Mason, Mason, and Smith Attorneys at LawMason, Mason, and Smith Attorneys at Law2026-06-30T10:49:46Zhttps://www.masonmasonlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1504230/2024/09/cropped-mason-Site-Icon-32x32.jpgby Mason, Mason, & Smith Attorneys at Law<![CDATA[Mason, Mason, & Smith Attorneys Named to 2026 Super Lawyers and Rising Stars Lists]]>https://www.masonmasonlaw.com/?p=730262026-05-05T05:54:56Z2026-05-01T06:36:24ZSuper Lawyers – Criminal Defense
The Rising Stars list recognizes exceptional attorneys who are either under the age of 40 or have been practicing for 10 years or less.
These recognitions reflect Mason, Mason & Smith’s continued commitment to providing strategic, results-driven legal representation. As a trusted criminal defense and family law firm, the team advocates for clients facing complex legal challenges with professionalism, skill, and dedication.
Whether representing individuals in criminal defense matters or guiding clients through sensitive family law cases, Mason, Mason & Smith remains focused on delivering high-quality legal services and achieving the best possible outcomes.]]>On Behalf of Mason, Mason, & Smith Attorneys at Law<![CDATA[How to expunge your criminal record in North Carolina]]>https://www.masonmasonlaw.com/?p=729682025-10-22T08:29:37Z2025-10-22T08:29:37ZUnderstanding the expungement option in NC
Criminal records are permanent and public, which poses potential consequences to your future. In North Carolina, you may be eligible to clear or remove your conviction and arrest record from public access. Although this is true, courts will retain a confidential record of the expunged matter.
If your expungement request is successful, the authorities can treat your record as if it never existed. Consequently, you can have a fresh start with your life. This also means applying for jobs and securing housing without worrying about background checks.
Examining the expungement eligibility criteria
Your eligibility for expungement may depend on these factors:
You are found not guilty of the charge or receive a dismissal.
You have served any active sentence or supervision.
You finished your waiting period, depending on the type of offense and date of charge.
Determining your eligibility is important. If you are unsure whether you meet the criteria, a criminal defense attorney can assess your case.
Moving forward with the expungement process
The first step of your expungement process is gathering the required documents, such as copies of your criminal record, court forms, and verified affidavits of good moral character. Once done, you must have your papers signed by the District Attorney before submitting them to the county court where you had a charge filed.
While requesting expungement of your convictions can be complex, the potential benefits make it worth pursuing. If you need more information about the process, consider researching more about the matter online.]]>On Behalf of Mason, Mason, & Smith Attorneys at Law<![CDATA[Common defense strategies for DUI charges in North Carolina]]>https://www.masonmasonlaw.com/?p=729472025-08-28T13:45:28Z2025-08-28T13:31:22ZChallenging the initial stop
In North Carolina, a police officer must have reasonable suspicion to stop a vehicle. If the stop was unlawful, any evidence obtained during such stop may be inadmissible in court. Reviewing the police report and dashcam footage can help determine if the stop was justified. If the stop was unlawful, a defense attorney may be able to file a motion to suppress the evidence.
Pointing out breathalyzer errors
Breathalyzers, like any other machine, can be faulty or malfunction due to various factors, including improper calibration or user error. Thus, the results of a breathalyzer test are not always conclusive. Documentation showing the breathalyzer's calibration and maintenance history can help prove errors.
Questioning the accuracy of a field sobriety test
In addition, field sobriety tests are not always reliable indicators of intoxication. These tests are subjective and can be influenced by various factors, such as the officer's experience and your physical condition. Reviewing the police report and video footage can help determine if the officer administered the tests correctly and if the results were accurate.
Bringing up other factors
Meanwhile, other defense strategies that could lead to a reduction or dismissal of DUI charges may include challenging the officer's observations, questioning the accuracy of the blood test results or highlighting medical conditions that may have contributed to your behavior. Additionally, there can be an investigation into whether the police officer followed proper procedures during the arrest.
Making informed decisions about your DUI case
Facing a DUI charge can be daunting. The outcome depends on the circumstances of your case and the defense strategies employed. By seeking legal guidance, you may better understand your options and navigate the complex legal system. Also, having legal counsel may help you make informed decisions about your DUI case and ensure the protection of your rights throughout the process.]]>On Behalf of Mason, Mason, & Smith Attorneys at Law<![CDATA[Can a spouse’s marital misconduct affect their divorce settlement?]]>https://www.masonmasonlaw.com/?p=729412025-07-01T11:16:21Z2025-07-01T11:16:21Zseparated for at least a year, and at least one party must have resided in the state for a minimum of six months.
Can it benefit a spouse to file a grounds-based divorce if they have grounds? For example, what if a spouse has been unfaithful (which falls under “marital misconduct” according to North Carolina law)?
Can misconduct help a non-offending spouse get more alimony?
If a couple can’t decide on alimony on their own, a judge will be called on to do it. According to the law, one of the factors they can consider is whether there was marital misconduct. This can work in favor of the person whose spouse was unfaithful – whether they would be the paying or receiving spouse – in terms of whether they have to pay alimony and, if so, how much. Financial factors such as income and earning potential, however, are more important.
Can marital misconduct affect parental rights?
Infidelity is less likely to affect child custody decisions. Unless the spouse’s infidelity caused them to neglect their child or otherwise put their child in unsafe or unhealthy situations, it likely won’t be a factor in determining how custody is split.
Of course, it’s typically best for everyone when divorcing couples can negotiate the terms of their divorce themselves. In some cases, someone who has been unfaithful will agree to their spouse’s terms out of guilt or simply to get the divorce over with – especially if they have a new partner. As long as the terms aren’t egregiously unfair to one spouse or not in the best interests of a child, a judge will typically approve them.
While marital misconduct is certainly not unusual, each divorce is unique. That’s why it’s important to get experienced legal guidance as early as possible.]]>On Behalf of Mason, Mason, & Smith Attorneys at Law<![CDATA[What HB-108 might mean for North Carolina drivers]]>https://www.masonmasonlaw.com/?p=729322025-03-27T20:19:38Z2025-03-27T20:19:38ZWhat do lawmakers want to address?
For years, the rules related to drunk driving have remained roughly the same. Drivers can face charges regardless of their alcohol levels if they drive poorly. Others can face prosecution because of their chemical state. The proposed change to BAC limits could significantly increase the volume of DWI cases prosecuted in North Carolina.
If HB-108 passes the state legislature, it may significantly change the way that the state handles DWI charges. Drivers could be at risk of a per se offense based on their blood alcohol concentration once it reaches 0.05%. The current threshold is 0.08%. HB-108 has bipartisan support. Lawmakers want to reduce alcohol-related traffic deaths, which reached 409 fatalities in 2022.
A lower BAC limit might result in far more motorists facing technical or per se violations. Many motorists already struggle to notice when they are at or over the legal limit. Reducing the per se BAC limit may expose many motorists to the risk of DWI prosecution.
The state can prosecute any driver who has a BAC over the legal limit even if they do not necessarily display poor driving abilities. Should HB-108 pass, many people may face arrest and prosecution for actions that were not previously illegal. Those drivers may need help developing a criminal defense strategy to avoid conviction.
Learning more about North Carolina's DWI statutes is important for those hoping to avoid or fight back against pending DWI charges. Specific defense strategies may prove helpful for those charged on the basis of their BAC rather than on their driving.]]>On Behalf of Mason, Mason, & Smith Attorneys at Law<![CDATA[How relocation can affect child custody and parenting time]]>https://www.masonmasonlaw.com/?p=729312025-03-23T16:32:58Z2025-03-23T16:32:58ZRelocating can significantly impact child custody and parenting time arrangements. As a result, co-parents in North Carolina must carefully consider how a move might affect their legal rights and the well-being of their children. When one parent contemplates relocation, it is important to understand any potential challenges that may arise under state law. North Carolina courts work to prioritize the best interests of children when evaluating any proposed change to custody or parenting time, and relocation cases are no exception.
Primary concerns and considerations
Relocation can introduce logistical challenges into a co-parenting scenario that may affect both the frequency and quality of parenting time. When a parent moves, distance becomes a factor in determining parenting time schedules, and travel arrangements may require adjustments to existing plans. In some instances, the courts may modify a current custody order to accommodate the new geographic realities, which can result in reducing the amount of time that one parent spends with their child or requiring longer, less frequent stretches of parenting time to accommodate the move. Such modifications are made with the intention of preserving a meaningful relationship between the child and both parents while also considering the practical difficulties of long-distance travel. Parents can opt to agree on relocation arrangements, and they can formalize their decisions with the assistance of their legal teams. However, a parent can potentially seek the court’s permission to relocate, even if their co-parent resists this turn of events. North Carolina law does not prohibit relocation, but it does impose a responsibility on the relocating parent to demonstrate that the move will not adversely affect their child’s welfare nor unjustly/unnecessarily trod upon the rights of the child’s other parent. This often involves presenting evidence that the new location offers opportunities for a better quality of life, such as improved educational or extracurricular activities, and that the relocation is in line with the child’s best interests. Courts generally examine the reason for a move, the distance involved and the feasibility of maintaining regular contact between a child and their non-relocating parent before making any determinations in a contested relocation case either way. Seeking legal guidance proactively can help parents seeking to relocate – or resist the relocation request of a co-parent – to fully explore their rights and options.
]]>On Behalf of Mason, Mason, & Smith Attorneys at Law<![CDATA[Top 5 myths about child custody]]>https://www.masonmasonlaw.com/?p=727662025-01-10T16:57:04Z2025-01-10T16:57:04ZMyth #1: Mothers always get custody of their children
Truth: One of the longest running myths about child custody is that mothers always get custody of their children. This can make it seem as if fathers do not receive any rights. However, child custody is typically based on a child’s best interests. When a court decides child custody, there are several factors that are determined before a child custody arrangement is made.
Myth #2: Children can always choose where they want to live
Truth: Children may have some idea of which parent they would want to live with during a child custody dispute. While a child may know what they want, that does not always mean they know what is best for their interests. Where a child lives is not solely based on a child’s wants. Instead, some judges will interview a child and listen to their wants, but that does not mean their input will determine which parent receives custody.
Myth #3: Child custody arrangements cannot change
Truth: Child custody arrangements are often temporary. There may be room for improvement as a child grows. Either parent can petition for an altered custody arrangement. However, parents may have to provide evidence that a modification is necessary for a child’s well-being. For example, an altered custody arrangement may be necessary if a child has special needs or a parent’s work schedule changes.
Myth #4: Joint custody means 50/50 custody
Truth: Joint custody is often the preferred choice by many courts. However, joint custody is not always 50/50 custody. For example, one parent may have more legal custody rights than the other. This means that this parent may decide what is best for their child, such as their education or health care. Parents may also, for example, split physical custody. This could mean that a child lives with one parent more than the other.
Myth #5: Co-parents cannot move
Truth: A parent may wish to relocate after a divorce because of better housing or job opportunities. Child custody can make it difficult for parents to move, but often not impossible. Parents may need to renegotiate the terms of a custody arrangement to help ensure each parent is providing for their child.
It is important that parents understand the truth about child custody. Parents can reach out for legal guidance and have their questions answered at any time, so that they can be empowered to make truly informed decisions.]]>On Behalf of Mason, Mason, & Smith Attorneys at Law<![CDATA[North Carolina’s “Good Samaritan” drug overdose immunity law]]>https://www.masonmasonlaw.com/?p=727482024-11-07T11:43:19Z2024-11-07T11:43:19ZWhat does North Carolina’s law say?
Under North Carolina law, if someone acting “in good faith” gets emergency help for a person who appears to be suffering an overdose, they have immunity from facing charges for drug offenses involving a small amount of drugs or paraphernalia that police may find when they arrive. They also have immunity if the drugs and/or paraphernalia found are a violation of their conditions of “pretrial release, probation, parole, or post‑release.”
Unlike in some states, North Carolina law specifies that the overdose victim receives the same immunity. That means a person can call for help without worrying that they’re getting someone arrested – or worry about calling 911 for their own overdose.
What does “in good faith” mean? It means that a person must seek help because someone needs it – and not to get out of a potential or imminent arrest. For example, the law doesn’t apply if someone tells authorities about an overdose “during the course of the execution of an arrest warrant, search warrant, or other lawful search.”
This law offers important protections. However, it can’t guarantee that a person may not be wrongly arrested or even charged for an offense for which they should have immunity. These situations can be extremely chaotic. That’s why it may be necessary to get legal guidance to protect your rights and make your case if you’ve been wrongly arrested.]]>On Behalf of Mason, Mason, and Smith Attorneys at Law<![CDATA[How do you defend against assault charges?]]>https://www.masonmasonlaw.com/?p=727212024-09-09T13:28:22Z2024-09-09T13:28:22ZSelf-defense or defense of others
One of the most effective defenses in assault cases is self-defense, as all North Carolina residents are entitled to protect themselves when facing immediate threats. Defendants can explore this defense approach whether they’re facing allegations of:
Simple assault, which is attempting to harm someone
Assault with a deadly weapon, which is threatening or actually using a deadly weapon against someone
Assault on a woman, which is a Class A1 misdemeanor—the most serious misdemeanor level in North Carolina
Aggregated assault, which involves serious bodily injury or intent to commit additional felonies
Skilled legal guidance can help defendants demonstrate that the force they used in self-defense was proportionate to the imminent threat.
Lack of intent
Per the legal definition of assault, a defendant should only be charged if they had every intention to harm or threaten the alleged victim. Therefore, if a defense team can prove the defendant’s actions were accidental and not intentional, this can weaken the prosecution’s case. For instance, if the alleged assault occurred during a chaotic situation where the defendant was merely trying to protect themselves or escape, their lack of intent could be a strong defense.
Challenging the evidence
It’s not uncommon for defendants to be wrongfully accused of assault with unreliable physical evidence and witness testimonies. With the support of a legal team, such cases can be weakened by scrutinizing the prosecution’s evidence for:
Inconsistencies
Procedural errors
Credibility issues
For example, if witness statements contradict each other or the physical evidence doesn’t match the alleged victim’s story, it could weaken the prosecution’s case.
The defense options mentioned above are just a few of the options that may be available, depending on the circumstances of a case. Given the complexity of assault laws and potential penalties, defendants can benefit from seeking the feedback of a skilled defense team that can tailor a defense strategy to their specific situation.]]>On Behalf of Mason, Mason, and Smith Attorneys at Law<![CDATA[What’s the process for reinstating a suspended driver’s license?]]>https://www.masonmasonlaw.com/?p=723802024-11-06T18:10:36Z2024-07-17T18:32:18ZReinstating a suspended driver's license in North Carolina involves several steps, depending on the reason for the suspension. Generally, the process begins with fulfilling the conditions that led to the suspension.
Steps to reinstate a North Carolina driver’s license
If your license was suspended due to accumulated points, you might need to complete a driver improvement clinic. This course can reduce points on your record and demonstrate your commitment to safer driving practices.
For a DUI-related suspension, you must serve the suspension period and complete any court-ordered requirements, such as having an ignition interlock device installed on your vehicle to check your blood alcohol concentration before you drive. Additionally, you might need to obtain an alcohol and drug assessment and follow any recommended treatment plans.
Resolving unpaid tickets or appearing in court to address outstanding violations is crucial for reinstating a license suspended for these reasons. If the suspension was due to non-payment of child support, you will need to bring your payments up to date and provide proof to the DMV. In some cases, a court order confirming compliance may be required.
Once all requirements are met, you can apply for reinstatement of your driver's license through the North Carolina DMV. This may involve visiting a DMV office in person, submitting required documentation and paying any applicable fees.
Having a legal representative to assist with the process of getting your driver’s license reinstated can help. They can walk you through each step and provide information to help rectify the issues that led to a suspended license.]]>
Super Lawyers – Criminal Defense
Rising Stars – Criminal Defense
Super Lawyers – Family Law