Witt Law Firm Blog - Monroe NC Lawyer

Is Marijuana legal in NC?

5/1/2019

Marijuana or “weed” is not currently legal to grow or possess in North Carolina. Many people seem to be confused about this with CBD oil signs and Hemp stores seeming to proliferate much like video gambling arcades. There are currently 10 states that have decriminalized possession of marijuana in some form (medicinal and/or recreational) in addition to Washington, DC with that number seeming to rise every year and likely to continue to do so going forward.

Although currently illegal, North Carolina seems to propose legislation to make weed legal on an annual basis. The latest attempt is NC Senate Bill 58 that would decriminalize possession of up to 3 ounces of marijuana for personal use. Those convicted in the past would even be eligible to go back and have their record expunged. WSOC TV 9 in Charlotte recently did an interview with NC House Bill 766 legislature sponsors who spoke of the need to unclog the jails with people charged with possession of small amounts of marijuana.

Is Marijuana legal under federal law?

Even though several states including Washington DC have decriminalized marijuana in some capacity it is still technically illegal under federal law. At the moment the federal government appears to see the writing on the wall and is simply choosing to not interfere with states that have chosen to decriminalize personal use. Because of long standing federal law that could be enforced at any moment many banks refuse to work with pot dispensaries and hence most operate as a cash only business. In fact there is actually bipartisan support for the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act which would essentially allow states to decide the fact of marijuana within their borders. Both President Trump and Attorney General William Barr have signaled support for the legislation. Passage of this may embolden many states to act that were hesitant to openly defy federal law.

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NC Raise the Age Law

1/3/2019

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Effective December 1, 2019 the legal age to be charged as an adult for many crimes will be raised to age 18 years of age in North Carolina. The Juvenile Justice Reinvestment Act essentially brings NC in line with the rest of the country as treating most 16 and 17 year olds as juveniles for criminal prosecution purposes. There are of course some major exceptions such as for traffic violations and serious felonies. Although the law still needs to be amended to fix some potential pitfalls this is a major victory for equal justice as NC was essentially putting its own juveniles at a competitive disadvantage by exposing them to adult criminal records for minor offenses such as larceny, trespassing, alcohol offenses, and simple possession of drugs.

What are the expected benefits of the raise the age law?

Cost savings
Reduce recidivism
Encourage juvenile employment
Involve parents in the process
Consistency with laws across the country
Provide delinquent juveniles with treatment
Treat kids differently than adults

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Can a child choose which parent to live with in NC?

7/23/2018

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Can a child choose which parent to live with in NC?

Children are not able to simply choose which parent they want to live with under North Carolina law. That being said, a child’s wishes can be taken into consideration by a judge during a custody trial. How much weight their preference is given by the judge is totally up to the judge. Factors considered by a judge in evaluating the wishes of a child are the age and maturity of the child along with the rationale for their opinion.

Why can’t children decide where they want to live?

Imagine a child who wants to live with mom or dad because that parent lets them do whatever they want such as play video-games all day or stay out with friends all night. Children often make bad decisions that are not in their best interest. North Carolina law directs our judges to award custody based on the “best interest” standard and this may or may not align with what a child wants or needs.

What age can a child decide which parent to live with in NC?

There is no magic age number when a child can decide who to live with under North Carolina law. When a child turns age 18 and becomes an adult they can choose to live wherever they want, but before then a judge can dictate where that child must live.

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Chances of 50 50 Custody in NC

5/6/2018

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Under North Carolina law there is no presumption for either the mother or father in a custody dispute. Although some states have a presumption for joint child custody there is no such rule in NC. The actual legal standard in NCGS 50-13.2 is to award custody based on the “best interest” of the child. In 2015, many thought there was a new custody law in NC when NCGS 50-13.01 was created stating the policy of NC was to encourage equitable participation of both parents in raising their children.

After reflection, NCGS 50-13.01 appears to be the first baby step in NC to join many other states looking to create a hard presumption of equal or joint custody when both parents are capable of sharing that responsibility. Whether 50/50 custody is a realistic possibility in your case mainly depends on what county you live in and what Judge is assigned to your case. To some counties and Judges they approach any custody dispute with a predefined idea of what “best interest” means. Some judges favor joint custody and some do not consider 50/50 custody a viable option. No matter if you are a mother or father the prospect of a judge given essentially unchecked power to decide your rights to your child is a frightening idea.

What does it mean to have 50 50 custody?

Equal custody means different things to different people. The two types of custody are physical and legal custody. The difference between physical and legal custody in NC is that legal custody goes to who can make decisions affecting the health and welfare of the child whereas physical custody goes to where the child lives and sleeps at night. A true 50-50 custody generally means the parents share joint legal and joint physical custody meaning no major decision can be made except by agreement and the minor child spends an equal amount of time or overnights with each parent.

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Credit Card Debt in NC

4/2/2018

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Updated 7/5/2019

With credit beginning to flow again with the end of the great recession credit card balances continue to rise for American households. The great trap of credit cards is the low introductory offer combined with easy balance transfers allowing people to acquire more debt than they could ever hope to repay often leading to bankruptcy. In the past the fine print outlining all the potential risks was at least mailed with the application. Today the application and approval process is simply a few clicks on a computer or smartphone constituting an electronic signature.

Although registration of arbitration awards as judgments seems to have ended in North Carolina there are many questions surrounding credit card debt explored herein including debt defense and debt settlement.

Can I be sued for credit card debt in NC?

Yes- Credit cards are legally allowed to sue when the borrower is in default. For some reason many people think all creditors can do is put a negative mark on a borrower’s credit report. The bottom line is this- If banks could not sue for credit card debt they would stop issuing cards. Some of the main law firms that represent banks and debt buyers for credit cards lawsuits in North Carolina are listed below. These law firms generally represent the plaintiffs listed and do not actually own the debt.

Brock and Scott- Wells Fargo
Sessoms and Rogers- FIA Card Services, Portfolio Recovery Associates, Unifund CCR Partners
Bernhardt and Strawser- Bank of America, Citibank
Glasser and Glasser, PLC- Bank of America
Smith Debman- Discover Bank, BB&T, Midland Funding
RAS LaVrar, LLC- Capital One
Dominion Law Associates- Target National Bank
The Green Law Firm, P.C.- One Main Financial, LLC