Blog

If you have a child in college and he or she is heading somewhere for Spring Break, it could be an excellent time to remind them about the consequences of criminal activity. Unfortunately, many young people think Spring Break gives people the freedom to do whatever they want, but this is not the case. In fact, in recent years, some popular Spring Break destinations have started ramping up law enforcement efforts and banning certain activities, like drinking alcohol on beaches, hoping to curb common Spring Break criminal acts. With this in mind, parents should discuss with kids the following points: Actions have consequences, even when you are on vacation. Your child may not have school, family or work responsibilities while traveling, but they still need to be responsible. This means obeying the law. And anyone who fails in this regard can face the consequences, including imprisonment and a stain on their criminal record. Every state has different laws. Drug and alcohol use is common among college students on Spring Break, and it may not always be illegal to use either. That said, no matter what the laws may be in a person's home state or home country regarding drinking age or drug laws, travelers must comply with the laws of the city or country where they are vacationing. Penalties and law enforcement tactics can vary, as well. Ramped up enforcement can increase the likelihood of an arrest. Police know that students drink, party, fight and engage in sexual activity during Spring Break. To combat the influx of potential criminal behaviors, many areas increase police presence. Because of this, it can be more likely that police will arrest a person engaging in misconduct. Charges can follow you everywhere. Spring Break will end, but criminal charges and penalties can follow a person back home. In some cases, a person may not even be able to go home if they must serve a sentence or appear in court. Back home, a young person could also be dismissed from school or fired from their job. Parents may not trust a child anymore. A student may have to find a way to pay for legal fees, fines and other financial repercussions stemming from a criminal offense. Reminding young people about these points can help them appreciate the importance of staying safe and avoiding arrest on vacation.

Insider trading is persistent problem in the stock exchange. Access to material non-public information (MNPI) can lead to serious charges, with huge fines and lengthy prison sentencing. Now that the emergence of the COVID-19 coronavirus has generated a global economic panic, new worries about insider trading have entered the picture. Market volatility opens new doors for illegal trading based on emerging MNPI information. It’s important to recognize the risks of insider trading. It’s even possible to commit the offense due to negligence. Don’t let bad trading practices strike you down Awareness of some securities trading best practices is your first line of defense against this risk, especially as the novel coronavirus pandemic begins disrupting the market. The following are some basic measures to consider: 1. Avoid risky trades: in a corporate setting, one practice that protects against insider trading is restricting timeframes when employees can trade on company-owned securities. This avoids enabling insider information around the timing of earnings reports and other information releases. Similarly, don’t act on a trade if you do come across non-public information. 2. Use software that tracks and monitors trades: technology provides ample space to keep tabs on trading, including software that can automate the process. 3. Employ whistleblowers and watchdogs: Some companies have a dedicated watchdog on staff, while others designate employees as whistleblowers who agree to notify the U.S. Securities and Exchange Commission (SEC) in the event that insider trading is detected. 4. Get educated: whether you’re an employer or an employee at a corporation, make sure there’s ample awareness of the pitfalls of insider trading, including ways that non-public information can just “fall into your lap,” and all of the considerations to make before acting on a potential trade. While it can be difficult to prosecute insider trading, the consequences can still be heavy. It’s important to speak with a defense attorney before doing anything else if you're suspected of it. It’s even more critical that you heed advice about preventing it from even coming into question – especially when the market is volatile.

It had been more than a year since measurable snow amounts fell in North Carolina. However, after a storm last week, some areas reported up to four inches. The snow and freezing temperatures reportedly contributed to multiple motor vehicle accidents across the state. Snowy weather can cause serious accidents One of the most serious accidents involved a law enforcement officer who reportedly sustained an injury when a car hit her. She had apparently exited her vehicle in an attempt to assist other drivers at the time of the crash. She required transportation to the hospital for non-life-threatening injuries that may include a broken leg. It was necessary to close down the road where the accident occurred for over an hour thereafter so an investigation could take place. No information as to the results of that investigation is available. A frightening crash occurred Friday morning along U.S. 70 near Durham. A car reportedly landed upside-down after sliding off the road, flipping over a guardrail and sliding down a snowy embankment, hitting some trees along the way. No information on injuries resulting from the crash is available, but news reports indicate that the driver was able to stand up and carry on a conversation with first responders at the scene. The accident is one of several that occurred along that stretch of U.S. 70. Authorities believe that black ice may be to blame. What can you do if you are hurt in an accident? If traveling in hazardous weather conditions is unavoidable, drivers should go slow and observe proper safety precautions. Those injured due to reckless or unsafe driving during inclement weather may wish to consult an attorney to explore available legal options for seeking damages. At , we help injured people across North Carolina get their deserved compensation. Our personal injury attorneys will fight for you and make sure that you can move forward with your life in a positive direction.

Some North Carolina residents may think it is harmless to put false information on a credit card application. Many financial institutions do not require individuals to submit documents such as pay stubs or tax returns as part of the credit card application process. However, intentionally lying on an application may count as bank fraud and lead to criminal charges. You need immediate legal if you are accused or charged with bank fraud. Learn more about how fraud related to credit card applications works and then contact a knowledgeable white collar criminal defense lawyer who can protect your rights. Fraud related to credit card applications In many cases, the most significant factor in getting approval for a credit card is an applicant's income. An article from U.S. News and World Report indicates that while financial institutions may use an applicant's credit score to determine eligibility for a credit card, income is usually a key factor. Legal regulations designed to protect consumers from predatory lending practices make it necessary for most lenders to follow income requirements before approving credit card applications. Some individuals accidentally lie on credit card applications by including the wrong types of income, such as a parent's salary or disbursements from a student loan. However, other applicants knowingly report higher income in order to qualify for a credit card. If the financial institution discovers the lie, it may choose to pursue criminal charges. Serious penalties for bank fraud According to FindLaw, bank fraud describes actions intended to defraud a financial institution or obtain funds or assets by false means. Bank fraud is a federal crime with potential penalties including, millions of dollars in fines and decades in prison. While many people think of actions such as forging or stealing checks as common examples of bank fraud, lying on a credit card application may also lead to criminal charges. Prosecution for fraudulent credit card applications may not be a common occurrence, but it is still a possibility. Start building a strong defense The criminal defense attorneys at , can help you protect your rights and freedom. Learn more about how they can help you by contacting the firm and scheduling your first meeting.

Many crimes can fall into the category of white collar crimes. You will notice that these crimes often happen on a large scale and always involve a financial aspect. This category includes embezzlement, fraud and Ponzi schemes. Ponzi schemes have been around for a long time. In fact, the U.S. Securities and Exchange Commission explains the name comes from Charles Ponzi, who scammed investors in the 1920s. If you are accused of running a Ponzi scheme or some other white collar crime, you need a knowledgeable defense. It is critical that you contact a skilled criminal defense attorney who can build a strong defense for your charges. Understanding a Ponzi scheme A Ponzi scheme is a type of investment fraud. Someone will approach an investor and ask them to invest in a company that will help them see quick returns and a lot of money. Once a person invests in the scheme, the person running the scheme takes the money and gives it to someone who previously invested, acting as if this is a return from their investment. However, what is really happening is that the person running the scheme never invests any money and just pays each old investor with the money from new investors. For this scam to work, there always has to be new investors. Once people figure out the scam, they stop investing. Those who invest later in the scheme end up losing out and none of the investors see any more returns. What should you do if you are accused of running a Ponzi scheme? Unfortunately, some white collar investigators are quick to accuse someone of running a Ponzi scheme even though their business is legitimate. Additionally, the criminal investigators or the investors may not have all the details about how your business works. Because of this, it is highly recommended that you hire a white collar criminal defense attorney who can protect your rights and freedom. At Frasier & Griffin, PLLC, we defend our white collar clients from criminal charges. Our defense attorneys will handle the communication with investigators and will work to protect your future.

A recent study of crash volumes and accident totals across the country shows that total motor vehicle accidents in Raleigh have decreased by 25.5% since 2018. Over the same time period, total crashes for the United States as a whole increased by 6.8%. Nevertheless, the same research ranks Raleigh sixth among the top 10 most dangerous cities in the nation for drivers in 2019. Over the course of the year, the city saw a total of 12,846 car, accidents according to the nationwide study. The facts about Raleigh car accidents Raleigh was one of two cities in North Carolina to make the top 10 list of the most dangerous cities. The other was Charlotte, with a total of 21,818 car accidents in 2019, ranked at number two. With 22,188 total accidents in 2019, the number-one most dangerous city in the United States, according to the study, was Houston, Texas. The results of the study derived from over 1.8 million accident reports from cities around the country. Interestingly, another recent study ranked Raleigh and Charlotte as two of the most driver-friendly cities in the nation. The second study took more information into consideration. In addition to accident statistics, it also ranked cities according to factors such as commute times, gas prices and insurance rates. Regardless of which study paints a more accurate portrait of the driving situation in these two North Carolina cities, the effects of a car accident can stay with a victim for decades. Those injured in a collision with another vehicle may wish to seek the advice of an attorney regarding available options to take legal action. What can you do if you were hurt in a car accident? You need knowledgeable legal help if you have serious injuries that were caused by a motor vehicle accident. One of the knowledgeable personal injury attorneys at Frasier & Griffin, PLLC, can help you get your deserved compensation and medical coverage for your injuries. We can answer your questions and help you determine your next steps in a consultation.

Winters in North Carolina typically don't involve much snow, in contrast to other regions of the United States. However, this area is prone to rain during the winter months, which can also be hazardous to drivers. Knowing how to navigate wet, rainy roads is a must to keep yourself and other motorists safe. In this case, Edmunds offers the following safety tips to prevent serious accidents from occurring. Posted speed limits are designed for ideal road conditions. When roads are slick, drivers are encouraged to decrease their speed to accommodate conditions. Wet roads decrease traction between the tires and the pavement, which can lead to skidding. Some estimates say that wet roads reduce traction by about one-third, so drivers are encouraged to reduce their speed by about as much. As an example, if the posted speed limit is 55 mph, it's suggested that motorists travel at about 40 mph in rainy conditions. Even with your best efforts, you might still experience hydroplaning. This is when your vehicle's tires lose contact with the road, which can lead to serious accidents. Consider that hydroplaning can occur at speeds of just 35 mph. Knowing how to deal with this situation is a must to preserve the safety of you and other drivers. When you start sliding, ease your foot off the gas. You can also gently engage the brake, but refrain from slamming it down, as this can increase skidding. Also, be cautious about steering your vehicle until you regain traction, as you may inadvertently steer into oncoming traffic or some other situation when tires gain their grip on the road. While you should always keep about three to four seconds distance between yourself and other vehicles, this distance should be expanded to about five seconds in wet conditions. In the event the vehicle in front of you stops short, this distance will allow enough time for you to stop. You should also keep ample space around the sides of your vehicle whenever possible. What can you do if you are hurt in an accident? If a negligent driver caused you to become injured, a knowledgeable lawyer can help. At , our personal injury attorneys help injured people get their deserved compensation.

If you are charged with a DWI in North Carolina, you must take your defense seriously. You could face fines, the suspension of your license, jail time and other consequences depending on how many times you were previously convicted of a DWI. At Frasier & Griffin, PLLC, we defend the rights of clients who are charged with a DWI and work to protect their freedom and future. The most critical aspect of protecting your future is to understand what can cause a police officer to charge you with a DWI. North Carolina law specifies that for adults aged 21 or older, it is illegal to operate a vehicle if you have a blood alcohol content (BAC) of 0.08 percent or higher. Even if you are not exhibiting signs of impairment, you may still be charged with a DWI if your BAC is shown to be over this legal limit. If you refuse to have your BAC tested, you may have your license suspended for up to 1 year with no opportunity to obtain driving privileges for the first 6 months. Because of this limit and the serious consequences of a DWI, you must understand some basic facts about what influences your BAC. BAC is dependent on a variety of factors Your BAC can be hard to predict, and your physical characteristics will make a difference when trying to determine how many alcoholic beverages must be consumed to reach the 0.08 percent limit. Three factors to consider when attempting to calculate your BAC are your weight, gender and drinks per hour. For example, if you are a woman who weighs 137 pounds, it can take just three standard drinks (drinks that have 10 grams/12.5 milliliters of alcohol) in one hour to reach the legal limit of 0.08 percent. If you are a man who weighs 170 pounds, it can take only three-and-a-half standard drinks in one hour to reach the limit. Note, these BAC calculations are only estimates and a multitude of other circumstances can affect your BAC. If you drink on an empty stomach, your BAC will be higher than someone who has recently eaten a meal. Certain medications can also interact with alcohol to raise a person’s BAC beyond the expected level. Because of these factors, it can be challenging to calculate your BAC without the use of specialized tools. Unfortunately, these tools, such as a Breathalyzer or blood test, may produce flawed results if the tester misused them or did not calibrate them before testing. A few exceptions to the 0.08 BAC limit Although the legal limit for most adults is 0.08 percent, there are a few circumstances that can lead to DWI charges at a lower BAC. For example, drivers under the age of 21 and school bus drivers must maintain a BAC of 0.00 percent when operating their vehicles. People who have a commercial driver’s license have a lower legal limit of 0.04 percent. You can also be charged with a DWI if a drug impairs your ability to drive. These drugs include prescription medications and controlled substances, such as marijuana. Get help if you are charged with a DWI Many factors can affect your DWI charges and potential defense strategies. Because of the variety of issues that may be at play in your case, you should contact Frasier & Griffin PLLC as soon as possible. The experienced defense attorneys at Frasier & Griffin, PLLC, will take immediate action to defend your rights if you are charged with a DWI.

Property crime charges such as theft in North Carolina may result in misdemeanor or felony charges depending on the circumstances of the case. Factors include the amount, whether the perpetrator used a weapon and the type of property involved. Before facing a court date for a North Carolina theft charge, learn more about the types of crimes and the penalties for conviction. Embezzlement (theft by employees) If you steal property valued at less than $100 from your employer, you may receive a Class H felony charge, which carries four to 25 months in prison. Amounts above $100 constitute a more serious Class C felony, resulting in 44 to 182 months in prison. Larceny (property theft) Stealing property or cash of less than $1,000 is a Class 1 misdemeanor, which carries up to 120 days in jail and an optional fine. For amounts above $1,000, this crime becomes a Class H felony. Other circumstances the court considers an automatic felony include cases where: You have stolen property directly from another individual's person You have stolen a deadly weapon or explosive device You entered another person's home to commit theft (burglary) Larceny of fuel Stealing gasoline and other types of motor fuel constitutes a Class F felony. This offense carries a sentence of 10 to 41 months in prison. Receiving stolen property If you come into possession of stolen goods, you could receive a Class H felony charge if the value involved is more than $1,000. The court will consider whether a reasonable person would have known the status of the goods. North Carolina assigns a point system to previous offenses. If you receive a new theft conviction, you may receive an increased sentence depending on your number of points. On the other hand, individuals who have no prior convictions may qualify for reduced sentences depending on the facts of the case. Mitigating factors are positives that work in your favor, such as a willingness to accept responsibility for your crimes. Aggravating factors increase your sentence and may include the age of the victim, the use of a weapon and whether another person paid you to commit the crime.

A wrongful death suit in North Carolina is a type of personal injury lawsuit specifically focusing on the death of a loved one due to reckless, deliberate or negligent behavior by another. The person’s estate can sue the wrongful party to cover costs related to the death. The case goes before a civil court judge who decides on the awarded damages. According to NOLO, a variety of parties can be at fault for wrongful death. Anyone from a corporation to an individual may be sued for their actions. Unfortunately, not all cases qualify for wrongful death. In some cases, a government agency or employee of the agency may have immunity from these types of lawsuits. Certain types of cases or allegations against corporations may have immunity according to prior federal court rulings. The North Carolina General Assembly qualifies awarded damages based upon whether the person had lived. If the defendant would be liable in the event the person had not died, the defendant “ shall be liable to an action for damages, to be brought by the personal representative or collector of the decedent.” Damages can include punitive damages, pain and suffering compensation, medical expenses related to the injury, funeral expenses, nominal damages and other monetary losses. The loss of a loved one can lead to financial loss for the family. Filing a wrongful death lawsuit may help the family recover from those financial losses. An attorney can help you determine whether or not there is a case. Legal counsel looks beyond the emotional to represent the family during the suit.

Every day, hundreds of people suffer serious and disabling injuries in auto accidents. If a careless driver struck you while walking in downtown Durham or Raleigh, you may be dealing with expensive medical bills on top of lost wages. Losing income is likely detrimental to your family. Knowing what to do after a serious injury to provide for your family may take professional assistance. In the meantime, these tips may help. Keep records of your lost income First, gather proof of your lost income. Keep track of medical records, prognosis reports, paystubs and any letters from your employer. You will need evidence that the car accident put you out of work, and that you lost wages because of your injuries. Calculate your losses Find out exactly how much your injury will cost you in lost wages. Include the wages you missed during doctor’s appointments and recovery time, as well as any benefits or opportunities you might have missed, such as overtime pay. Then, calculate future lost capacity to earn by multiplying your daily wage by the number of days your doctor predicts you will be unable to work. File a claim with the right insurance company File your initial injury claim with the at-fault party’s carrier for the accident. North Carolina is a tort-based state. The at-fault driver will be responsible for repaying your medical expenses, lost wages and property damage repairs. Request disability benefits through Social Security While your insurance claim is pending, seek additional benefits to cover your missing income by applying for Social Security Disability benefits. Social Security Disability Insurance or Supplemental Security Income could cover most or all of your lost income. Initiate a personal injury lawsuit A lawsuit against the at-fault driver, an auto part manufacturer, the city or another defendant could result in greater compensation for your losses than an insurance claim alone. You may have grounds to bring a lawsuit if you suffered serious or catastrophic injuries, and if the driver was negligent or careless.