police Report

While it may seem like getting a police report will only exacerbate the situation, doing so can help you in the long run. While the owner of a dog that has bitten someone is almost always responsible for his or her animal (that’s part of having a pet) you want to make sure that any burden you bear on behalf of Fido is fair. Filing a police report will deter the victim from exaggerating their injuries in the hopes of getting a bigger settlement. If you’re the victim, a police report can be useful in making sure you get the compensation you deserve.

4. Be Aware of the Law

Each state deals with dog bites differently. The North Carolina dog bite laws are fairly straightforward, and allow victims to recover compensation in certain cases. If your dog bites someone and it can be blamed on your own negligence, then the victim is entitled to compensation. What counts as negligence? This will vary from case to case, but it can include things like allowing your dog to roam the neighborhood alone, not putting your dog on a leash, or allowing your dog to engage in risky behavior, such as leaving it alone with a child.

North Carolina, like all states, follows the “one-bite-rule,” also known as “scienter,” which allows the victim to recover compensation from the owner, harborer or keeper of a dog if (a) the dog previously bit a person or acted like it wanted to, and (b) the owner, harborer or keeper was aware of the dog’s previous conduct. However, if either of those conditions are not met, the victim should be barred from employing this doctrine as a ground for recovery. As is the case with most legal concepts, there exists exceptions to the general rule. If you find yourself the victim of a dog bite, it would be in your best interest to seek the counsel of an attorney familiar with this area of the law.

5. Protect Yourself

If you’re a dog owner, the best way to protect yourself from potential lawsuits is by acting responsibly. Keep your dog on a leash when in public, and ensure your fence is secure. Make sure your dog is up-to-date on its shots and vaccinations, and keep that paperwork on hand. You should also do everything you can to socialize your dog so it’s comfortable with all kinds of people, including strangers, children, and the elderly. A friendly, social dog that is healthy and cared for will greatly reduce the chances that your dog will lash out in an aggressive manner.

Whether your dog has bit someone or you’ve been bitten by a dog, Mulligan Attorneys, can help. Contact us today for a consultation and we’ll make sure your rights are upheld.

3 Reasons Why Prenups are Actually Romantic

Mon, 25 Jan 2016 21:40:00 GMT

A prenuptial agreement, or prenup, is a legal contract made by a couple prior to their marriage, which outlines how their assets should be split in the event that their marriage ends. At Mulligan Attorneys , one of our specialties is family law , and that includes prenuptial agreements.

Many people view prenuptial agreements in a negative light. They think prenups are something only the rich and famous need, or they’re afraid that entering one will jinx their wedded bliss. After all, planning for failure means planning to fail, right? Wrong! At Mulligan Attorneys,, we’ve helped enough clients navigate this issue to know that a prenup is actually one of the most loving and responsible things engaged couples can do. In honor of Valentine’s Day, we’ve rounded up three reasons why prenups are actually romantic.

1. A prenup forces you to talk openly and honestly about your finances.

According to a recent poll , 70% of couples argue about money more than any other issue in their marriage, including chores, dinner, and snoring. This is because many people never received the tools to handle their money effectively, or the education to make smart financial choices. Money is also incredibly personal, and binding your life (not to mention your bank account) to another person can be terrifying. A prenuptial agreement, facilitated by an experienced and sensitive lawyer such as the attorneys at Mulligan Attorneys,, can help prepare you for a lifetime of financial health and shared wealth. This foundation can not only strengthen your marriage, but save you countless arguments down the road.

2. A prenup helps you plan your future in addition to your wedding.

Prenuptial agreements aren’t only useful in the case of a divorce. They’re also an opportunity to make legal promises about how you’ll take care of one another. The terms of a prenup can include health insurance, life and disability insurance, deeds, access to certain bank accounts, estate planning, and how to care for your children. These are all issues that aren’t normally discussed during the wedding planning process, when seating charts and bridesmaid dresses seem like the most important thing in the world. A prenuptial agreement is an important reminder that the future you’re building together is what really matters.

3. A prenup helps you protect each other, no matter what.

Instead of thinking of a prenup as protecting your own assets, think of it as protecting your partner no matter what happens. It’s an opportunity to make choices while your relationship is strong and loving, rather than during a worst-case scenario situation, when you might be tempted to lash out or punish one another. If you plan to have kids, this is especially important. A prenuptial agreement means you’ve committed to taking care of each other and doing what’s best for other person, now and always.

If you’re planning to get married in the near future, a prenuptial agreement can be a great way to plan for a safe, stable, and secure future. And, just as it’s important to choose the right partner to settle down with for life, it’s also important to find an attorney you can trust to help navigate this contract with compassion and professionalism. The attorneys at Mulligan Attorneys, can help make sure you start your marriage with kindness and honesty; contact us today to start the conversation.

How to Behave in Court

Mon, 25 Jan 2016 13:39:00 GMT

What you wear, how you speak, and even your body language can affect how people judge you. Nowhere is this truer than in a Courtroom. It doesn’t matter if you’re in front of a judge because of a traffic violation , a family issue , a disability case , or a felony offense , if you are the plaintiff, the defendant, or a witness. The Courtroom is an important, serious place, and your respect for it should be demonstrated through your clothing, actions, and words. At Mulligan Attorneys,, we regularly advise our clients on courtroom etiquette in order to help their case. Below are some of our tips—we hope they help you, too!

Arrive early and be prepared. Yes, you may have to sit and wait, but that’s far better than arriving late. Timeliness is a basic courtesy and shows that you respect the judge’s and the Court’s time. As for preparations, your attorney can help you prepare for your specific case, giving you a better chance at the best possible outcome.

Wear business clothing. This means long pants—avoid shorts, track pants, and short skirts. A good rule of thumb is to dress as if you were going to an important job interview. Make sure your hair is combed and, if you have facial hair, shave or trim it in order to look as neat and clean as possible. If you have tattoos, do your best to keep them covered. If you have piercings, temporarily remove them. Choose conservative clothing and subdued prints that are appropriate to the seriousness of the occasion.

Remove your hat. Unless you have a religious exception, it’s viewed as disrespectful to wear a hat indoors, let alone in a courtroom.

No eating or drinking allowed. Neither snacks nor beverages are allowed in the courtroom. Even chewing gum can be seen as a sign of disrespect, especially while speaking to the Judge. Make sure you wake up early enough before your court appointment to have breakfast and coffee, so that you’ll be alert and able to focus.

Turn your phone off. Most Courtrooms don’t allow phones at all. If the Courtroom you are in does permit them, simply turn it off to avoid checking it at the wrong time or, worse, interrupting the proceedings with a shrill ringtone. Even a vibrating phone can be loud and disruptive in the Courtroom, so don’t risk it. Some Judges will confiscate a ringing phone.

Rise immediately when the judge enters or leaves. The Judge isn’t just in charge of the courtroom—he or she represents the law, and holds your fate in his or her hands. Stand when the Judge enters or leaves, remain silent, and pay attention to everything the Judge does and says.

Remember to say “Your Honor.” This isn’t an episode of Judge Judy. “Your Honor” is the traditional and correct term to use when speaking directly to the Judge. While you’re at it, refer to everyone in the courtroom as Mr. or Ms. as a sign of respect.

Speak only when instructed to by your Attorney. Depending on your situation, you may be tempted to jump in, either to correct someone’s story or defend yourself. Don’t do this! The Courtroom follows a very strict set of rules, and you’ll have your chance to speak. Wait for it.

If you follow these tips, you’ll be well on your way to making the right impression in the Courtroom, earning the respect of the Judge and jury, and improving your case. For more legal tips, follow us on Facebook and Twitter. If you expect to find yourself in Court any time soon, schedule a consultation with Mulligan Attorneys . Together we’ll ensure your case is as strong as possible, inside and out

North Carolina Has New Laws. Can You Name Them?

Fri, 08 Jan 2016 20:30:00 GMT

This past October, North Carolina’s General Assembly met and passed nearly fifty new laws. After Governor Pat McCrory signed them, many of these laws took effect immediately, some rolled out over the past few weeks, and others will take effect in the New Year. At Mulligan Attorneys , we believe education is vital to understanding the law and protecting your rights. To help keep you aware of these changes, we rounded up some of the laws that are most relevant to our clients.

The “Move Over” Law Expands

When a police car, ambulance, or fire truck approaches with lights flashing and sirens singing, drivers are supposed to change lanes or slow down to allow these emergency vehicles safe passage. Now, this “move over” law has been expanded to include garbage and recycling trucks with flashing lights.

Protecting Your Privacy

Wilmington, NC has many automatic license plate readers around town. These can record your license plate in the event that you run a red light, triggering a ticket . Now, a new law aims to regulate these readers by limiting how long law enforcement can keep the plates on file. After 90 days, the records of which cars pass by a certain location will be deleted, as long as the records aren’t being used for a criminal or missing persons investigation.

The Privilege to Pray

If you’ve had your license revoked due to a DWI charge or other traffic violation , you can get limited driving privileges for things like work, college, or emergency medical care. Now, thanks to a new law, you can also drive for religious worship, such as church.

18 and Older in Tanning Beds

Certain privileges—such as voting, buying lottery tickets, and joining the military—are limited to people who are at least 18 years old. A new law adds tanning beds to that list, thanks to increased risks for skin cancer. Exceptions will be made for youngsters with who have parental permission or a note from their doctor.

Regulating Electronic Cigarettes

Electronic cigarettes are touted as a healthy alternative to smoking, but more evidence is needed to support these claims. In the meantime, North Carolina has passed tighter restrictions on e-cigarettes—literally. The state will now require child-resistant packaging for the nicotine liquid used in the rapidly growing electronic cigarette industry, with violations resulting in the most severe type of misdemeanor.

Need Help Navigating These New Laws?

If you need help navigating these new laws, or have questions about how they might affect you, don’t worry—the attorneys at Mulligan Attorneys are here to help. Whether you need legal help or simply want to schedule a consultation, please contact our firm . Together, we’ll make sure that your rights are protected no matter what.

How to Handle the Holidays When You’re Separated or Divorced

Fri, 11 Dec 2015 13:57:00 GMT

The holidays are a time for celebration. From wrapping gifts and decorating the tree to singing carols and attending holiday parties, there are many occasions to gather with family, friends, and loved ones and enjoy the season. If, however, you are going through a separation or a divorce, the holidays can be anything but relaxing—especially if you have children. Suddenly, the old family traditions don’t fit, and finding new ones can be difficult. At Mulligan Attorneys , we understand that the holidays can be a stressful time for families in transition, and we want to do everything we can to make the process easier. That’s why we put together the following list of three things to keep in mind during this season. We hope these tips help you have a wonderful holiday.

Coordinate Your Gift Giving

For many people, gifts are a way to show love and appreciation for another person. During a divorce or separation, you may be tempted to use gifts to “one up” the other parent, or go overboard to compensate for difficult times. It’s important to avoid using gifts in this manner. If possible, coordinate with your ex-partner so you don’t end up giving your children the same gifts, or join forces and give gifts together. Just because you aren’t together doesn’t mean your names can’t be on the same card. In fact, presenting a unified front might just be the greatest gift of all.

Plan Ahead and Keep Your Promises

The holidays are hectic, with multiple celebrations and extra social outings. If this is your first holiday apart, it’s important to plan ahead and figure out who needs to be where and when. You should also decide ahead of time where the children will spend each part of the holiday, should you choose to celebrate separately. For example, Christmas Eve with one parent and Christmas Day with another can be a good compromise—but only if you talk about it beforehand. It’s also important to stick to the plan, once it’s settled. Last minute changes will cause added stress and breed resentment. If this proves too difficult, a divorce lawyer or another outside party can help by acting as a decision maker or go-between and help ensure that all sides are treated fairly.

Give Back and Focus on Others

The holidays are a time to reflect on the things for which we’re thankful and spend time with our loved ones. Both of these things can be hard to do if your family is in transition. Instead of focusing on yourself and your situation, look outward and see what you can do for others in need. If you’ll be alone for part of the holiday, find out what volunteer opportunities are available. If buying gifts for your loved ones is a source of stress, take part in a drive and donate items to those less fortunate. Giving back can be a great distraction as well as a way to honor the true meaning of the season.

If your family is in transition and you find yourself going through a separation or divorce, you don’t have to do it alone. The attorneys at Mulligan Attorneys specialize in family law and can help you get through this difficult time. Whether you need legal help or simply want to schedule a consultation, get in touch . Together, we’ll find a way to celebrate the holidays, no matter the difficulties.

Workers’ Compensation in North Carolina: Getting What You’re Owed

Wed, 02 Dec 2015 15:30:00 GMT

Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees who were injured on the job. At Mulligan Attorneys , we understand that the ability to work is vital to your comfort and wellbeing. Our attorneys can help you minimize the impacts of a job injury and assist you in navigating North Carolina workers’ compensation laws.

What is Workers’ Compensation?

In North Carolina, we have the North Carolina Workers’ Compensation Act, which requires all businesses with three or more employees to obtain workers’ compensation insurance for their employees. This requirement applies to businesses operating as corporations, sole proprietorships, limited liability companies and partnerships.

You still may be covered under the North Carolina Workers’ Compensation Act even if you’ve been issued a 1099 form for tax purposes. Just because your employer calls you an independent contractor does not necessarily mean you do not have workers’ compensation coverage. If your employer controls your work, your hours, your method of pay, or other aspects of the job, you still may be an “employee” under the Act and qualify for workers’ compensation benefits.

What Does Workers’ Compensation Cover?

Workers’ compensation covers: (1) Injury; (2) injury by accident; (3) injury that occurs in the course and scope of your employment. If you’re not sure whether your injury falls under those parameters, here’s a more detailed explanation:

Injury

An injury can be a traumatic injury, such as a broken bone or torn ligaments, or the development of a disease related to your job. Even if you had a pre-existing condition, if your job aggravates that condition you are still covered. Other conditions that are a “direct and natural” consequence of the initial injury are also covered. For example, when a foot injury results in knee problems from favoring the injured foot, both injuries are covered. For occupational diseases, the job must substantially contribute to the development of the disease.

By Accident

Only injuries “by accident” are covered under the NC workers’ comp system. An accident means some identifiable cause of the injury that is outside of the regular work routine. A worker who is injured while doing his or her regular job in the regular way may be denied. Back injuries are an exception to the “by accident” rule and are covered if they are the result of a “specific traumatic incident,” whether there is an accident or not. The employee must be able to show a point in time when they know the back injury occurred.

Course and Scope of Your Employment

The injured worker must be doing the business of his or her employer at the time of the injury. Occupational diseases like brown lung, certain cancers and carpal tunnel syndrome may be covered by the N.C. workers’ comp system if: 1) the employee was at an increased risk of contracting the disease compared to the general public, and 2) the hazardous working conditions substantially contributed to the disease. Accidents that occur while going to and coming from work are usually not covered but there are a number of exceptions.

What If the Injury is Your Fault?

Many employees don’t file for workers’ compensation because they feel their injury was at least partly their fault. However, North Carolina workers’ compensation is a no-fault system so you still qualify for benefits even if you contributed to or caused your own injury.

Have You Been Injured on the Job?

There is no shame in filing for workers’ compensation benefits if you have been injured while working. In most cases, you are not recovering benefits directly from your employer, but rather from an insurance company that your employer has paid to provide benefits to injured workers. If you still feel uncertain about the laws or the process, Mulligan Attorneys, can help. You can schedule a consultation with Mulligan Attorneys, today. Our Wilmington, NC workers’ compensation lawyers can help you get the benefits you need so you can concentrate on getting better.

How to Stay Safe this Holiday Season

Fri, 20 Nov 2015 08:00:00 GMT

The holidays are a time for love, joy, family, and friends. Unfortunately, they can also be a time of danger—especially if you spend any time on the road. When most people think of dangerous holidays, their minds turn to New Year’s Eve, when we stay up late and toast one another while singing “Auld Lang Syne.” In reality, however, the most dangerous holiday is Thanksgiving.

In 2014, AAA projected that 46.3 million Americans would take the highways and drive at least 50 miles in order to celebrate Thanksgiving with family and friends. Most of these people head out on Wednesday evening, making it one of the busiest travel days of the year.

At Mulligan Attorneys , we regularly work with people who have been in unfortunate accidents during this busy holiday season. We want everyone to celebrate safely, which is why we’ve put together the following tips for a safe and healthy holiday season.

1. Plan Ahead

Plan your route in advance and check traffic reports and weather conditions before you leave. Don’t rely solely on GPS, especially if you’re traveling through rural areas, and bring an old-fashioned paper map as a backup. You should also get your vehicle checked out before you leave and make sure everything is in good working condition.

2. Follow the Rules

Pay attention to changes in speed limits, traffic stops, and winding roads. Driving in an unfamiliar area means you don’t always know the rules, so it’s important to take your cues from the other drives and road signs. Drive defensively and keep your cool, especially if you encounter an aggressive driver. Remember, everyone is fighting their own battles, and the holidays are a time for compassion and kindness.

3. Take Care of Yourself

Before a long drive, check your tire pressure and fill up your gas tank. Your body should be treated just as well! Make sure you get a good night’s sleep before you head out, drink plenty of water, and pack some healthy snacks. If you begin to feel tired, don’t push through! Pull over and take a nap in a rest area. This is the best way to keep yourself, not to mention your fellow travelers, safe.

4. Be Prepared

Car trouble, inclement weather, getting lost, fender benders—a lot can happen when you’re on the road and away from home. Be prepared by keeping a blanket, a change of clothes, flashlights, batteries, and some cash in the truck of your car. You never know when you might need them!

5. Enjoy the Journey!

Yes, the holiday season can be stressful. Yes, driving for hours isn’t the most fun you’ll have on your trip. But the journey is just as important as the destination, and keeping a good attitude, being grateful for what you have, and looking forward to a fun and safe holiday with people you love makes it all worth it.

We hope you and yours have a great holiday and a safe and happy journey, no matter where you’re headed. From our family to yours: Happy Thanksgiving!

5 Things To Do Before You Get a Divorce in North Carolina

Fri, 06 Nov 2015 14:01:00 GMT

There are few things more painful in our lives than a divorce. In fact, in the famous Holmes and Rahe Stress Scale , divorce is the second most stressful life event that a person can experience, second only to the death of a spouse. This isn’t surprising, especially to those of us at Mulligan Attorneys,, as we’ve worked closely with many people going through this difficult time. The end of any serious, long-term relationship can be traumatic for all parties, but when you add legal contracts, property ownership, and custody battles into the mix the process becomes even more fraught. This is precisely why so many people turn to a divorce lawyer for help and peace of mind.

Family law varies from state to state, and North Carolina is a “no-fault” divorce state. This means you’re eligible for a divorce as long as you’ve been separated from your spouse for one year and have been resident of North Carolina for at least six months. You don’t have the added stress of being forced to prove that one partner is to blame for the marriage’s breakdown. While this seems like a reasonable law (and it is, for the most part) a court will still take the behaviors of both partners into account when making decisions about property, debts, support, and custody.

If you’re thinking about getting a divorce, there are a number of things you can do to protect yourself and make the process as painless as possible.

1. Visit a marriage counselor.

Marriage is a huge undertaking and there will be ups and downs, good times and bad. Before you go through the stress, trouble, and expense of a divorce, make sure your marriage is really, truly over. Sometimes a professional can help us fix things we didn’t know were broken. At the very least, a counselor can help you understand what went wrong, so that you can avoid those mistakes in the future.

2. Talk to an attorney.

Every relationship is different, and so is every divorce. Even if your divorce is simple and straightforward, you can benefit from the guidance and advice of a divorce lawyer. At Mulligan Attorneys,, we offer consultations, which can help you decide how much assistance you will need and how to best proceed. Schedule one today , before you do anything else.

3. Avoid admitting to an affair.

If you had an extramarital affair, it’s better to keep that information to yourself until you’ve spoken with a lawyer. And if this is your situation, you’ll definitely need one. Adultery is actually illegal in the state of North Carolina, and admitting to an affair can put you at a severe disadvantage, especially when it comes to alimony payments.

4. Protect your valuables and documents.

Divorce can sometimes make people act in aggressive, cruel, and unpredictable ways. If you believe a divorce is imminent, make sure to secure your personal belongings before discussions begin. Credit cards, collectibles, heirlooms, and other irreplaceable or expensive items that might be damaged, destroyed, or sold by an angry or jilted partner are best kept safe.

Also start locating documents regarding tax returns, retirement accounts, and checking and saving accounts.

5. Protect your children.

While divorce can be traumatic for the couple going through it, it can also be traumatic for their children. If you’re going through a divorce, it’s important to protect your children. Break the news to them only when you’re positive about your plans, and don’t try to turn them against your spouse. Be honest, help them cope, and ask for outside support if you need it.

At Mulligan Attorneys,, our lawyers specialize in family law and are equipped with the experience and expertise to handle your case and make sure you’re able to make the best choices for yourself and your family. For the support you need during this difficult time, contact us today.

Injured While Cycling? We Can Help

Wed, 21 Oct 2015 08:00:00 GMT

Riding a bicycle in Wilmington, NC is a common way to get around. Between the beautiful Riverwalk, a postcard-perfect Downtown area, and UNCW students whizzing to and from class, a cyclist is a common sight in the Port City. For many Wilmington residents cycling is a great mode of transportation. Not only does it get you from point A to point B, it’s a good way to squeeze in some exercise while doing something kind for the environment.

Accidents Happen

Despite these perks, there is a risk associated with riding bicycles in Wilmington. Unfortunately, many drivers aren’t aware of cyclists, or don’t see them until it’s too late. Sometimes it’s cyclists who aren’t following the rules of the road. In both cases, the end result is the same—an accident, an injury, and a reason to contact Mulligan Attorneys . If you’ve been in a bicycle accident, our team may be able to help you recover compensation from the at-fault driver’s insurance company. This can be used to pay for medical bills, lost wages, and rehabilitation costs, as well as damage to your bike or other property. Pain and suffering is also recoverable in bike cases.

Bicycle Safety Tips

In North Carolina, bicycles have the same legal status as vehicles, which means bicycles have the same rights to use the roadways as cars and trucks. It also means bicycles are beholden to the same rules and regulations that automobiles must follow. Cyclists in North Carolina are required to adhere to the following laws , for their safety and the safety of others:

Ride with traffic. This will keep traffic flowing and increase the visibility of cyclists. You should never ride against traffic. It’s the law.
Obey all traffic signals and signs. If the light is red, you must stop. If the sign says yield, you must yield. Also, riding the wrong way on a one-way is very dangerous as cars are not looking for oncoming traffic on a one-way road.
Use hand signals to communicate. Because cyclists don’t have blinkers or brake lights, hand signals are important. You can see examples of appropriate hand signals here .
Install lights on your bicycle. Bicycles must have a front lamp visible from 300 feet and a rear reflector or lamp visible from a distance of 200 feet while riding at night. These requirements are minimum requirements. The more lights the better!
Wear a helmet. Helmets are legally required of all cyclists under the age of 16 years old, but they’re a good idea no matter what age you may be. Head injuries are serious and if it rolls (bikes, skateboards, scooters, etc.) you should use a helmet while on it.

Driver Safety Tips

When it comes to injuries incurred during an accident between a driver and a cyclist, one thing is almost always certain: the cyclist is at a greater risk for injury or worse. If you’re a driver in Wilmington, NC you will be sharing the road with cyclists, and it’s important to drive defensively in order to avoid potential accidents. Here are some ways you can minimize the danger and drive responsibly in Wilmington and surrounding areas:

Pay attention at all times. Always look before backing out, making turns, or changing lanes, and never text while driving.
Give cyclists space. While North Carolina has no specific law for passing a cyclist, most states have a minimum 3-feet passing distance . However, three feet is often not enough to pass safely. To avoid injury or death please give cyclists as much space as possible. Take a deep breath and imagine your child, family member, or loved one on that bike.
Respect the bike lane. There are a number of roads in Wilmington, NC that have designated bike lanes, such as Kerr Avenue and the Gary Shell Cross-City Trail . Since these routes are used by many pedestrians and cyclists, it’s good to be hyper aware when you’re traveling near them.
Stay alert in parking lots. Many accidents happen in parking lots because drivers are focused on finding a good spot, and because the normal rules of the road don’t always apply. Drive slowly and be aware of people walking or riding in the parking lot.
Never drive under the influence . This goes for drivers and for cyclists. The risks simply aren’t worth it.
Please take a deep breath and stay calm. We all rush around to get where we are going but often it only adds a few seconds to wait until the roadway is clear in the opposite direction to safely pass a cyclist.

No matter how safe you are, accidents can happen. Luckily, there are things you can do to minimize the damage to yourself, your property, and your insurance rates. If you need help navigating this unfortunate situation, contact Mulligan Attorneys today. Our personal injury attorneys can help.

3 Things To Do After You Get a Speeding Ticket in North Carolina

Mon, 12 Oct 2015 08:00:00 GMT

At Mulligan Attorneys, speeding tickets are one of the most common traffic violations that we see. Maybe you didn’t notice the speed limit dropped when you crossed into a new town. Maybe you were running late for work and thought, “Just this once.” Often, you don’t even realize you’re speeding until you see those flashing blue lights in your rearview mirror and glance down at your speedometer in surprise. Whatever the reason, the result is the same—fines, points on your license, a day wasted in court, and a higher insurance rate.

Unless, of course, you contact our Criminal and Traffic Defense Section . At Mulligan Attorneys,, this department is headed by a former Assistant District Attorney and staffed by attorneys who are experienced at handling speeding tickets in North Carolina in the following five counties: Brunswick, New Hanover, Pender, Columbus, and Onslow. Consulting with a traffic ticket lawyer can help increase your chances of reducing or even dismissing your charges, and ultimately saving you hundreds of dollars.

If you ever find yourself facing those flashing blue lights, there are three things you can do to improve your situation. Follow these tips and you’ll be speeding toward a happy ending!

1. Figure out what kind of fines you’re facing.
Not all speeding tickets are created equal. For example, if you were caught speeding in a school zone or work zone in North Carolina, you’ll probably face an insurance increase. A ticket that clocks you at 30 miles over the speed limit will be more expensive than one in which you were only 10 over. Some speeding tickets will involve a court appearance, while others can be helped with a few nights in traffic school. It’s important to know what you’re up against before you decide what to do.

2. Contact Mulligan Attorneys,.
If all those above options made your head spin, don’t worry. You’re not alone. The law can be confusing and difficult to navigate. Luckily, Mulligan Attorneys, offers free consultations for traffic tickets for anyone in need of legal assistance. Our experienced attorneys can help you navigate the legal process and reach the best possible outcome for your individual case.

3. Check your records and accounts.
After your case is complete, your day in court is behind you, and your paperwork has been filed, request a copy of your driving record from the North Carolina Department of Motor Vehicle . It’s important to follow up on your case with both the DMV and your insurance company, and make sure your attorney’s hard work is reflected on your records. You can order a non-certified driving record for your personal use for just $8. The peace of mind it can give you will be worth much more than that!

We hope that this post helps you stay informed and empowered if you get a speeding ticket in North Carolina. If you have additional questions, don’t hesitate to contact us . We’re open, available, and happy to help. In the meantime, drive safe!

Drones: Coming to a Sky Near You!

Mon, 21 Sep 2015 15:44:00 GMT

At Mulligan Attorneys, Attorney’s, our mission and goal is to help people in need. Whether that means defending a traffic ticket or a DWI charge , resolving charges of a misdemeanor or serious felony , settling injury and insurance claims , guiding you through tough times such as separation or divorce, or getting you compensation for work-related injuries , we’re committed to your best interests. In fact, our team is so cutting edge that we’re experts not only on today’s laws, but tomorrow’s as well.

Allow us to explain. As society changes and new technologies are invented, the laws of the land must evolve and grow, too. We’ve seen this play out many times over the course of the USA’s history, as seen by the recent Supreme Court’s recent decision on same sex marriage. While that’s a big change, legal adjustments happen all the time on a small scale, too. Case in point: drones.

Drones are a fairly new invention. It stands to reason that our forefathers who wrote the Constitution couldn’t have predicted that one day, tiny remote-controlled robots would be buzzing through the sky, doing everything from waging wars to delivering our Amazon packages . Now, some lawmakers are trying to decide whether law enforcement officials can also use drones for surveillance. So far, the answer seems to be yes.

A recent article in the News & Observer reported that local and state agencies will soon be able to start flying done aircraft legally. This new law is a result of Senate Bill 446 , which would allow government agencies to use drones in order to gather information about people, but only in cases of law enforcement, emergency management, environmental regulation, and scientific research.

While some people are excited about the possibilities this will create (the bill passed by 106-4 by the House) others worry that using drones in this way is an invasion of their privacy, a violation of the Fourth Amendment, and a new way for the government to spy on the public. According to the International Business Times , the ACLU is working to educate the public about these new regulations. Meanwhile, Sarah Preston, policy director for the ACLU of North Carolina, predicts that there will be many lawsuits stemming from these changes.

While the legal ramifications of drones may not be on your mind yet, rest assured they’re already on ours. If and when you need help navigating the ever-changing laws of the land, Mulligan Attorneys, will be here for you. In the meantime, contact us with your questions about the law and its effect on you.

Three Strikes and You’re Out: DWI Laws in North Carolina

Fri, 21 Aug 2015 13:54:00 GMT

As Labor Day weekend approaches, we begin to bid summer a fond farewell. Your weekends fill up with last minute barbeques, beach days, and backyard bashes as you unwind and catch up with friends. Maybe you have a few drinks during the festivities, but you swear you feel fine—until you see those flashing blue lights in your rearview mirror.

In moments like these, our first instinct is to panic. In reality, it’s much better to keep your cool and have a plan. Everyone makes mistakes, and the team at Mulligan Attorneys , is here to help you fix them. Our lawyers are experienced, honest, and professional, and we can help minimize the damage a DWI can cause—especially in North Carolina, where the consequences are especially harsh.

First Offense

If you’re a first time offender, you could face jail time and community service, you could pay hundreds in court costs and lose your license for one year. This is just the beginning, though. You’ll also have to contend with your insurance, the court system, the DMV, and a mountain of paperwork. It can get pretty ugly.

Second Offense

Do you have fun weekend plans? Better cancel them— you could face up to 1 year in prison. You could lose your license for up to four years, depending on how recently your first offense was. But wait, there’s more—your car will now require an Ignition Interlock Device (IID), which is basically a contraption you’ll have to breath into every time you start the engine. If the IID finds that you’re above the legal limit, you’re not going anywhere.

Third Offense

When it comes to DWIs, forget charm—the third time’s a nightmare. You could serve up to 2 years in prison, you’ll pay a hefty fine, you might just lose your license forever and, on the off chance you are allowed to drive again, your vehicle will require an IID for seven full years. These are serious consequences that will affect your friends, your family, your job, and your ability to move on from this error.

When do you need an attorney?

Because a DWI can result in substantial consequences, it’s important to have a qualified expert in your corner. DWI attorneys and lawyers can help in several key ways. They can appear in court on your behalf or accompany you to court, file your paperwork, and help you obtain the best outcome for your specific case. In addition to challenging the State’s evidence at trial, an attorney can help you navigate the numerous DMV requirements that accompany a DWI charge and even recover a vehicle that has been seized.

Whether this is your first offense or your fifth, our attorneys will be with you every step of the way to ensure your rights were not violated at the time of your arrest. We will apply our experience and training towards finding any possible defense to your case.

Schedule a consultation with Mulligan Attorneys, today, and enjoy the rest of your summer responsibly.

Work Injuries

Fri, 05 Jun 2015 19:32:00 GMT

North Carolina has enacted the Workers’ Compensation Act to protect workers who are injured on the job. If you are injured while working you should not be stuck with medical bills and lost wages. These considerations are the basis for the protections in the Workers’ Compensation Act.

More times than not, the workers’ compensation medical and wage replacement payments are made by an insurance company that has collected insurance premiums from your employer. Many people mistakenly believe that these payments are made by the employer, and not an insurance company, and that you must “sue” your employer to receive the protection offered by the Workers’ Compensation Act.

If you are disabled due a workplace injury, you are likely entitled to wage replacement checks every week in an amount equal to 66 2/3% of your gross weekly wages prior to your injury. You are also entitled to all medical treatment necessary to return you to your pre-injury condition. You may be entitled to medical and wage replacement benefits for an extended period of time into the future if you are permanently disabled due to your injury and cannot return to the same job.

Motor Vehicle Injuries

Fri, 08 May 2015 15:35:00 GMT

Automobile insurance claims can be complex. If you are injured in a collision there may be various sources of insurance coverage. However, North Carolina drivers are only required to have $30,000.00 in liability coverage. Therefore, if you are injured by a driver who has only purchased the required minimum limits, you will only have $30,000.00 in protection from that driver’s policy.

This situation arises frequently but there are alternatives. You may have coverage through your own policy that provides additional protection even if the other driver is at fault. You may even have coverage through a family member’s policy. Many injured people qualify for this additional coverage but do not know it. And many people do not realize that relying on this additional coverage should not increase their insurance premiums. Some of these coverage types are medical payments, uninsured motorist coverage, and underinsured motorist coverage.

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