attorney’s guide 2018 · 2018-03-16 · attorney at law evergreen estate planning & elder law...

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Attorney’s Guide2018

The Mount Airy NewsThe Carroll NewsThe Stokes NewsThe TribuneThe Yadkin RippleSurry Scene

February 2018

Bankruptcy • Social Security Disability

236-1181Raquel A. Lyons

Renae A. Mitchell

www.lyonsandmitchell.com7338 Carrollton Pike • Galax, VA

WE ARE A DEBT RELIEF AGENCY• Real Estate Closings & Refinances • Custody ~ Support ~ Divorce • Wills & Estate Planning

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Why do I need a lawyer? I can just download a form off the internetBy Regina Gillespie, PAThe Law Offices of Neaves & Gillespie, PA

‘Why do I need a lawyer?’

This is the question I hear from clients over and over again. The answer is simple. The internet does not know you, the specifics of what is happening in your life, your needs, or the laws of North Carolina.

Take for example, the woman who came to see me who thought it was a waste of money to pay me to file her

divorce. So, she downloaded the form off the internet. She still had to pay the court fees, so she saved about $250.

Her husband did not object to the divorce, so it went through and she was granted an absolute divorce.

The Problem

When an ‘Absolute Divorce’ is granted in North Carolina,

the parties to the marriage are forever barred from filing an action to divide the marital assets and from asking for spousal support.

So, in her case, the House (which was in his sole name), his 401(k), and his pension were his and his alone. Her value of the marital estate of their forty-year marriage was his alone and she waived any chance of getting her half when she decided she could download the forms online and save $250.

She also lost her right to alimony even though she had never worked during their entire marriage.

Please do not fall into the trap of thinking all lawyers do is fill out forms. Lawyers listen to your facts, look at the law and use their education, experience and judgment to decide if, when and how you should proceed with your case.

James D. Gillespie, PA124 W. Main St., Elkin, NC 336-835-2522

Regina Gillespie, PA208-A East Atkins St., Dobson, NC 336-386-1072

The Law Offices of Neaves & Gllespie, P.A.www.neavesandgillespie.com

Renae Alderman MitchellLyons & Mitchell, P.C. Attorneys at Law7338 Carrollton Pike, Galax, VA278-236-1181www.lyonsandmitchell.com




Andrew G. Brown, Attorney at LawFinger, Roemer, Brown & Mariani, LLP105 S. Bridge St., Jonesville, NC336-835-4000

Louise M. Paglen, Attorney at Law114 S. Main St., Sparta, NC124 W. Kapp St., Dobson, NC833-372-6555www.facebook.com/PaglenLaw/

Matthew S. Schrum, Attorney at LawEvergreen Estate Planning & Elder Law1330 N. Bridge St., Elkin, NC336-793-1938








Peter R. Mariani, Attorney at LawFinger, Roemer, Brown & Mariani, LLP105 S. Bridge St., Jonesville, NC336-835-4000


Andrew G. Brown, Attorney at LawFinger, Roemer, Brown & Mariani, LLP105 S. Bridge St., Jonesville, NC336-835-4000



Please turn to next page

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Directory

BANKRUPTCY

CRIMINAL LAW

DRIVING UNDER THE INFLUENCE

ELDER LAW

ESTATE PLANNING

MARITAL & FAMILY LAW

PERSONAL INJURY & PROPERTY DAMAGE


Royster & Royster, Attorneys at Law851 Marshall St., Mount Airy, NC336-789-5127

110 S. Davis St., Pilot Mountain, NC336-368-4455http://www.roysterlaw.com

Laura Byrd Luffman, Attorney at Law Finger, Roemer, Brown & Mariani, LLP105 S. Bridge St., Jonesville, NC336-835-4000

Raquel Alderman LyonsLyons & Mitchell, P.C. Attorneys at Law7338 Carrollton Pike, Galax, VA278-236-1181www.lyonsandmitchell.com

Raquel Alderman LyonsLyons & Mitchell, P.C. Attorneys at Law7338 Carrollton Pike, Galax, VA278-236-1181www.lyonsandmitchell.com







Surry County LawyerSThe full-service law firm of Royster and Royster, PLLC, is a well-respected

professional institution that has been serving individuals, families and businesses in Stokes County and Surry County with high-quality legal representation since 1979. Our lawyers know that any legal challenge

can have a significant impact on your life. We are dedicated to providing personalized legal counsel and advocacy to zealously protect the interests

of our valued clients to allow them to move forward with confidence.

• Personal Injury • Workers' Compensation • Civil Litigation • Criminal Defense • Real Estate Law

• Estate Planning And Administration • Business

Mount Airy Office 851 Marshall Street

Mount Airy, NC 27030 Phone: 336-789-5127

Pilot Mountain Office110 South Davis Street

Pilot Mountain, NC 27041 Phone: 336-368-4455

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TRAFFIC

WORKERS COMP

Understanding Miranda rights

SOCIAL SECURITY LAW

REAL ESTATE LAW

Many have heard of Miranda rights on a favorite police procedure on television. When the police apprehend the suspect, someone inevitably tells the police officer to read the suspect “his rights.” But what does that mean and why is it important?

In 1966 the Supreme Court decided in the case of Miranda v. Arizona to establish the Miranda rights. With that case, the Supreme Court decided that the police had interrogated and extracted a confession from a suspect, Ernesto Arturo Miranda, who did not fully understand what rights he was entitled to in that situation. Miranda didn’t know that he was not required to confess to the crime.

These Miranda rights make sure that people interrogated by the police know that they have no obligation to incriminate themselves. The right to remain silent is guaranteed in most cases. Furthermore, everyone has the right to legal counsel during a police interrogation.

Local attorneys are available to help in this situation. When finding yourself in an uncomfortable position with the police, you should call a lawyer who can help protect your interests with the law as quickly as possible.

PERSONAL INJURY & PROPERTY DAMAGE

Louise M. PaglenAttorney at Law

Elder Law, Estate Planning and Family LawPH: (833) 372-6555 | Email: [email protected] | www.paglenlaw.com • www.facebook.com/PaglenLaw/

Sparta Office: 114 S. Main St. Sparta, NC 28675Surry County By Appointment: 124 W. Kapp St., Dobson, NC 27017

Licensed to practice law in North Carolina and Virginia70002785

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Legal and judicial terms -- what does it all mean?ALLEGATION – an assertion, declaration or positive statement by a party to an action made in a pleading which states what he or she expects to prove.

ANSWER – the defendant’s written response to allegations in the case.

APPEAL – process by which a case is carried from a lower court to a higher one for review.

BAILIFF -- a court official who maintains courtroom order and jury custody.

CASE – any proceeding, action, cause, suit, lawsuit, or controversy initiated through the court system by filing a complaint, petition, or indictment.

CHARGE TO THE JURY -- a judge’s instructions to the jury regarding the laws pertaining to the case.

CIVIL CASE – a civil lawsuit between parties.

CIRCUIT – A geographical court jurisdiction composed of one or more counties.

CLOSING ARGUMENT -- a summary of the evidence presented to the jury by the attorneys.COMPLAINT (CIVIL) – written

statements by the plaintiff stating the claims he or she has against the defendant(s).

COMPLAINT (CRIMINAL) – a formal statement charging an individual with a criminal offense.

CRIMINAL CASE -- a criminal lawsuit with the State of North Carolina or Commonwealth of Virginia versus the defendant.

CROSS-EXAMINATION – questioning or a witness by the opposing side.

DEFENDANT – the person against whom a civil lawsuit is brought, or, in a criminal case, the person who is charged with committing a crime.

DELIVERATIONS – jury discussions and consideration of the facts presented during the trial prior to reaching a decision.

DEPOSITION – testimony taken under oath and outside the courtroom.

DIRECT EXAMINATION – the first questioning of a witness by the party on whose behalf he or she is called.

DUE PROCESS -- a constitutional provision guaranteeing an accused person a fair and impartial trial.EVIDENCE – any legally presented

proof which may be established by witnesses, testimony, records, documents, etc.

EXHIBIT – paper, document, or other object received by the court and offered as evidence during a trial or hearing.

FELONY – a serious criminal offense punishable by imprisonment in the penitentiary.

INDICTMENT – a grand jury’s written accusation charging that a person or business allegedly committed a crime.

INSTRUCTION – direction given by a judge to the jury regarding the law in a case.

JUDGE – an elected public official with authority to hear and decide cases in a court of law.

JURY – people selected as prescribed by law to render a decision (verdict) in a trial.

LAW – rules and principles of conduct supported by the legislature, court decisions or local customs.

LITIGANT – a person or group engaged in a lawsuit.LITIGATION – a contest in court.

MISDEMEANOR – a less serious criminal offense punishable by a fine or imprisonment but not in the penitentiary.

OATH – a written or oral pledge to keep a promise to speak the truth.

OBJECTION – a statement by an attorney opposing specific testimony or admissions of evidence.

OPENING STATEMENT – outline of anticipated proof presented to the jury by the attorneys at the trial’s beginning.

OVERRULE – court’s denial of a motion or objection raised to the court; when a court overrules an objection to evidence (for example, testimony) the jury may properly consider it.

PARTIES – persons, corporations or associations which have brought a lawsuit or are defendants in a trial.

PLAINTIFF – in a civil case, the person who files claim against another person or, in a criminal case, the State of North Carolina or Commonwealth of Virginia.

PROBABLY CAUSE – a reasonable belief that a crime has or is being

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Criminal Law ~ Family Law ~ Juvenile Law

~ Residential & Commercial Real Estate

~ Personal Injury ~ Civil Litigation

~ Trust, Estates & Probate ~ Corporate Law

~ Traffic/DWI

Jonesville Office105 S. Bridge St.

PO Box 8Jonesville, NC 28642Phone: 336-835-4000

Fax: 336-835-8961

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Do I really need a will?Many people find it uncomfortable to think about the circumstances in which they would need a will. But that shouldn’t stop them. Having a will is one of the single most important things you can do for your loved ones in case the worst happens.

A will is essentially a legal document you leave for those who will handle your affairs if you die or become too sick or injured to competently act on your own behalf.

We’ve all heard stories of legal battles over large estates, but if your instructions are not carefully spelled out, similar things can happen to anyone. Disputes over property or debt can occur in surprising places, even amongst families where there is no previous dispute.

Carefully detailing how you would like your property to be handled will prevent any problems from occurring later.

See a lawyer specializing in estate planning to receive help in establishing how your property should be handled and

who should take care of it. It’s a perfect step in leaving everyone with peace of mind.

793-1938Planning For

All Seasons Of LifeMatthew S. SchruMAttorney at Law

1330 North Bridge StreetElkin, NC 28621

You’ve worked hard all of your life.You deserve to protect what you’ve earned.Evergreen Law provides thoughtful legal planning to protect your future and your family. Our plans address the difficult challenges caused by aging, dementia, long term medical expenses, disability, and problematic family situations. Evergreen Law provides you and your loved ones peace of mind.

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What can I do about child support missed payments?The good news is that, despite public perception, the number of spouses who simply refuse to pay child support is fairly low. If there is an interruption in child support payments, more often than not, it’s a financial issue. Either your spouse can’t pay or some financial difficulty has come up to delay the payments for a period of time.

That being said, relationships

between former spouses can become difficult. Financial problems for one or both of the parents can add stress to an already stressful situation. There are, however, a number of ways of enforcing payments from a spouse, should that be necessary.For instance, legal action can be brought against the spouse, or the details of the payments can be renegotiated in some cases if there is a recurring problem.

Added difficulties such as interruptions in child support can be harmful to the emotional health of the parents as well as the children.

Remember that child support is the right of the child. If you want to know more about your options, call an attorney today.

THE LAW OFFICES OFNEAvES & GILLESpIE, p.A.

7000

2959

ElkinPhysical Address: 124 W. Main Street, Elkin, NC 28621Mailing Address: PO Box 771, Elkin, NC 28621Phone: 336.835.2522 Email: [email protected]

DobsonPhysical Address: 208-A East Atkins Street, Dobson, NC 27017

Mailing Address: PO Box 312, Dobson, NC 27017Phone: 336.386.1072

Email: [email protected]

PRIMARY PRACTICE AREAS• Business Law • Civil Litigation• Family Law • Misdemeanors and Felonies• Traffic Law • Real Estate• Workers Compensation • Personal Injury• Wills and Estate Planning • Estate Administration

PRIMARY PRACTICE AREASAll Areas of Family/Domestic Law •

Bankruptcy • Wills and Estate Planning • Misdemeanor Criminal Law • Traffic Law •

¿Hablas español? We have a bi-lingual employee available Monday through Friday.

HOurS OF OpErATION

Mon-Thu: 08:30 AM - 05:00 pM | Fri: 08:30 AM - 4:00 pM | Sat-Sun: ClosedDObSON & ELkIN

Serving Northwest North Carolina Since 1980

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committed; the basis for all lawful searches and arrests.

PROSECUTION – act of pursuing a lawsuit or criminal trial; the prosecution in a criminal case is brought by the state through the prosecutor.

PROSECUTOR – public official who performs the function of trial lawyer for the state.

REBUTTAL -- the introduction of rebutting evidence to discredit statements of opposing witnesses.,

REDIRECT EXAMINATION – follows cross-examination and is exercised by that party who first examined the witness.

RESTITUTION TO VICTIM – an amount of money the court requires the defendant to pay the victim of a crime.

STRIKING A JURY – process of selecting a trial jury where attorneys “strike” or excuse jurors until the number required remains.

SUSTAIN – court’s acceptance of any motion or objection; when a court sustains an objection to evidence (for example, testimony), the jury may not consider it.

TRIAL -- examination of issues regarding fact and law before a court.

VERDICT – the final formal trial decision made by a jury, read before the court, and accepted by the judge.

VOIR DIRE EXAMINATION – the preliminary questioning of jurors to establish their qualifications.

WITNESS – a person subpoenaed to testify under oath who possesses factual knowledge about the case.

Are you confused by a term you have heard, either in court, or on a legal document? Talk to one of the law offices listed in the Attorney Guide.

Their experience and education will help you determine your needs in the courtroom, with documentation and just understanding your rights.

Continue from page 8Legal and judicial terms -- what does it all mean?

attorney’s guide 2018 · 2018-03-16 · attorney at law evergreen estate planning & elder law...

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