Law Office of William G. Causey Jr.Greensboro NC Lawyer Criminal Defense | High Point Car Accident2024-03-14T13:49:04Zhttps://www.williamcausey.com/feed/atom/WordPress/wp-content/uploads/sites/1200869/2019/11/cropped-SiteIcon_Causey-1-32x32.pngOn Behalf of Law Office of William G. Causey Jr.https://www.williamcausey.com/?p=477202024-03-14T13:49:04Z2024-03-14T13:49:04ZLicense suspensions
Also known as a “civil license revocation,” a license suspension is a temporary loss of driving privileges. Under North Carolina law, if you're charged with DUI, the immediate consequence is typically a 30-day civil revocation of your license if you register a blood alcohol concentration (BAC) of 0.08% or higher or if you refuse to take a chemical test. For drivers under 21, any amount of alcohol can result in a suspension.
After the civil revocation period, you may be eligible to have your license reinstated, possibly with conditions such as installing an ignition interlock device.
License revocations
On the other hand, license revocation is the complete termination of your license. This can occur for various reasons, such as accumulating multiple DUI offenses. Your first DWI offense can also lead to a license revocation under certain circumstances.
Subsequent offenses carry more severe penalties, with a second DUI leading to a four-year revocation and a third DUI resulting in permanent revocation.
When does a DWI lead to one or the other?
The severity of the DWI charge plays a significant role in deciding whether you'll face suspension or revocation. Factors include your BAC level, whether you have prior DWI convictions, and if there was an accident involving injury or death. The presence of aggravating factors (such as reckless driving while drunk, having a minor passenger during the offense, etc.) can also increase the likelihood of a revocation.
If you face a DUI in North Carolina, it's essential to understand your rights and the legal process. A DWI attorney can help explain the intricacies of your case and your rights under the law. The legal professional can also represent you in court and fight for your desired case outcome.]]>On Behalf of Law Office of William G. Causey Jr.https://www.williamcausey.com/?p=477192024-03-13T13:53:50Z2024-03-13T13:53:50ZMortgage fraud is a serious offense with significant consequences. It involves making any false statement, misrepresenting facts or leaving out vital information during the mortgage lending process when buying a house. Some people might not be aware that providing inaccurate information during the mortgage process can constitute fraud.
However, if an individual takes these actions with the intent to deceive or defraud, they are committing a crime. Understanding the nuances of this crime can help you avoid potential pitfalls or equip you with defenses if charged.
Scope of the crime
Residential mortgage fraud is illegal in North Carolina. You could potentially commit fraud at various stages while applying for, securing or repaying a mortgage loan:
Pre-application: Even before submitting the formal mortgage application, you might unintentionally commit fraud. For example, knowingly inflating your income or understating your debt to secure a loan could qualify as fraud.
During the application process: You could commit fraud if you knowingly use a false pay stub or bank statement to support your loan application or conspire with others to misrepresent your financial circumstances.
After the application process: Fraud can continue even after the loan approval. For instance, if you file a false document in public records claiming that your mortgage loan has been satisfied, discharged, released, revoked, terminated, or is invalid—when, in fact, the loan is still outstanding—you are committing residential mortgage fraud.
Remember, the legal system places significant emphasis on intent in fraud cases. Did you knowingly file the false document with the intent to deceive, or did you genuinely believe the loan had been settled? These are important considerations. Any action you take with fraudulent intent within the mortgage process could potentially lead to legal trouble.
Possible defenses
In North Carolina, such fraudulent acts involving a single mortgage loan can lead to a class H felony. This carries a penalty ranging from 4 to 25 months imprisonment, depending on prior convictions. If you are charged with residential mortgage fraud, remember that everyone has the right to a defense. The intent to defraud is a crucial aspect of this crime.Potential defenses include showing you didn't intend to mislead or deceive. In other words, you might argue that any inaccuracies were honest mistakes, not intentional falsehoods.In addition, you might challenge the claim that the information provided was materially false. Every case is different. So, consider consulting with a legal professional who can guide you in possible defense strategies.]]>On Behalf of Law Office of William G. Causey Jr.https://www.williamcausey.com/?p=477162024-02-29T14:52:58Z2024-02-29T14:52:58ZA sex crime allegation is a serious and complex issue. A conviction bears grave consequences for the accused, which can affect different aspects of your life. But what if someone accused you of something you did not do? Before you make any rash decisions, try to stay calm and remember your right to legal counsel. An attorney can help you assess the situation and strategize on how to defend yourself against sexual assault and other related offenses. Below are additional tips for what to do and what not to do in this upsetting situation.
Things you should not do after a sex crime accusation
If you feel someone is falsely accusing you of a sex crime, it is only natural that you would want to clear your name and image. However, taking certain steps can make your circumstances worse:
Confronting the accuser: As much as you might want to ask for clarification, a confrontation can make the accuser feel threatened.
Talking directly to the police without consulting an attorney: Only give statements to police once you have spoken with an attorney. You have the right to remain silent, and things you say to police could come back to haunt you.
Venting to other people on social media: Being accused of a sex crime can be aggravating, but you should rein in your emotions and not let them get the best of you. Even if you think you are anonymous or posting on a private account, it is much easier than people think to get access to what we say and do online. Thus, prosecutors can use your online statements and actions against you.
Remember to stay calm during these circumstances, as plenty of eyes will be on you. Fewer actions can result in fewer mistakes.
Taking every accusation seriously
People wind up facing wrongful sexual offense allegations for many reasons, from mistaken identity to a remorseful sexual partner. In some cases, an accuser may attempt to make a former partner look bad when involved in family legal proceedings.Although they are merely allegations proven true, they can still negatively impact your life. Sexual criminal accusations like this can jeopardize your job, relationships and overall wellness, and taking your defense against them seriously will be crucial. ]]>On Behalf of Law Office of William G. Causey Jr.https://www.williamcausey.com/?p=477152024-02-13T10:59:39Z2024-02-13T10:59:39ZUnderstanding eligibility
The eligibility for expungement varies depending on the type of criminal offense the person wants to set aside. The individual's age at the time of the offense is also a major factor for expungement. If a person had previously faced criminal charges that were dismissed or a court found them not guilty, they may also be eligible for expungement.
The following criteria make a person eligible for expungement:
First-time offenders and age considerations: Persons convicted of a first-time, nonviolent misdemeanor or felony before the age of 18 may be eligible for expungement. Those convicted of misdemeanor possession of alcohol before the age of 21 may also have the offense expunged.
Nonviolent misdemeanor and felony charges: Those convicted of nonviolent misdemeanor and felony offenses as adults may also have their records expunged. There’s no age limitation for this type of expungement, as long as the offense is nonviolent. However, there’s a waiting period that the person must abide by. A person can only have their misdemeanor offense expunged after five years from conviction and 10 years for a felony conviction.
Dismissals and acquittals: If your criminal case was dismissed or a court didn’t find you guilty, you might be eligible for expungement. There’s no waiting period, though you’ll still have to pay a fee.
Drug and controlled substance convictions: Certain first drug offenses for persons not over 21 at the time of the offense may be eligible for expungement. North Carolina can also expunge the criminal records of persons convicted of toxic vapors offenses, for as long as they were not over 21 at the time of the offense.
Eligibility for expungement in North Carolina is a nuanced subject. Understanding these laws can be the first step toward clearing your record and moving forward with your life. If you think you meet any of the criteria outlined, consider consulting with a legal professional, who may be able to assess your eligibility and help you with the process.]]>On Behalf of Law Office of William G. Causey Jr.https://www.williamcausey.com/?p=477132024-01-31T08:39:57Z2024-01-31T08:39:57ZState legal framework on tax offenses
Per state law, the following tax evasion actions are criminal offenses:
Willful attempt to evade or defeat tax: People can commit this offense in various ways, such as underreporting income from side jobs, overstating charitable contributions and concealing assets.
Willful failure to file a return, supply information, or pay tax: Tax returns are reports filed with the Internal Revenue Service (IRS) or a state-local tax collection agency to calculate one’s income tax. Willfully failing to provide this report on time is a punishable offense.
Fraudulent and false statements: It’s a crime to knowingly use the identifying information of another (i.e., their tax return information) to obtain a benefit such as lower taxes.
Imprisonment and heavy fines await those convicted of tax evasion.
The penalties for tax evasion
The consequences of tax evasion and fraud can be severe, including:
Willful attempt to evade or defeat tax: This is a Class H felony, which leads to up to 25 months of prison time.
Willful failure to file a return, supply information, or pay tax: This is a Class 1 misdemeanor, which carries up to 120 days in jail. The convicted might also have to pay a court-determined fine.
Fraudulent and false statements: This is a Class G felony with up to two years of imprisonment. If the person whose identifying information was used suffers any financial impact due to the offense, it becomes a Class F felony instead. A Class F felony carries up to 41 months of prison time.
On top of these penalties, the North Carolina Department of Revenue can assess a financial penalty against the convicted person equal to 50% of the total deficiency.
Tax evasion isn’t a victimless crime since an offense hurts all honest taxpayers. If you suspect you may have committed a tax-related offense or if you're facing charges, consider seeking a legal professional who can help you navigate the court process.]]>On Behalf of Law Office of William G. Causey Jr.https://www.williamcausey.com/?p=477122024-01-19T10:05:16Z2024-01-19T10:05:16ZZero tolerance for underage drinking and driving
According to state law, it’s illegal for a driver under 21 to operate a vehicle with any amount of alcohol in their system.
Normally, the legal blood alcohol concentration (BAC) limit for drivers 21 and over is 0.08%. But for underage drivers, any BAC above 0.00% can result in a DWI charge.
The consequences for underage DWI
Underage DWI is a Class 2 misdemeanor. On conviction, the young driver faces the following penalties:
Up to 60 days of active, intermediate or community punishment or jail time. The choice between community service or jail depends on the severity of the offense and the judge’s discretion.
As much as $1,000 in fines.
Mandatory alcohol education and assessment programs.
A one-year license suspension for a conviction. This can be longer depending on the circumstances and any prior offenses.
On top of these punishments, the North Carolina Division of Motor Vehicles can also revoke the underage driver’s license as an added administrative penalty. This revocation will be in addition to any other suspension or revocation.
Education is key to preventing underage DWI incidents. Young drivers must understand the risks associated with drinking and driving, not only for their legal standing but also for their safety and the safety of others on the road.
The consequences of an underage DWI are severe and can affect a young person's future significantly. If you’re the parent or guardian of an underage driver facing charges, carefully consider your legal options with the help of an experienced attorney.]]>On Behalf of Law Office of William G. Causey Jr.https://www.williamcausey.com/?p=477112024-01-18T01:45:59Z2024-01-18T01:45:59ZCocaine possession and its penalties in North Carolina
Possession of cocaine in North Carolina is a felony regardless of the amount involved. For possession of cocaine in a small amount that’s considered for personal use, the charge is a Class I felony that can result in a sentence of six months to one year in jail. Repeat offenses or possession of larger amounts can lead to more severe penalties.
Cocaine sales and trafficking
Selling cocaine is always a felony charge. It’s a Class G for most situations; however, it increases to a Class E if the sale is within 300 feet of a school, to a pregnant woman or someone under 16 years old.
Trafficking cocaine in North Carolina is a more serious charge and is primarily determined by the weight of the drug.
28 to 200 grams: Class G felony
200 to 400 grams: Class F felony
400 grams or more: Class D felony
Typically, a cocaine trafficking conviction can lead to 35 to 222 months in prison, depending on the amount. There are also fines of $50,000 up to $250,000 possible for these convictions.
The role of drug court in North Carolina
North Carolina’s drug court system plays a crucial role in the state's approach to handling drug-related offenses. Drug court offers an alternative to the traditional criminal justice process by focusing on rehabilitation through supervised treatment programs. Participation in drug court can lead to reduced sentences or alternative sentencing options for eligible defendants.
Understanding the various cocaine charges and their penalties in North Carolina is essential for anyone navigating the state's legal system. Because of the complexities of these cases, it’s critical for anyone facing these charges to work with someone who can provide them with guidance about their options for building a defense strategy.]]>On Behalf of Law Office of William G. Causey Jr.https://www.williamcausey.com/?p=477102024-01-10T08:27:42Z2024-01-10T08:27:42ZWhat is drug paraphernalia?
As defined by North Carolina law, drug paraphernalia is defined as any equipment, product, or material that is used or intended for use in a variety of drug-related activities. These activities include:
Cultivating or growing
Harvesting
Manufacturing
Converting
Producing
Processing
Preparing
Testing
Analyzing
Packaging
Repackaging
Storing
Containing
Concealing
Ingesting, inhaling, or otherwise introducing into the human body
Some of the more common drug paraphernalia includes items specifically designed for the cultivation, production, and consumption of controlled substances. These include pipes, rolling papers, and bongs. But prosecutors can also label some everyday household items as paraphernalia if there’s evidence of drug-related use, such as belts, small spoons, toothpicks and so on.
The legal consequences
Possession of drug paraphernalia is a Class 1 misdemeanor in North Carolina. On conviction, this leads to jail time of up to 120 days and a fine determined by the court. A convicted person may also be put on probation and a court can order them to perform community service.
A convicted person also gets a misdemeanor on their criminal record. Even a misdemeanor on record can hurt a person’s future educational, career and housing opportunities.
Understanding your rights when it comes to drug paraphernalia is crucial. If you're facing charges, seeking legal counsel familiar with North Carolina's drug laws is essential. Remember, the implications of a paraphernalia charge can affect various aspects of your life.]]>On Behalf of Law Office of William G. Causey Jr.https://www.williamcausey.com/?p=477092023-12-22T15:53:56Z2023-12-22T15:53:56ZMisappropriation, failure to account for funds
Per state law, a treasurer or other financial officer of a religious institution or charitable group commits a violation if they lend any funds that pass through their hands to any other person (such as themselves) or other organization without their group’s consent.
Treasurers will also face charges if they fail to account for such funds when called on by their organization.
This offense is a felony by law.
The penalties for embezzling charitable, religious groups
If the offense involves money worth less than $100,000, it’s a Class H felony. On conviction, a person faces up to three years in prison.
However, if the amount misappropriated in the offense is $100,000 or more, it becomes a Class C felony. This offense is punishable by up to 19 years of prison time.
A financial officer violating their responsibilities to protect their organization’s funds – whether it’s a for-profit or nonprofit – will have to pay a steep price for their misappropriation. If you face charges for embezzling funds from your organization, consider seeking help from a legal professional experienced in white-collar crime law. You should never take fraud accusations lightly because a conviction spells years of jail time and a criminal record that lasts for life.]]>On Behalf of Law Office of William G. Causey Jr.https://www.williamcausey.com/?p=477082023-12-14T15:06:46Z2023-12-14T15:06:46ZWhat is secret peeping?
Secret peeping involves observing or recording someone without consent in places where they naturally expect privacy. North Carolina law outlines a wide range of activities that may fall under secret peeping, such as:
Watching another person secretly in a private space such as a bedroom, rest room or dressing room
Using a mirror or another device to look under or through someone’s clothes without consent
Having a camera or similar device while secretly watching someone in a room
Setting up a device to take photos or videos of another or to arouse sexual desire
Distributing images taken while secretly peeping
Peeping does not always require sexual intent, but it is often the case for those apprehended for the crime in North Carolina. If you are facing sex crime or criminal charges, you could be subject to severe penalties.
Penalties for peeping
Secret peeping can lead to a misdemeanor or felony charge, which may be punishable by jail time. Moreover, a second violation may result in mandatory sex offender registration. Either could carry long-term consequences affecting various aspects of life, from employment to housing.
People-watching in a public place is a socially acceptable activity. Many even do it subconsciously. However, deliberately looking into a room or using hidden devices to watch someone else without them knowing can cross the line. Secret peeping is not just an invasion of privacy, but a punishable crime that requires a strong legal defense.]]>