The Law Office of Michael D. Cleaves, PLLC Blog
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The Law Office of Michael D. Cleaves, PLLC blog shares Criminal Defense stories and opinions relevant to Statesville, North Carolina residents. Let us know what you think. The Law Office of Michael D. Cleaves, PLLC, was established to help people just like you in North Carolina, with families just like yours and legal problems that need solving.
The Law Office of Michael D. Cleaves, PLLC Blog
2M ago
When you’re accused of a criminal offense in North Carolina, it can be easy to let yourself panic. However, just because you’re accused of a crime does not mean that you will be found guilty. Hiring an experienced Statesville criminal defense attorney gives you a strong chance at fighting the allegations made against you, as you’ll have a powerful advocate on your side.
If you’re searching for a criminal defense attorney in Statesville, NC, it’s crucial that you understand the different elements of retaining one.
What Does a Criminal Defense Lawyer Charge in North Carolina?
Most North Carolina ..read more
The Law Office of Michael D. Cleaves, PLLC Blog
2M ago
Every state has the power to decide how driving under the influence charges are handled. In North Carolina, the state has some of the strictest DWI laws in the country. This makes working with a Statesville DWI lawyer vital if you’ve been accused of a DWI in the area.
What Is a DWI?
An individual may be charged with a DWI, which stands for a “driving while intoxicated” charge, if they are found operating a vehicle while under the influence. While many people think that you can only receive a DWI when you’re drinking, North Carolina’s DWI laws also apply to those who are impaired by substances ..read more
The Law Office of Michael D. Cleaves, PLLC Blog
2M ago
Drug laws do not only criminalize illegal drugs. There are some objects which people use to package, analyze or ingest controlled substances. The law calls these objects drug paraphernalia. Under state law, it is illegal to possess materials and devices if they qualify as paraphernalia.
There may be a question of whether or not an object is actually drug paraphernalia. North Carolina law establishes some guidelines to help clarify this issue.
The location of the item
Links to illegal drugs may qualify materials as paraphernalia. A police officer might discover a measuring device with drug resi ..read more
The Law Office of Michael D. Cleaves, PLLC Blog
2M ago
During a traffic stop in North Carolina, a law enforcement officer may ask you if he or she may have a look through your car. In some cases, you may have no choice but to let the officer move forward with the search. However, in others, you may have the right to refuse the search request.
According to FlexYourRights.org, whether a law enforcement official has the legal authority to search your car depends on if he or she has one of three specific things. The first is your consent. The second is a warrant. The third is something that counts as “probable cause.”
What might count as probable caus ..read more
The Law Office of Michael D. Cleaves, PLLC Blog
2M ago
In North Carolina, a DPVO is a Domestic Violence Protective Order. The DPVO is a court order that requires one person to stay away from another. For example, if someone alleges domestic violence against you, you would have to stay away from that person and if you violate the order, you can face arrest.
DPVOs can become permanent, but they only last up to one year and must renew once every two years. To qualify for a DPVO, a person can claim various types of domestic violence. Additionally, the person must have specific relationships, including a spouse, ex-spouse, shared children, a dating rel ..read more
The Law Office of Michael D. Cleaves, PLLC Blog
2M ago
Traffic stops for routine issues often lead to more serious charges. Officers typically end up finding other crimes through traffic stops.
Even if you have no concerns about officers finding you breaking other laws, a traffic stop is an annoyance. It takes time and can ruin your whole day, especially if you get a ticket. So, making sure you are 100% compliant with the law is essential. One area many people may make a mistake is when it comes to North Carolina’s seatbelt laws.
Basic rules
Seatbelts are mandatory for every passenger in a vehicle. The Child Passenger Safety Law covers children un ..read more
The Law Office of Michael D. Cleaves, PLLC Blog
2M ago
Every driver has a responsibility to abide by the rules of the road, and one crucial set of guidelines is knowing who has the right-of-way in a situation. Regrettably, cars still strike hundreds of pedestrians of all ages each year on North Carolina roads despite such laws.
Everybody should have a basic understanding of when they can go and when they should yield to keep road travel safe.
What is the right-of-way?
Right-of-way simply means that one person has permission to go first before anyone else. When it comes to driving, this usually means that some drivers must stop or yield while other ..read more
The Law Office of Michael D. Cleaves, PLLC Blog
2M ago
You work hard to be a good person by holding down a job, raising decent kids, paying taxes and being a supportive friend. While you absolutely should be proud of your reputation, you also should not take it for granted. Sadly, few things can ruin your reputation faster than domestic abuse allegations.
While it is generally a good idea to give alleged victims the benefit of the doubt, not all domestic violence accusations are true. In fact, the Center for Prosecution Integrity estimates that roughly 8% of domestic abuse allegations have no merit. This leaves about 20 million Americans to defend ..read more
The Law Office of Michael D. Cleaves, PLLC Blog
2M ago
As you probably know, North Carolina has some of the country’s toughest penalties for driving while impaired. Upon conviction for a DWI offense, it is not uncommon for a person to lose his or her driving privileges. Not being able to drive legally can hamper virtually all parts of your life, of course.
According to North Carolina law, it is often possible to regain some driving privileges by installing an ignition interlock device on your vehicle. Having one on your car, truck or SUV is not exactly convenient, though. Therefore, you should understand the ins and out of IIDs before you agree to ..read more
The Law Office of Michael D. Cleaves, PLLC Blog
2M ago
When approaching a DUI stop, you may have various reasons for wanting to avoid it. Fortunately, it is possible to legally avoid these stops.
However, is that your best option? Or could it come along with unintended consequences?
How DUI stops work
Life Safer talks about DUI stops, otherwise known as traffic stops. Officers will typically set them up along roads that have known issues with intoxicated drivers. The point of a traffic stop is to randomly pull over vehicles that pass through and see if the driver is intoxicated or sober.
However, in some states, officers have to warn drivers in ad ..read more