homesleyandwingo

FinCEN Extends Beneficial Ownership Information Reporting Deadline by 30 Days (must file by March 21, 2025)

Wed, 26 Feb 2025 16:36:16 GMT

The Financial Crimes Enforcement Network (FinCEN) has announced a 30-day extension for certain entities to file their Beneficial Ownership Information (BOI) reports under the Corporate Transparency Act (CTA). This update provides much-needed flexibility for businesses navigating the new reporting requirements, ensuring compliance while easing the burden on newly formed companies.

What Is the Beneficial Ownership Reporting Rule?

The BOI reporting rule, which came into effect on January 1, 2024 , mandates that many businesses in the U.S. disclose information about their beneficial owners —individuals who ultimately own or control the company. The goal is to combat financial crimes such as money laundering, fraud, and tax evasion by increasing transparency in corporate ownership structures.

Who Benefits from the Deadline Extension?

The extension applies to newly created or registered reporting companies that are required to submit BOI reports within 90 days of their formation. Instead of the original 90-day deadline, these entities now have 120 days to comply. This adjustment only affects businesses formed between January 1, 2024, and December 31, 2024 .

What do you need to file your BOI report?

1. Company Information

Legal name of the company
Trade name or DBA (if applicable)
Current U.S. address of the company
State, tribal, or foreign jurisdiction where the company was formed
Taxpayer Identification Number (TIN), EIN, or foreign equivalent

2. Beneficial Owner Information (for each beneficial owner)

Full legal name
Date of birth
Current residential address
An identifying document (e.g., passport, driver’s license)
A copy of the identifying document (front and back)

3. Company Applicant Information (if applicable)

Same details as beneficial owners (name, DOB, address, ID document)
Required for companies created after January 1, 2024

Key Takeaways for Business Owners

1. Check if You Are Required to Report – Most corporations, LLCs, and similar entities must file, but there are exemptions.

2. Understand the New Timeline – If your company was formed in 2024, you now have 120 days to file instead of 90. You must file your Beneficial Ownership Information Report before March 21, 2025.

3. File on Time to Avoid Penalties – Failure to comply can lead to significant fines or legal consequences of up to $593/day.

How to File?

You can electronically file the BOI report by clicking the link here.

For more details, click here: FinCEN’s official website .

How can Homesley & Wingo Law Group help?

If you need help with the filing process, our firm is available to assist you. For professional guidance, please feel free to contact us at consuela@lakenormanlaw.com or 704-664-2162 ext. 13.

The Second Chance Act and Your Rights as a Wanted or Accused Individual

Fri, 21 Feb 2025 14:18:42 GMT

Injustice Anywhere is a Threat to Justice Everywhere

From the moment you turn 16*, the criminal justice system is publicly authorized to ticket, arrest, or indict you on serious charges, ranging from drinking and driving to causing the death of another person, to being a robber or counterfeit, or to stalking and harassing someone in the jurisdiction, whether it’s your spouse, a coworker, a classmate, or a total stranger.

You are innocent until proven guilty. The State has to prove by clear and convincing evidence your moral turpitude to either a judge or a jury and give you a fair trial. A trial is an adversarial proceeding that is free from bias, prejudice, improper evidence, or guilt by association.

Even a citation for a traffic infraction, or a fraud complaint, can result in unmerited criminal action if an officer or magistrate suspects you are a perpetrator or offender. Probable cause is the magic phrase that triggers jurisdiction.

You are not alone. At Homesley & Wingo, we have represented homeowners, businessowners, motorists, students, neighbors, and victims in connection with criminal matters, including minors and the elderly. Everyone is entitled to be treated fairly, particularly within the confines of the courthouse, the workplace, and the community. Our police and prosecutors do their best, but not every case is built on sound facts, good evidence, or fair liability.

If you were arrested and charges dismissed, contact us about an expunction today! Criminal convictions in some cases are not permanent and may be forgiven after periods of good behavior and payment of fines and costs. For those under 18, North Carolina has raised the age to non-motor vehicle and non-homicide crimes and has strict policies about detention, privacy, arrest, trial process, and delinquency findings.

You have the right to be heard and to allege your rights as a victim, a defendant, a probationer; and once you’re rehabilitated through the system, there is no double jeopardy. Help yourself by securing your employment, protecting your license, and defending your reputation with our esteemed legal professionals. We are well equipped to search your case from top to bottom, seize on any liberties or privileges that were violated, and petition the courts for appropriate relief, including giving you a clean slate after time served where qualified by law.

The Second Chance Act prescribes the expunging of arrest records where innocent and in some cases where you are found guilty. It is imperative that you talk to a criminal lawyer about your rights and secure representation.

Until an accusation is beyond a reasonable doubt, the Constitution gives you freedom and lets you go free of unreasonable searches and seizures. No matter the verdict you always have the confidentiality and trust of your attorney—so call today!

(This article is for informational purposes only and is not intended to give legal advice.)

*Sixteen- and seventeen-year-olds are entitled to special treatment by the criminal courts from charging to conviction. Adolescents are particularly susceptible to caretaker neglect, parental abuse, or malicious prosecution, so different rules have been enacted by the general assembly. You have a fundamental right to privacy and the right to counsel.

Cam Bray Completes Both Mooresville Police Department, Iredell County Sheriff's Office Citizens Academy

cbray@lakenormanlaw.com (Cameron Bray) — Wed, 12 Jun 2024 18:44:52 GMT

New Attorney Reflects on 4 Months of Experiences

Mooresville, N.C. – On Tuesday, June 4, Cameron M. Bray (“Cam Bray”) graduated from the Mooresville Police Department’s Citizens Academy, completing a 12-week course that covered everything from domestic violence to bicycle patrol to the Belgian Malinois.

It was Cam Bray’s second law enforcement program in less than a year. In October, he graduated from the Iredell County Sheriff’s Office course, which involved a boat patrol demonstration, jail visit, and multiple interactions with SERT: Sheriff’s Emergency Response Team.

In both experiences, Cam Bray attempted what is known to rookie officers as FATS. Plus, he saw search and rescue with canines, unnamed aerial drones, and the use of law enforcement technology such as AXON body-worn cameras, standard-issue firearms, radios, handcuffs, and vehicles.

FATS stands for firearms-training simulator. In two out of three FATs scenarios with the Mooresville Police Department, Cam Bray was fatally shot during a call for service, once during an armed robbery and a second time during a domestic disturbance. With Iredell County Sheriff’s Office, he had to confront an armed individual whom he suspected of being a danger to himself or others.

Cam Bray also completed the walk-and-turn as administered by the Traffic Unit of Mooresville Police Department, one of the Standardized Field Sobriety Tests. He was one of 18 individuals who completed the Citizens Academy with the Town of Mooresville, including roadside testing.

Among other interesting facts, graduates learned that Mooresville Police Department has more than 21,629 pieces of evidence in possession, including cash, bullet casings, and contraband.

The class was taught principally by Assistant Chief of Police Robert (“Bob”) Dyson, who is retiring from the service. Frank Falzone and Joseph Cooke also taught Cam Bray about patrol, aggressive criminal enforcement, and undercover narcotics detection as well as management of the agency. Chief of Police Ron Campurciani spoke at graduation about his experiences with the department, following his installation as commander-in-chief of the police chief of the police force in 2019.

Fallen Officer Jordan Sheldon of the K9 Unit of Mooresville Police Department loomed large over discussions by the assistant chiefs of police and by departmental sergeants assigned to the traffic desk and SERT team.

On April 30, 2024, during the eighth week of gathering, Deputy Marshal Thomas M. Weeks, Jr. of Mooresville was killed along with three law enforcement officers (“LEOs”) in the arrest of an armed fugitive, who was wanted in the Lincoln County Superior Court for unlawful possession of a firearm by a convicted felon. The loss of Weeks weighed heavily on the U.S. Marshals Service and on the Mooresville Police Department, whose detectives serve in a joint task force with the U.S. Marshals Service for the apprehension of high-risk suspects out of custody. The number of LEOs currently killed in the line of duty exceeds 50 in 2024 and the Charlotte massacre was one of the worst mass casualties affecting those who carry a badge and gun in the United States.

The police and bar can have a difficult relationship that is naturally in tension because of the criminal justice system, but Cam Bray made it his mission to learn the names, ranks, and certifications of the officers who staff the patrol division of the Mooresville Police Department.

From DWI to capital murder, he recognizes the comprehensive needs and demands of public safety, the security risks inherent in the court system, and the goals of a district attorney to prosecute offenders, protect eyewitnesses, and secure justice for victims of crime in Iredell County. At the same time, he wants to educate the public about the Constitution and the Bill of Rights for which James Iredell and the Framers put into law. The jury system, he believes, is the most trustworthy finder of truth in an age where facts yield to interpretations and one man’s opinion can elect him to the highest office of the United States of America.

Through both citizens academies, Cam Bray confirmed what he had learned in the police seminar of Wake Forest University: What the Supreme Court of the United States does is less important than local police departments and sheriff’s offices in terms of enforcing the criminal and civil laws.

He graduated from Wake Forest University School of Law on May 15, 2023, and was honored by the Pro Bono Honors Society and Wake Forest Law Review before passing the North Carolina Bar Examination that summer. “I was happy to be admitted into the practice of law by Judge Bill Long in September of last year at the Iredell County courthouse,” Cam Bray said. “My experiences with the Iredell County Sheriff’s Office and Mooresville Police Department were nothing but positive for me as a new attorney.”

He added that a career in law enforcement would be appealing with the Lake Norman boat patrol, but he would enjoy having a free car.

Forsyth County Assistant P.D. Receives Criminal Law Award from Retired Judge Denise S. Hartsfield

Thu, 14 Dec 2023 23:29:00 GMT

Artrese N. Ziglar, an Assistant Public Defender for 16 years, received the Harvey A. Lupton from the Forsyth County Criminal Defense Trial Lawyers Association.

Winston-Salem, N.C. — On Friday, December 1, the FCCDTLA awarded Forsyth County Public Defender Artrese Nicole Ziglar in a public ceremony open to members of the Forsyth County Bar.

Ms. Ziglar has been an assistant P.D. in the office of Paul James, III, the Chief Public Defender, since 2007. During that time, she has tried felonies and misdemeanors in the General Court of Justice for Forsyth County.

She also has done probation violations and bail hearings at the Forsyth County Hall of Justice for clients incarcerated and awaiting trial in the Forsyth County Detention Center. Currently, Ms. Ziglar is running for District Court Judge in Forsyth County, where she would become a resident jurist in District 31. She is the first African American woman to receive the Harvey Lupton Award for Outstanding Achievement in Criminal Law.

Born and raised in Winston-Salem, Ms. Ziglar attended the North Carolina Central University School of Law, where she graduated in 2007. She received her law license from the North Carolina State Bar in the fall of 2007.

"She's my main administrative court manager," said Mr. James, who nominated her. "The fact that I trust her means she's doing a good job."

For Mr. James, who is an avid soccer and skiing fan of few words, the nomination was intended as a compliment.

"Basically, she doesn't look for a scapegoat," said Beth Toomes, her colleague and fellow Assistant Public Defender since the office began. "She looks for solutions."

There are eighteen (18) Assistant Public Defenders in the employ of Mr. James' office in Forsyth County. Of these 18 assistant public defenders employed by North Carolina Indigent Defense Services ("IDS"), Ms. Ziglar is the fifth most senior.

The Hon. Denise S. Hartsfield, a retired District Court judge for Forsyth County, presented Ms. Ziglar with the award for public service to District 31. Jason Crump, an assistant capital defender in Forsyth County, quoted Scripture.

The event took place at Footnote, where many lifelong residents of Winston-Salem gathered to celebrate the winners.

Also awarded were Mr. William (Bill) Speaks, Jr. and Ms. Tiffany Hall, who is the jail population specialist at the Forsyth County Sheriff's Office.

The Forsyth County Criminal Defense Trial Lawyers Association has been in existence since the 1970s. Harvey A. Lupton was the Senior Resident Superior Court judge in Winston-Salem before his decease in 2001. Wake Forest University School of Law awards scholarships in his name.

The Forsyth County Publlc Defender's Office recently celebrated its 20th anniversary on September 8, 2023.

Senior Lawyers Division Welcomes T.C. Homesley of Statesville into NCBA Legal Practice Hall of Fame

Mon, 20 Nov 2023 23:32:53 GMT

"I want you to know." Elder Homesley reflects on 65-year legal career in open court.

On September 14, 2023, Troy C. Homesley, Jr. ("T.C. Homesley"), the father of Clifton W. Homesley, was inducted into the North Carolina Bar Association Legal Practice Hall of Fame. The ceremony for the 35th induction class of the NCBA took place at the Waynesville Inn & Golf Club during a fall meeting of the Senior Lawyers Division.

T.C. Homesley, 88, was also celebrated and honored during a special session of the Iredell County Superior Court on October 26, 2023, at the Iredell County Hall of Justice in Statesville. Among the attendees were his son, Cliff; his daughter, Blair Homesley Hawley; his former legal assistant, Vonnie Collins; and countless other friends, colleagues, and partners in the legal profession.

The special guests in attendance who spoke at T.C. Homesley's celebration at the Iredell County Hall of Justice were the Hon. Joseph Crosswhite, the Senior Resident Superior Court Judge in Iredell County; the Hon. Richard Doughton; the Hon. Preston Cornelius; and the Hon. L. Dale Graham, Chief District Court Judge of Iredell and Alexander Counties. Each recalled fond memories and stories of T.C. Kevin C. Donaldson of Jones, Childers, Donaldson & Webb, PLLC also spoke of his partnership with T.C. Homesley after becoming his associate.

"T.C. Homesley was a little scary," said Mr. Donaldson, who graduated from Campbell University School of Law in 1992 and worked with him as a law partner in Statesville.

T.C. Homesley moved to the Town of Mooresville and opened the law office of Collier, Harris and Collier in 1962, practicing law for 60 years as a trial lawyer after graduating from the University of North Carolina School of Law. He was an undergraduate student at Chapel Hill. After graduating from law school in 1958, he served in the United States Army Judge Advocate General's Corps as a Captain before he was honorably discharged in 1962 after serving the military in Bremerhaven, West German.

From the beginning in 1957, when he was first licensed by the North Carolina State Bar, T.C. Homesley embarked upon a 60-year legal career of service to the profession, his community, and his family in Iredell County. Collier, Harris and Collier became Homesley, Jones, Gaines and Dixon in 1972, and then later Homesley, Gaines, Dudley and Clodfelter. From the 1970s onward, T.C. Homesley was a trial lawyer who became well known in the General Court of Justice once Iredell County Superior Court and District Court were consolidated in 1966 and the Court of Appeals of North Carolina was created by law in 1967.

In the uniform courts of North Carolina, T.C. Homesley was known for his candid, frank demeanor and his down-to-earth sense of humor. Judges at the courthouse knew him as a litigator and a general practitioner. In both the District Court and Superior Court of Iredell County, T.C. Homesley was famous for the criminal and civil cases he would try, though he also knew how to plot metes and bounds by hand, how to practice real estate, how to probate a decedent's will, how to administer trusts and estates, and how to draft contracts, leases, and deeds.

"He was a lawyer's lawyer from the 1970s," said John A. Hauser, an Assistant Public Defender for Forsyth County. "They were all about service. He was one of those lawyers who was bigger than life."

Mr. Hauser, who knew T.C. Homesley from his days practicing law in Thomasville, said he and T.C. were in the same judicial district that included Alexander, Davidson, Davie, and Iredell Counties. He recalled T.C. Homesley as one of many ex-military lawyers in the 1970s who served the county well and had a big personality in Statesville, North Carolina.

T.C. Homesley served as the District 22 Bar Association President, President of the Iredell County Bar Association, and Chairman of the American Red Cross Blood campaign chapter in Mooresville, North Carolina. He has four grandchildren, one of whom is a lawyer in New York City. His son, Cliff Homesley, is a lawyer who once practiced with his father, a veteran of Army JAG.

"Having observed my dad practice law over the years and watching his involvement in our community, I am driven to provide the same level of service to our clients and to our community," said the younger Homesley, who has taken the reins from T.C.

With three generations of attorneys, T.C. Homesley has passed the torch; but bigger and brighter things lie ahead.

Part 2: A Guide To The Labor Condition Application For First-Time Employers Of H-1B Workers

Fri, 01 Mar 2019 21:16:42 GMT

Part II provides general information regarding LCA posting requirements and concerning what happens once the LCA has been submitted to the Department of Labor ("DOL"). For general information regarding LCA Forms, electronic submission through iCERT and information regarding the contents sought in the LCA please see Part 1.

LCA Posting Requirements

Employers are required to provide notice to the employer’s other employees on the worksite of the employer’s plans to hire an H-1B worker. Although, not discussed here there are requirements regarding the contents of the posting.

The posting may be done via two (2) hard-copy postings or an electronic posting of the notice that is posted for a period of at least ten (10) days. The notice must be posted within the thirty (30) day time span predating the date of LCA submission. The notice can be posted no later than the day the LCA is submitted.

The notice must be posted at the intended worksite of the H-1B worker or the employer’s principal place of business if they are not the same.

There are additional requirements for postings, among other things, when the prospective H-1B worker will be working on a third-party worksite.

What happens after the LCA is filed?

Public Access File

Within one (1) working day of LCA submission the employer should have a Public Access File (“PAF”) available for public inspection, by the DOL and/or any interested and aggrieved parties, at the employer’s principal place of business and/or the intended worksite of the H-1B worker.

The Public Access Filed should contain the following:

Copy of the submitted LCA signed by the employer (including any cover pages);
Determination of the actual wage to be paid;
Documentation detailing the method used to determine the actual wage offered;
Determination of the prevailing wage;
Any documentation demonstrating the arrival at the prevailing wage;
Documentation showing compliance with posting of notice requirements;
Listing of the benefits offered to the employer’s U.S. workers and the benefits being offered to the H-1B worker; and
Documentation that employer provided a copy of the submitted and signed LCA to the H-1B worker.

Additional documentation is needed when the employer has made certain changes such as a change in the employer’s corporate structure.

DOL Adjudication and Next Steps

Once the LCA is submitted through iCERT a certifying officer of the DOL will review the LCA and make a determination as to whether the LCA should be certified or returned to the employer without being certified. A decision as to LCA certification takes approximately seven (7) working days following the date the LCA was submitted.

Thereafter, the employer must provide a signed copy of the certified LCA submitted with the H-1B Petition no later than the first day the H-1B worker reports for work under the employer.

Upon LCA certification, there is a validity period of three (3) years. So long as, three (3) years were requested in the LCA submitted and certified by the DOL. When the LCA times out or there is a material change as to the information provided in the LCA a new LCA will need to be submitted to the DOL.

If the employer is unsure as to whether any changes in employment from the filed LCA are “material” the employer should seek the review of an attorney to assess the particular facts and circumstances involved.

For additional information the LCA along with instructions for filling out the LCA are available on the DOL's ETA webpage.

**The information provided herein is for informational purposes only. We are not giving legal advice. If you are seeking legal advice you should schedule a consultation with a licensed attorney to review the particular facts of your case.**

Part 1: A Guide To The Labor Condition Application For First-Time Employers Of H-1B Workers

Wed, 27 Feb 2019 21:15:02 GMT

Part I provides general information regarding LCA Forms, electronic submission through iCERT and information regarding the contents sought in the LCA. Part II will provide general information regarding LCA posting requirements and information concerning what happens once the LCA has been submitted to the DOL.

A first-time employer wanting to sponsor an H-1B worker must submit a Labor Condition Application for Nonimmigrant Workers (“LCA”) before submitting the H-1B Petition.

The LCA Form has to be submitted to the Department of Labor (“DOL”) and must be approved by the DOL before the H-1B Petition can be submitted. Why does the LCA have to be approved before submitting the H-1B Petition? The approved LCA must be attached to the H-1B Petition when it is submitted to United States Citizenship and Immigration Services (“USCIS”).

For first-time employers, this process can initially appear a bit daunting. However, it does not have to be. In Part I, I have provided basic information regarding the LCA. Including information as to the LCA Form and the information needed to submit the LCA.

The LCA Form

In the simplest of terms, the LCA refers the form that must be completed and submitted by the employer that is seeking to hire an H-1B worker.

The LCA can be submitted via one of two forms (Form ETA 9035 and Form ETA 9035E). Form ETA 9035 refers to the LCA used if the employer fills out the paper form of the LCA and submits the hardcopy to the DOL. Form ETA 9035E refers to the LCA used if the employer fills out and submits the electronic form of the LCA to the DOL.

Generally, the LCA must be filled out and submitted electronically by the employer. However, there are limited circumstances, such as lack of access to the electronic option or physical disability, in which the employer may request to do this process via mail-in submission of the hardcopy form.

Electronic Submission through iCERT

Electronically, the LCA must be filled out and submitted through the iCERT Visa Portal System provided by the DOL’s Employment and Training Administration (“ETA”). If this is the employer’s first time using the iCERT Portal System they will need to make an account.

Once an account has been made the employer can start filling out the LCA and submit the LCA to the DOL. The employer can fill out the LCA up to six (6) months before the start date designated by the employer on the LCA.

Employers going through this process for the first time will need to have their FEIN Identification Number verified before submitting the LCA through iCERT. If the LCA is submitted prior to FEIN verification the employer risks having the LCA returned without certification. FEIN verification is a fairly simple process with an estimated two (2) day turn around.

LCA Contents

In general, the LCA requests the number of H-1B workers sought, Occupational Code Classifications of those workers and information regarding the Prevailing and Actual Wages to be paid. Additionally, the LCA requires that the employer make several significant attestations.

In a nutshell, the LCA requires that the employer attest to the wages to be paid to the worker, working conditions, that notice will be provided to employees at the worksite and that there is no strike, lockout, or work stoppage at the time the LCA is submitted.

Generally, additional requirements and attestations are required by employers that are deemed “H-1B Dependent” employers. Employers deemed “Willful Violators” will also be required to make additional attestations in the LCA.

Failure to comply with the attestations in the LCA can result in DOL investigations and/or audits regarding the veracity of the LCA and compliance with the filed LCA.

The LCA along with instructions for filling out the LCA are available on DOL’s ETA webpage.

Incompetency And Guardianship FAQS

Wed, 14 Mar 2018 20:10:41 GMT

I think my loved one needs day-to-day assistance, but is she incompetent?

An incompetent adult is one who “lacks sufficient capacity to manage the adult’s own affairs or to make or communicate important decisions concerning the adult’s person, family, or property, whether the lack of capacity is due to mental illness, mental retardation, epilepsy, cerebral palsy, autism, inebriety, senility, disease, injury or similar cause or condition.”

How do I become someone’s guardian?

Step one is filing a petition for adjudication of incompetence and application for appointment of a guardian. A hearing will then be held before the Clerk of Superior Court. If the Clerk finds by clear, cogent and convincing evidence that the respondent is incompetent, then a guardian must be appointed.

What is a guardian ad litem?

The guardian ad litem is a local attorney who will be appointed to represent the respondent unless the respondent retains private counsel. The guardian ad litem is required to visit the respondent and determine his/her wishes regarding the incompetency action and the proposed guardianship appointment. The guardian ad litem will report the respondent’s wishes to the court and will also make recommendations to the Clerk concerning the respondent’s best interests if those recommendations differ from the respondent’s wishes.

Do we need a doctor to testify at the hearing?

Not necessarily. The level of medical evidence necessary depends upon the history and whether the case is contested. In some cases, an affidavit from a doctor that includes a recommendation is sufficient.

Are there different types of guardians?

Yes. The Clerk can appoint a full or limited guardian of the person, guardian of the estate, or general guardian. If the Clerk finds that the respondent is only incompetent to a limited extent and that it is in his/her best interests to retain certain rights and privileges, a limited guardian will be appointed. If the Clerk finds that the respondent wholly lacks the capacity to manage his/her personal affairs, a full guardian will be appointed.

A guardian of the person has the authority to custody, care and control of the respondent’s person. A guardian of the estate has the authority to receive, manage and administer the property, estate and/or business affairs of the respondent. A general guardian is granted the authority of both the guardian of the person and the guardian of the estate.

We have a guardian in place already, but that person is no longer willing or able to serve. What do we do?

A motion to modify guardianship will need to be filed, and the Clerk will appoint a new guardian, if needed.

This is an emergency! How long does the entire process take?

The timeframe depends upon the county and the Clerk’s schedule. In Iredell County, the hearing date will be a few weeks after the petition is filed. The petitioner can request an interim hearing if there is an imminent or foreseeable risk of harm to the respondent’s physical well-being or estate that requires immediate intervention. The interim hearing date will be scheduled prior to the full adjudication and disposition hearing.

There are multiple people interested in becoming the guardian. Who will the Clerk appoint?

The Clerk will appoint a guardian that he/she believes will best serve the respondent. In some cases the Clerk will appoint one individual as guardian of the person and a different individual as guardian of the estate. Occasionally, there will be no suitable individual willing to serve as guardian. In those cases, the Clerk will appoint a public agency.

Do I have to hire an attorney or can I do this myself?

The forms are available at the courthouse and you are certainly able to file and pursue the case without the assistance of an attorney. Keep in mind that pro se individuals are held to the same standard as attorneys when it comes to filing documents, presenting evidence, etc. Attorneys are incredibly helpful, especially if your case becomes contested.

8 Tips For North Carolina Employees Suffering From Discrimination, Harassment, or Retaliation

Wed, 22 Nov 2017 21:08:01 GMT

Although you may have heard that North Carolina is an "at-will" employment state, you have a right to work in a job free from discrimination, harassment, and retaliation based on unlawful reasons! If your boss is targeting you with inappropriate workplace activity, here are some tips to help build your case.

As a disclaimer, this is being given for general informational purposes, and does not constitute a legal analysis of your situation; in fact, your circumstances may cause some of this information to be inapplicable to you. You should consult with an attorney - such as Clark D. Tew at Homesley & Wingo Law Group - at your earliest convenience before taking any action.

1. Unless you are forced to, do not quit!

Until recently, quitting your job in North Carolina was almost always fatal to an employment law claim. Even now, it may have a substantial impact on your case, and may cut off whatever damages are available to you. If you do quit, you have to show that you suffered from "constructive termination". "Constructive termination" - meaning you were forced to quit because of your intolerable working conditions, only gives rise to a claim for discrimination in a small number of situations. Therefore, unless you've talked to your attorney and she or he has assured you that you can quit, or unless you must absolutely quit to preserve your health, religious beliefs, or sanity, don't do it.

2. Keep a journal.

Far too often, clients forget important dates, key details, and names of involved coworkers. That can be solved by keeping a detailed journal - but don't keep a journal just of the bad things. Keep a journal of every day, even if you don't write anything other than a brief summary of your day. That way, when your journal goes into evidence, it's clear that you weren't just selectively writing about the bad things that happened to you. On the other hand, your journal will likely need to get into evidence, so keep it strictly professional, unless you're talking about your own personal psychological and medical issues resulting from your treatment at work.

3. Make any complaints in writing.

Complaining to your boss or HR on the phone or in person is fine, but it's not going to serve as great evidence in a lawsuit. Writing is always best, but it's probably worth consulting with an attorney before you hit "send" on your complaint.

4. If advised to do so by an attorney, record your meeting with HR or your boss.

In North Carolina, you can generally record a conversation provided you're part of it. Now that everyone's cell phone has a pretty sensitive recording microphone on it, people are able to get very clear recordings with their devices in their pockets, purses, or just on the table. You may not have to ask for permission from HR or your boss to record the conversation. Speak with an attorney about this if you have questions, because there are certain instances in which recording audio may not be permitted, and a recent statute passed by the North Carolina General Assembly may prohibit the recording of audio or video in certain employment situations.

5. Print incriminating evidence.

When you have a lawsuit for discrimination, the employer usually holds all of the cards. If you have any e-mails, memos, text messages, or other communication that you received or were copied on that you think can prove your case, print out a copy for your use later. Consult with an attorney before doing this, however, as some documents may contain "trade secrets" or other confidential information, and if so, you could have liability for misappropriating that information. Don't forward e-mails directly to your attorney from your work account, as those may not be protected as attorney-client privileged.

6. Speak with an attorney before things go from bad to worse.

Often employees will wait until well after they have been terminated to speak with an attorney. This may be too late, as there are things you can do during your employment - like file written HR complaints or filing EEOC charges - that may have improved your case once you are terminated. While it may seem odd, some attorneys like to get involved early in a case so that they can steer you into a more optimal position when it comes time to take legal action against your employer. In particular, look for an attorney who is willing to take your case from the start, and will assist you all the way to trial.

7. Keep on your best behavior.

Even if you've complained to HR, filed an EEOC charge, and tipped off the United States Department of Labor, an employer can still terminate you from employment if you violate their work rules, stop showing up to work, or engage in misbehavior. While you still may have claims against your employer, that wold put a kink in your plans, and make your case more difficult to pursue. Don't give your boss any ammunition!

8. Feel free to talk to other employees that you know have been treated similarly.

As a private employee, you have a right, under Section 7 of the National Labor Relations Act to engage in "concerted activity", which can include discussing the circumstances of your harassment or discrimination with your coworkers. Doing so can result in finding witnesses for your own case, and can result in learning information about other related instances of misconduct by your employer. If you are caught discussing these issues with your coworkers and are terminated, you may have a claim with the National Labor Relations Board (the North Carolina office is in Winston-Salem) for an unfair labor practice.

Employment disputes can be a scary and uncertain time for any employee regardless of how much you're paid or what type of job you have. Reach out to Clark D. Tew with our firm today if you have any concerns about your current or past employment situation.

Family Court Mediation FAQS

Wed, 25 Oct 2017 20:00:47 GMT

What issues can be mediated?

Child custody, child support, equitable distribution of property, post-separation support and alimony can all be addressed.

Who is the mediator?

Usually the mediator is an attorney who is actively practicing family law in your area.

Who will be there?

Both parties, both attorneys, and the mediator. The mediator will typically request that parties come alone (meaning no family members, new significant others or friends attend).

How long will it take?

The session could last for a few hours, the entire day, or multiple days. An impasse will be declared if, after a few rounds of negotiations, it becomes clear that a settlement is out of reach.

Will I have to see the opposing party?

The mediator will typically begin the day by bringing everyone into one room and going over the procedure. The parties will then split off into different rooms and remain apart throughout the session. If the case involves a history of domestic violence or some other reason that makes it unsafe or inappropriate for the parties to be in the same room, the mediator should be informed ahead of time.

What happens if we reach an agreement?

The agreement will be memorialized in a separation agreement or consent order that will be drafted and signed by both parties that day.

What happens if we don’t reach an agreement?

Any issues that are not settled at mediation can be resolved in court.

How can I help make the day a success?

Meet with your attorney prior to mediation. Provide all requested documents and review everything with your attorney. Think about possible offers for each of your claims and what alternatives you may be comfortable agreeing to. Enter the day with an open mind and a positive outlook. The goal is to settle your case so that you can move on to the next chapter. Keep in mind that the results in court can often be arbitrary and after great further expense.

Adoption And Termination Of Parental Rights FAQ

Wed, 06 Sep 2017 19:59:16 GMT

Adoption

I want my spouse to adopt my child. Does the other parent have to agree?
If the other parent’s parental rights have not been terminated, he or she would have to consent to the child being adopted. If the parental rights have been terminated consent from that parent is no longer required. See below for info on the TPR process.
Does my child have to consent to be adopted?
Only if he or she is at least 12 years old.
Do we have to go to court?
Only in very rare circumstances. Most adoptions are granted without a hearing.
Can an adult be adopted in NC?
Yes, so long as the adoptee and the adoptive parents are in agreement. Adult adoptions require a brief hearing before the clerk of court.

Termination of Parental Rights

What are the grounds for terminating someone’s parental rights?
The grounds are listed here: http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_7B/GS_7B-1111.html

To succeed in a TPR action you must prove at least one ground by clear, cogent and convincing evidence, and then you must prove that termination is in the child’s best interests.

What if the other parent doesn’t show up to court?
A hearing will still be held in his/her absence.
Does my child get to tell the judge what he/she wants?
Not directly. The child will be appointed a Guardian ad Litem (“GAL”). The GAL will talk to the parties, meet the child, and write a report to the court expressing his or her opinion of the outcome that would be in the best interests of the child. Our GALs are local family law attorneys who are very experienced in these matters.

Family Court: What To Expect

Wed, 30 Aug 2017 19:58:28 GMT

Trials are stressful - especially for clients who have never testified or been in a courtroom before. Below is some information to help you prepare. Please note that this information specifically applies to family court in Iredell County.

Be on time! Your attorney will tell you what time to be in court. You may be the first case scheduled for the day or you may be a backup to an earlier case, but cases often get continued at the last minute or called out of order for other reasons. It’s important to be in the courtroom ready to proceed when called. If you are running late for any reason please notify our office so we may update the judge.
Please remember that your appearance is a reflection of you and judges notice what the parties are wearing. Dress modestly; wear clothing that is clean and without rips and holes. Men should wear slacks, a collared shirt, and a tie. Women should wear slacks and a blouse or a dress/skirt (being mindful of length), with appropriate footwear.

The following is NOT appropriate dress: flip-flops, tank or halter tops, jeans with holes in them, or shirts with inappropriate or offensive logos. All hats and sunglasses must be removed before entering the courtroom.

Disregard what you have seen on TV. Our courtrooms do not look like the ones you see in “A Few Good Men” or “Law & Order.” Our courtrooms are small and unintimidating. In addition to the people associated with your case, there will be the judge, a clerk, a bailiff and possibly parties and attorneys from other cases scheduled the same day.
Your attorney will ask you questions and the opposing counsel (or opposing party if there is no opposing counsel) will have the opportunity to ask you questions as well. Keep your cool and tell the truth. Don’t let the other side’s questions fluster you or serve as a distraction from your goals. If you don’t understand a question, ask for clarification.
Cell phones aren’t allowed in the courthouse so leave yours in the car.
Remain quiet in the courtroom. If you need to talk to your attorney, waive him or her over and you can step into the hall to chat when appropriate.
Ask us questions! We want you to be as prepared as possible heading into court.

Securing Property By Issuing An Order of Attachment

Mon, 21 Aug 2017 19:57:28 GMT

An extremely effective, but often underutilized litigation tool in North Carolina is the order of attachment. Attachment has particular applicability to the racing industry due to the nomadic nature of the sport and its participants. Though attachment can often bear fruit early in litigation and lead to prompt recovery by creditors, it is also a remedy that should not be undertaken lightly.

Attachment is defined as follows:

NCGS §1-440.1(a) Attachment is a proceeding ancillary to a pending principal action, is in the nature of a preliminary execution against property, and is intended to bring property of a defendant within the legal custody of the court in order that it may subsequently be applied to the satisfaction of any judgment for money which may be rendered against the defendant in the principal amount.

The most likely and clear cut scenario under which an order of attachment may be available is the case where the defendant is a nonresident or a foreign corporation (see NCGS §1-440.3(1) and (2)). The statute is clear that this is a simple categorization. If the defendant is a nonresident individual, the defendant’s assets that are located in North Carolina are subject to attachment. If the defendant is a foreign corporation, the defendant’s assets that are located in North Carolina are subject to attachment.

GENERAL PROCEDURES GOVERNING ATTACHMENT

In North Carolina, the law governing attachments is codified in great detail in NCGS §1-440 et. seq. In that attachment is an instantaneous remedy that is entered long before a final judgment, there are not a significant number of appellate cases relating to attachment despite the fact that attachment often results in significant immediate financial impact on the defendant.

When a defendant has its assets attached at the outset of litigation, it is put at a tremendous disadvantage in that litigation. The plaintiff, by posting what often is a minimal bond, and by alleging through affidavit or verified complaint that the defendant is a foreign corporation or a non-resident is entitled to an order of attachment.

All of a defendant’s property in North Carolina which would normally be subject to levy under execution of a judgment is likewise subject to attachment. NCGS §1-440.4. This means that anything from money in the bank to equipment and inventory is subject to being attached.

The clerk of superior court or the judge of the appropriate trial division has the authority to issue an order of attachment at any time from the commencement of litigation until prior to the entry of final judgment. NCGS §1-440.5. No order of attachment can be issued after judgment has been entered. NCGS §1-440.6.

The clerk or judge as the case may be has the authority to set the bond. NCGS §1-440.10 provides that the bond cannot be less than $200.00. The amount of the bond is critical because if the plaintiff does not prevail, the defendant is entitled to recover the defendant’s damages directly from the bond.

The element of surprise is essential in actions where attachment is an option. As such, while in most cases pre-litigation negotiation is always the best policy, it is usually best to file first and talk later in cases where an order of attachment is a good possibility. Once the order is issued and bond obtained, the attorney must work closely with the sheriff in carrying out the levy of the order of attachment. The plaintiff client will often know a lot about the defendant and the assets in possession of the defendant. This is particularly true in the racing environment. Often, when the sheriff arrives to execute the order, the defendant will attempt to mislead the sheriff by providing the sheriff with outdated equipment or race cars. We have had this happen on several occasions and with the help of our client have been able to inform the sheriff of the more valuable assets (such as a transporter) that will more likely equal the value in the order of attachment.

Call (704) 457-1073 today to reach our Mooresville civil litigation attorneys . Make sure that you understand your legal rights, and start discussing your legal options.

Child Custody During Back-To-School Season

Wed, 16 Aug 2017 19:56:04 GMT

Back-to-school season brings many emotions. Excitement, nervousness, and dread for some. If you are a single parent of a minor child this time of year it may also bring about conflict and confrontation with the other parent. Keep the following tips in mind as you enter this school year and try to resolve small issues before they multiply and you wind up in a courtroom.

TALK IT OUT!

Try to get along. It sounds elementary and it is certainly easier said than done, but this simple piece of advice is often forgotten. Communication is key. An alarming number of custodial disputes arise due to the parents’ failure to effectively communicate. If you want to sign your daughter up for soccer lessons, talk to the other parent. If you want to get your son a math tutor, talk to the other parent. Custody cases frequently escalate due to one party feeling that the other party is exerting too much control or overstepping boundaries. Avoid letting text or emails escalate into larger issues. It is also easier to simply make that phone call and speak in rational terms to calm matters down.

If parents with joint legal custody are deadlocked as to a day-to-day decision regarding their child, the issue can be brought before a judge for a final determination. Custody court should be reserved for the most contentious, difficult cases. Our judges will expect parents to be able to compromise and work minor issues out without court intervention.

FALL INTO A ROUTINE

It’s common for one parent to take on the role of disciplinarian while the other is more laid back. This frequently leads to complaints about the child staying up too late and being tired at school, not having homework finished, not eating healthy foods, and rejecting the rules of the stricter household. Help your child succeed by establishing a routine that is consistent in each parent’s household and following it. Ensure that your child’s homework is done each night. Talk to the other parent to determine an age-appropriate bedtime – and stick to it. Enforce rules uniformly. When parents fail to work together on reasonable methods of child rearing, they essentially release control of the child raising process to the child. No one wins in that scenario.

ACCESS TO SCHOOL RECORDS

N.C.G.S. §50-13.2(b) states that “absent an order of the court to the contrary, each parent shall have equal access to the records of the minor child involving the health, education, and welfare of the child.” Be sure that your child’s school has a copy of your most recent custody order. Review the order with your child’s teacher and administrators to ensure that everyone understands each parent’s rights and obligations regarding the child’s education.

CLOTHES, SCHOOL SUPPLIES, AND SPORTS EQUIPMENT

A frequent point of tension is the children taking back-to-school items purchased by one parent going to the other parent’s home and never returning (i.e. clothing, school supplies, sports equipment, etc.). If financially feasible, each parent should purchase sufficient clothing and supplies to allow the child to have full sets at each parent’s house. This avoids conflict between the parents and also minimizes the amount of packing the child has to do when rotating between the homes.

LEAVE THE CHILDREN OUT OF IT

Don’t send messages to the other parent through your children. Even something as simple as a rescheduled appointment time should be communicated directly between parents. It should go without saying, but absolutely do not speak negatively about the other parent to the children. It’s detrimental to the children and will come back to bite you if you find yourself in court. In the long run, alienating a child from a parent will also come back to haunt the parent who caused the alienation because at some point in his or her life, the child will realize that he or she was manipulated and a true resentment can come to bear.

BOTTOM LINE

Three ingredients to successful co-parenting are communication, compromise and respect. The process can be tough, but few things are more important than working together to ensure that your child’s education is successful. Custodial decisions should be made with the child’s best interests in mind and nothing else. Face and resolve conflicts as they arise. Don’t shove problems under a rug and expect them to resolve themselves. Open and honest communication will lead to a more successful co-parenting relationship.

Call (704) 457-1073 today to reach our Mooresville family law firm. Make sure that you understand your legal rights, and start discussing your legal options.

Alimony & Post-Separation Support FAQ

Tue, 15 Aug 2017 19:54:50 GMT

Am I entitled to receive alimony?
To receive alimony you must prove that you are the dependent spouse, that the other party is the supporting spouse, and that the other party has the ability to pay.

How long will I have to pay?
The duration is completely in the judge's discretion. In making the determination, the judge will consider a number of factors such as the length of the marriage, the income and earning capacity of each spouse, marital misconduct, and the health and age of each spouse.

How much will I have to pay?
The amount is also completely in the judge's discretion. The same factors that are used to determine the duration of an alimony award are used to determine the amount.

He had an affair. Can I get more money?
Possibly. Marital misconduct is one of the many factors the judge will consider in determining the amount and duration of an alimony award. If the affair was condoned, however, it will have no impact on the judge's ruling.

Call (704) 457-1073 today to reach our Mooresville family law firm. Make sure that you understand your legal rights, and start discussing your legal options.

Child Custody FAQ

Tue, 08 Aug 2017 19:52:33 GMT

Child custody is one of the most challenging and emotional areas of the law. Our family law attorneys, Andrew J. Wingo and Stephanie M. Killian, are here to guide you through this difficult time. Below are some of the most common questions posed by custody clients.

When can my child decide where he/she wants to live?

Not until the child turns 18.

Can my child talk to the judge?

Children are permitted to testify, but it is generally discouraged unless the child has witnessed or been victim to an abusive or neglectful environment. We can discuss your specific concerns and determine whether it would be appropriate in your case.

Can I move out of state with my child?

If you want to relocate it's best to first address the issue with the other parent. If parents are in agreement, you can enter into a consent order that addresses the move. If parents are not in agreement a trial will be necessary and the parent requesting the move will need to prove that relocation is in the child's best interests. If a parent moves with the child without having an order in place that addresses the move, the other parent may be able to obtain emergency custody and prevent the move pending a hearing.

What is the difference between legal and physical custody?

Physical custody refers to the parent the child physically resides with on any given day. Legal custody is the day-to-day decision-making authority.

Do we have to attend mediation?

Prior to having a permanent custody trial parties are required to attend custody mediation. That requirement may be waived in a few circumstances, such as when one party lives more than 50 miles from the courthouse, or in cases involving a history of domestic violence. Mediation is not necessary if parties are able to reach an agreement themselves or through attorney negotiations.

Can my custody order be modified?

Orders are modifiable until the child turns 18 if you can show that a substantial change of circumstances has occurred since the entry of the most recent custody order, and that the change impacts the best interests of the child.

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Key Takeaways for Business Owners

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The Second Chance Act and Your Rights as a Wanted or Accused Individual

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Part 2: A Guide To The Labor Condition Application For First-Time Employers Of H-1B Workers

Part 1: A Guide To The Labor Condition Application For First-Time Employers Of H-1B Workers

Incompetency And Guardianship FAQS

8 Tips For North Carolina Employees Suffering From Discrimination, Harassment, or Retaliation

Family Court Mediation FAQS

Adoption And Termination Of Parental Rights FAQ

Family Court: What To Expect

Securing Property By Issuing An Order of Attachment

Child Custody During Back-To-School Season

Alimony & Post-Separation Support FAQ

Child Custody FAQ

How to File?

How can Homesley & Wingo Law Group help?