Tag Archives: north carolina defense lawyer

Defense Against Harassment Charges

Personal Injury, ,

What is Harassment?

defense for harassment chargesCriminal harassment is defined as a pattern of harassing actions against a specific individual. A single act of harassment does not necessarily constitute criminal harassment. However, depending on the severity and the situation, a single act of harassment could potentially lead to charges of criminal harassment.

False harassment charges occur all too often. A false charge can cause serious damage to your reputation and career. An experienced lawyer can help you defend yourself against false allegations. Here are some things to know about building a strong defense against false harassment charges.

What to Do When You Are Falsely Accused of Harassment

There is a difference between harassing someone online and making a complaint against them. A false accusation of harassment could lead to serious consequences. There are many ways to defend yourself against a false allegation of harassment:

Understand the Penalties

Don’t assume that just because an accusation is false, others won’t believe it. Take the accused’s claim seriously. North Carolina recognizes both misdemeanor and felony harassment.

Stay Away from the Accuser

Do not confront the accuser. A confrontation will lead to an escalation of the situation. Avoid any contact with the accuser unless there is a legal requirement. Witnesses should always be present during conversations with accusers.

Write Down a Detailed Account of Events and Witnesses

When building a strong defense, gathering evidence that discredits the accuser’s case is key. A written timeline of events detailing exactly what took place, who did what, where things occurred and when can help strengthen your defense. Character witnesses may also be helpful in defending against a false harassment charge.

Witnesses are people who saw what happened. They could be friends, family members, coworkers, or others. A good alibi and witness account will help you clear yourself of any wrongdoing.

Contact an Attorney

An attorney can help you build a strong case against your accuser. A good attorney should be able to help you navigate through any type of harassment claim. An attorney can provide advice about how to deal with the accusations and what steps to take to prevent further problems.

Having an experienced attorney can help you feel less stressed and anxious about the future. An attorney will help you understand the law and how it applies to you. A good lawyer will keep you informed about the progress of your case.

Defending Against Harassment Charges

There are many different ways to harass someone, including cyberbullying, stalking, or even just making annoying phone calls. People who commit these crimes often receive stiff penalties, including fines and jail time. A person who is harassing another person could face charges of disorderly conduct, harassment, stalking, invasion of privacy, or assault.

If you are accused of harassing someone or committing some other crime, then you can be charged with harassment or another offense. This means that if you have been arrested, you may face charges such as assault, battery, domestic violence, stalking, or even murder.

It is very important to hire a criminal defense attorney who has experience defending against these types of cases.

Some possible defenses for harassment charges include :

● The defendant was acting under the influence of extreme emotional distress.
● The defendant had reasonable cause to believe that his actions were necessary to protect himself or another person.
● The defendant acted in self-defense.

Your criminal defense attorney will work hard to defend you against all types of charges. If you have been accused of harassment, then you need to act fast to get the best possible outcome. Your lawyer will ask questions about the incident and interview witnesses on your behalf.

The lawyer will try to find out why the victim filed the complaint. He or she will look at the facts surrounding the event and determine whether the facts support the allegations made by the victim. Depending on the outcome of this assessment, your lawyer will make recommendations on how to proceed.

Contact a Harassment Defense Attorney in North Carolina

If you have been falsely charged with harassment, contact an attorney immediately. You need an aggressive defense strategy. The sooner you get started, the better chance you have at winning your case. A skilled attorney will help you navigate through the process and ensure that your rights are protected. Be sure to hire a lawyer who specializes in defending harassment cases. If you or a loved one have been charged with harassment, contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form.

Can I Go To Jail For Tax Evasion In North Carolina?

Financial Crimes, ,

Springtime in North Carolina brings a number of stressors, including filing tax returns. Although this year’s state and federal tax deadlines have been extended, you’re still responsible for taking care of both returns, federal and state, as well as paying tax amounts.  North Carolina is also considering eliminating tax penalties due to the COVID-19 pandemic. Not paying your taxes is considered tax evasion.

When you don’t complete your tax returns and fail to pay state taxes, you’re actually breaking the law. However, the penalties will depend on whether you made an honest mistake, or you deliberately committed fraud to avoid paying taxes.

Willful Failure

Can I Go To Jail For Tax Evasion In North Carolina?It is possible to receive jail time—and incur a criminal record—for not paying your state taxes.

North Carolina General Statutes Ch. 105 addresses the intentional failure to pay one’s state income taxes. According to the statute, “willful failure” is a Class 1 misdemeanor, which can include jail time of as much as 120 days, as well as a discretionary fine.

The penalties for willful failure include:

  • 5% penalty per month, up to a maximum of 25% of the balance due
  • 10% late penalty
  • 20% “collection assistance” fee if you don’t pay within 90 days
  • An additional 50% “fraud penalty” upon conviction

Penalties can also include tax liens against properties and a damaged credit record.

Tax preparers who participate in willful failure or other misleading tax schemes can also be charged. Filing a “frivolous return” also incurs penalties, including a $500 fine.

Intentional Fraud

Tax fraud or tax evasion is the intentional act of submitting false and/or misleading information on a tax return in order to change the amount owed. Both the federal government and the state of North Carolina have penalties for purposely committing tax fraud.

In addition to the above sanctions, any actions that lead to under-paying state income taxes is a Class H felony, which carries potential jail time from 4 to 24 months. A conviction will also bring substantial financial penalties including fines and interest, as well as an additional 50% penalty of the defrauded amount.

Mistakes

It happens and is correctible. Making a mistake is not the same as a willful failure or intentionally committing fraud.

If you’ve made a mistake on your tax return, it’s easy to file an amended one. For a 2019 return, you’ll fill in the circle on Form D-400 indicating that you’re filing an amended return. Complete and attach the Form D-400 Schedule AM for a North Carolina Amended Schedule to the front of Form D-400.  Then attach all the required schedules and supporting forms.

Call Dewey P. Brinkley For Financial Crimes Defense

You really can go to jail for as long as 120 days for willful failure to file your North Carolina tax return.

If you’ve been charged with willful failure, tax evasion, or any financial crimes, you’ll need the help of a financial crimes defense attorney immediately to avoid a potential jail sentence, fines, and penalties, along with a permanent criminal record.

Call the law offices of Dewey P. Brinkley immediately for a free initial consultation to discuss your case at (919) 832-0307. You can also use our online contact form.