Blog

My Mom Needs a Power of Attorney; When Can I Pick It Up?

Posted by on Feb 9, 2017 in Blog Post | 0 comments

We often receive phone calls asking about Powers of Attorney.  Powers of Attorney are extremely important documents for business and health care matters, but they need to be prepared, reviewed, and executed by the individual in front of the appropriate witnesses and notary while the individual is still competent.  Additionally, as attorneys, we are required to have direct contact with the individual for whom we are preparing the Power of Attorney.  Consequently, the sooner these documents can be put in place, the better, even if the need for...

read more

A Day in the Life at the Regional High School Mock Trial Competition

Posted by on Feb 9, 2017 in Blog Post | 0 comments

Saturday I had the privilege of serving as a scoring juror for the regional finals of the 2016-2017 North Carolina Advocates for Justice High School Mock Trial Program, sponsored by the Carolina Center for Civic Education.   The case being presented was one dealing with many current issues facing high school students:  bullying, acceptance of differences in abilities, interests, religion, and ethnicity, school safety and school discipline, and reasonable versus excessive force. Ten teams began the day, and each team competed for two rounds. ...

read more

Taking the Fifth and Immunity

Posted by on Jan 19, 2017 in Blog Post | 0 comments

The Fifth Amendment to the United States Constitution states that “No person…shall be compelled to be a witness in a criminal case against himself.” Sometimes this is called “taking the fifth.” But how does one take the fifth? How does the Fifth Amendment right not to be compelled to be a witness in a criminal case against yourself actually play out in practice? The answer is somewhat complicated. People who are actually charged with crimes cannot be forced to testify in their own cases. But it gets more complicated in cases where the person...

read more

When Can You Pass a School Bus?

Posted by on Nov 17, 2016 in Blog Post | 0 comments

With the school year in full swing, you have no doubt noticed that school buses are back on the road. With high court costs and fines, officers seeking to catch motorists who illegally pass school buses, and D.A.’s Offices unwilling to reduce charges for illegally passing a school bus, it pays to know when you can and cannot pass a school bus.  Fortunately, the North Carolina DMV has provided drivers with guidance on when passing a school bus is legal and when it is not. This information is available in handy chart form: There is more...

read more

The Law of Self-Defense

Posted by on Oct 6, 2016 in Blog Post | 0 comments

With police involved shootings dominating the news cycle these days, it is time to consider when one can defend oneself using deadly force. The law in North Carolina requires four elements to be present for the use of deadly force to be justified as self-defense. Those factors are: 1.  The defendant cannot be the aggressor. This is common sense. The law does not permit one to start a fight with another person and then have that fight justified under a theory of self-defense. Because of this, trials where a defendant claims self-defense will...

read more

Legal Repercussions of the Recent Explosion and Bombing Threats in New York and New Jersey

Posted by on Sep 20, 2016 in Blog Post | 0 comments

With pipe bombs exploding at different two different locations this weekend—one at a charity run for Marines in New Jersey, the other on a street in New York City—and at least one more unexploded bomb found, it is a good time to discuss potential Federal charges for people who were involved in the either or both attacks. A pipe bomb is considered a “destructive device under Federal law. 18 U.S.C. 921(a)(4)(a)(1). Possession of a “destructive device” without a license can get someone up to ten years in Federal prison. Use of a weapon of mass...

read more

Commutations for People Serving Federal Drug Sentences

Posted by on Sep 6, 2016 in Blog Post | 0 comments

This week, President Obama commuted the prison sentences of more individuals serving time in Federal Prison, most of whom were serving sentences for drug offenses. As I tweeted earlier this week, there has never been a better time to serve a drug sentence in Federal Prison. The names and offenses for those receiving pardons are available here.  President Obama has already done more commutations than any other President, and has promised to do more by the end of his term. Many of the people whose sentences are commuted were facing stringent...

read more

What to do if you are a concealed carrier and are stopped by the police for a traffic stop.

Posted by on Aug 22, 2016 in Blog Post | 0 comments

The recent shooting of Philando Castile in Minnesota has been in the news lately. In a video that was live-streamed in the immediate aftermath of the shooting, Mr. Castile’s girlfriend claimed that Mr. Castile had a concealed carry permit and he was shot by a police officer while he was reaching for his ID. Most of the facts about the case are unknown to us at this time—including whether or not Mr. Castile did in fact have a concealed carry permit. However, given the public attention this case has received, it presents an opportunity for...

read more

Kluttz Reamer

Posted by on May 7, 2015 in Uncategorized | 0 comments

Kluttz Reamer

Kluttz, Reamer, Hayes, Adkins & Carter, LLP, is dedicated and focused on your legal solutions.  With legal issues, there are many decisions to make. The process is not easy. Our experience will help you find the answer. We navigate complex legal issues with you, with a staff of 12 attorneys practicing in the areas of Family Law, Federal and State Criminal Defense, Estate and Trust Planning and Administration, Personal Injury, Civil Litigation, Business Law, Bankruptcy, Collections, Real Estate, and Traffic Law. We practice in Rowan County...

read more