Lincolnton North Carolina Legal Blog

Work out your parenting plan quickly after a split

On behalf of The Jonas Law Firm, P.L.L.C. posted in Family Law on Friday, August 17, 2018.

Parents who have minor children have a long road ahead of them if they decide to end their marriage. They will have to work through the child custody issues that come with this split. It is difficult to think about not being able to see your kids daily, but this is what happens in these cases. We know that you might have some concerns about what the arrangement might be like.

One thing to remember is that you and your ex will likely be able to work together to come up with the child custody agreement. This gives you some control over what the final parenting plan will be like. This is usually best since a child's parents know the intimate details about the situation and can work together to come up with a plan that puts the kids first.

Review your estate plan at least once per year

On behalf of The Jonas Law Firm, P.L.L.C. posted in Estate Planning on Friday, August 3, 2018.

Many people put off creating an estate plan because they don't want to think about the end of their life. This is problematic behavior, as you just never know when your family members are going to need to the guidance and protection of the estate plan. We are here to help you learn about what tools you can use to make your wishes known.

One thing that everyone needs to remember is that a thorough estate plan isn't something that you make once and then forget. Instead, you need to review it at least once a year. This gives you a chance to ensure that the terms of the plan still accurately reflect your wishes.

Criminal law changes frequently, be prepared

On behalf of The Jonas Law Firm, P.L.L.C. posted in Criminal Defense on Friday, July 20, 2018.

The criminal justice system is full of small details that often seem unimportant at first, but that can make a huge difference in a case later. Between this and the changes in the laws that occur frequently, defendants can have a difficult time keeping everything related to their case in order.

It is imperative that they base these decisions on the laws that apply to the case. Without doing this, there could be errors in the logic because things might not be the way that the defendant thought they would be. We can help you learn what you need to know to make decisions about your case.

How long does probate take?

On behalf of The Jonas Law Firm, P.L.L.C. on Tuesday, July 10, 2018.

As the personal representative or executor of your loved one's estate, you may be fielding many questions from beneficiaries who are anxious to obtain their share of the inheritance. One of the most common questions you may have to answer concerns the length of the probate process. Even for simple assets, the legal steps for closing an estate can seem to drag on indefinitely.

It can be difficult to wait for the process to run its course, but the wait is important. It gives the courts time to verify the identity of the heirs, valuate the assets and pay any lingering debts. The entire process can take months to a year, but there are factors that add complications to a probate and extend the wait even longer.

Custody decisions must be made on the child's needs right now

On behalf of The Jonas Law Firm, P.L.L.C. posted in Family Law on Friday, July 6, 2018.

Having to deal with child custody issues during a divorce adds a level of stress that adults without minor children don't have negotiate. The one thing that all parents going through divorces need to remember is that the child's best interests remain foremost. We know that this might be difficult, but we are here to be the voice of reason when you just want to let your emotions take over.

When you are trying to work out a child custody agreement with your ex, you have to remember that compromise and respect are the two keys to settling the situation. By being willing to negotiate and work together without bickering now, you are setting the stage for a civil co-parenting relationship in the future.

The process of selling a home in North Carolina

On behalf of The Jonas Law Firm, P.L.L.C. posted in Real Estate on Friday, June 22, 2018.

Selling a home for the first time can be an overwhelming process. It can be difficult to know how best to market it, how to know when you have a good price for your property and the legalities involved.

Therefore, it's a good idea to make sure that you are well-informed before selling your property. It can mean that you will avoid some of the common pitfalls that occur to first-time sellers.

How child custody is determined in North Carolina

On behalf of The Jonas Law Firm, P.L.L.C. posted in Family Law on Friday, June 8, 2018.

Different states have slightly differing laws when it comes to how child custody is determined. Therefore, as a resident of North Carolina, it is important that you understand how child custody is calculated and what terms are used to describe different types of custody when you are filing for custody of your child.

In North Carolina, a distinction is made between legal custody and physical custody. Legal custody is when a parent or guardian has the legal right to make decisions on behalf of that child. This could include decisions about what school the child should attend or important medical decisions that should be addressed. Physical custody, however, is related to with whom the child lives and whom is allowed to have physical contact with him or her.

What impacts sentencing for drug crimes in North Carolina?

On behalf of The Jonas Law Firm, P.L.L.C. posted in Criminal Defense on Friday, May 25, 2018.

While on the federal level, the possession, sale, growing and manufacturing or any illicit drug including marijuana is illegal, that's not the case under existing North Carolina law.

Although selling marijuana in the state is a felony offense, simple possession of what amounts to no more than a personal stash of the drug is simply a misdemeanor. It's also permissible under existing North Carolina law for a person to transfer as little as five grams of marijuana to someone else lawfully, provided that no money exchanges hands.

Will certain mistakes negatively impact your estate plan?

On behalf of The Jonas Law Firm, P.L.L.C. on Monday, May 14, 2018.

North Carolina readers know that estate planning is an important step for every family. Having even a simple will can provide your loved ones with a certain peace of mind for the future. If you have an estate plan or you intend to draft one in the future, it is beneficial to be certain you do not commit certain mistakes.

Errors with estate plans can lead to significant complications in the future. In order to reduce the chance of a problem and help your loved ones avoid costly and stressful setbacks involving the administration of your estate or your plans for medical care, you may find it beneficial to seek help regarding your plan and the specific tools you may need.

More low-level gun offenses being federally prosecuted

On behalf of The Jonas Law Firm, P.L.L.C. posted in Criminal Defense on Monday, May 14, 2018.

If you are arrested for a low-level gun crime in North Carolina, did you know your case might be prosecuted in federal court? That could lead to a longer overall sentence spent in federal prison.

On average, people convicted of federal firearms offenses spend six years behind bars, according to an analysis by the New York Times. Those convicted under statutes with mandatory minimum sentences average 11 years in prison. Those average sentences are higher than you would likely receive in a state-level case.