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Justin Timberlake DWI, Trump, Hunter Biden, and Young Thug Making Headlines and Judica County Radio is On It

Outlaw Lawyer / Josh Whitaker & Joe Hamer
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June 22, 2024 2:00 pm

Justin Timberlake DWI, Trump, Hunter Biden, and Young Thug Making Headlines and Judica County Radio is On It

Outlaw Lawyer / Josh Whitaker & Joe Hamer

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June 22, 2024 2:00 pm

On this edition of Judica County Radio we have familiar names making the wrong kind of headlines. Singer Justin Timberlake DWI in New York, Donald Trump and Hunter Biden creating a few legal headlines, and Young Thug facing legal issues will all make the show this week. Plus Q&A featuring real estate and injury due to accident cases.

If you have a legal situation and have questions call Whitaker & Hamer 800-659-1186 or click here to visit our website.

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Coming up on this edition of Judica County Radio, oh yeah, famous people with legal problems. We've got a lot of people in the headlines.

We'll have some fun with that. That's coming up next on Judica County Radio. Whitaker and Hamer presents Judica County with Joshua Whitaker and Joseph Hamer. Welcome in to Judica County Radio. Your hosts are Josh Whitaker and Joe Hamer, managing partners and practicing attorneys here in North Carolina, managing partners Whitaker and Hamer Law Firm. Also joining us from the Morehead City office, Cassandra Nicholas. And again, it's always about legalese.

Office is located for Whitaker and Hamer in Raleigh, Garner, Clayton, Goldsboro, Fuquay, Verina, Gastonia, and as I mentioned, Morehead City. I'm Morgan Patrick, consumer advocate. Each and every week we talk the legal and we also give you an opportunity. We have five consults available and they are complimentary. If you've got anything going on, you need some questions answered on the legal side. You can grab one of those consults.

We'll tell you about those as we move through the program. But I teased it. Famous people in the headlines. They've got some legal problems.

Josh, take it away. You know, uh, you know, Morgan, me and Joseph and Cassandra, we sit around and we talk about different things during the week and we were talking earlier today. And, uh, there are, there are four or five famous people with criminal matters that were in the news today and over like the last week. And I figured today might be a good day to talk about that in, in, in general, just as a jumping off point to talk about, uh, you know, criminal law and how it's applied and things like that. And, uh, so I thought, I thought that would be fun. I thought that would be fun for the people if we talked about that. Well, I like it. I mean, again, we, we, we kind of see, um, uh, these larger than life, uh, personalities out there. Guess what?

They're kind of like us. They can get into some legal situations and you guys, uh, have some, uh, got some fodder for us. So which, which case are we starting with first? I think the, the lightest, the lightest one, if, if there can be a lightest one, the least serious of the four or five I have in mind is the, uh, is the Justin, well, the Justin Timberlake one that just came up.

Right. So look, man, look, I don't want to diminish the severity of Justin Timberlake's crimes. And, uh, and I understand what you're getting at.

Like the least, I don't want, let's not say the lightest, right? Because driving under the influence is no laughing matter, man. I can't believe you just laughed at it.

And you're still, come on. But, uh, I think in terms of like, let's just break it down by national media attention. How about that?

That's how we clap. Oh, that seems like the least, the least nationally irrelevant in terms of media attention, just to be sensitive to the crime, you know? And Cassandra knows more about that one than I do. I know nothing about it, sir.

I didn't even know what happened until she told me. Well, it's really recent. Uh, our listeners, this we're recording in the past, we're time travelers like that. Um, but in our time frame, it just happened last night. Um, he's on tour right now, which I didn't know was a thing, but Justin Timberlake is on tour. Um, so he was in New York driving under the influence allegedly, uh, and was pulled over last night, was arrested, went to jail, uh, just like normal folks. And he had his initial appearance today. So I'm not sure, um, what's going on with that, but I know he has additional tour dates across the country coming up.

So he might have to rearrange his schedule to show up in New York again. Yeah, I was surprised. You know, he was in Raleigh a week ago, two weeks ago. I know it was recent. It was very recent. Yeah, I did not go to the show. I was only aware of it because, uh, you were the spirit. I was only aware.

We all know you want to get your sexy back. We all know that Josh was a big, he was a big instinct guy. And when Timberlake split off, he was like, I can't, he doesn't have the other bar. He doesn't have the other boys with him.

I don't know that I can support him. They do. Uh, they released a mugshot or anything like that on him. So we know I'm looking at the headlines right now. It says, first of all, it says that he was arrested in SAG Harbor.

Pretty sick name for a place. This is the New York Post headline. Justin Timberlake was wasted in drinking other people's drinks. I don't know about you, man. I've had some nights of moderate intoxication, but like, no, but you're, you're not, you know, Joseph, you do very well for yourself, but you're not Justin Timberlake. No, I'm not, man. And if I was sure I can't sing like him, I don't look like him.

If I was Justin Timberlake rich, I would never drive, you know, like, or take other people's drinks by your own. Yeah. I mean, yeah. If you're, if your mouth grows like, yeah, that's my thing.

The grits, the germs for me, man. Like I don't, there's no level of intoxication I can get to where I still, I want to drink a stranger's drink. But when you're drinking other people's drink wasted, like I think, I think you, you may have gone too far, man. And that's, that's like you say, why would you ever drive?

And I don't disagree with you, but like when you're that Hamered, you're not really making the best decisions. You know, did he blow, did he blow on the breathalyzer? What do they have any of that information in there? Let's see. It might be too recent, man. We don't have all the nitty gritty details. So Joe's concerned though about safety. I haven't seen anything and there, there wasn't any, no accidents, no other drivers involved.

So that's good at least to the severity of the issue. He's 43, man. I didn't realize that.

That makes me feel old. And it sounds like he was failing to maintain his lane of travel in the Long Island village of Sag Harbor. And he was arrested after refusing three times to take a chemical test, even though cops say he appeared to be drunk and had bloodshot glassy eyes.

So allegedly, you know, allegedly. Well, the, you know, yeah, it's 43, huh? 43 years old, man. 43 years young. I'm glad I'm not in an industry where I have to, uh, try really hard to appear youthful. Right. You know, as an attorney, uh, you don't really have to try to try to try to, you know, I don't dye the hair.

I don't like stay in shape. I'm doing air quotes here. I think the older, the older fatter you are as an attorney, the better it works out better.

It works in your favor. Yeah. That really old, that really old gray haired fat guy probably knows what he's talking about. Yeah. Yeah. That's the guy. That's the one you want. That is the guy you want, man. That's experience.

That's years of experience. You walk, you walk into an attorney, it looks like Justin Timberlake. You might be a little off, might be off putting, you know, like who's this?

I haven't been, I haven't been, I haven't been brushing up on the law, but I have been eating at Hardee's a lot. And, uh, so I'm getting the look down. We will get to this in the next segment. Uh, but young thugs attorney runs marathons, just, just FYI. Yeah.

Yeah. Career goals. Career goals, Josh.

Career goals. I can't remember. I was, I was at the bar and I can't remember who it was, but somebody was there and they, they left really early. I mean, like we were there early, so we were there in the afternoon and they left at like five and they were about to go turn in and I'm off. We're going to bed early, but I was like, Hey, you know, what's you doing?

All right. You know, like, but, but you had to try off a triathlon the next day. I was like, Oh, I'd have to sleep for like two weeks to get ready for a trial. And that would be how I prepare. Yeah.

Yeah. Before and after you're not, I love you, man. I think you're very athletically fit. I'm impressed with your fitness level.

But you want to try it. You're never, you're not doing a triathlon ever again in your life. Did you ever do one prior to this? Did you do a five K? I think I have done a five K. I think I did one by accident one time. Yeah. I think I probably had like a girlfriend who cornered me and then going on a one or something.

And then it was immediately over between the two. Did you ever try the Krispy Kreme run? Did you ever do that? No, I had a lot of people suggest I should do the Krispy Kreme run. You look like you're fat enough to eat a lot of donuts and just athletic enough to run a couple of miles.

I've been front loading my training on the Krispy Kreme portion and the back part is going to be learning how to run. I had a friend come into town. I hadn't seen him in a long, this is a couple of years back when he came into town and I hadn't talked to him in a while. And that's what he led with. Like that was about to happen the next day. And he was like, you look like a guy who could do that. I was like, that's clearly, that's clearly some sort of insult. Wait, is the neon on?

Are they hot and fresh? Okay, I'll go there. Oh God, man. Now you're talking.

We should do a Krispy Kreme episode, man. So we got more people to talk about. We're going to talk about who is the guy Cassandra? Young thug.

Young thug. We've talked about him before. He's 30. He's actually 32 years old, man. He's not that young.

What did we talk about before? But he is a thug. I don't know what you're saying about people in their 30s. Not that young. I mean, it's not that young. It's young. It's young. It's not that young. Medium-aged thug.

Yeah, he's going to be middle-aged thug before too long. And then we're going to talk about, I wanted to take a minute to talk about the criminal Trump trial that finished up a couple of weeks ago in New York, but I wanted to talk about it in context with the Hunter Biden federal case that finished up last week. I think there's a lot of parallels there that maybe don't get talked about, and we try to be very apolitical here, but we do like to talk about the law, and we do like to talk about the law as it pertains to national news stories. So I think it's worth talking about, but we'll do that after we talk about young thug. All right.

Sounds good. Judith County Radio going to continue on the other side. I want to remind you, Josh Whitaker and Joe Hamer are the managing partners at Whitaker and Hamer Law Firm. And again, practicing attorneys here in North Carolina, they're also being joined by one of their fellow attorneys, Cassandra Nicholas, on the program today.

We will not be crying you a river when we come back from the break. We'll be talking more about young thug or semi-young thug and the legal issues. And again, just having a conversation about people that are in the spotlight that are having some legal issues.

So stay tuned. You're listening to Judith County Radio. We are back on Judith County Radio. Your hosts are Josh Whitaker and Joe Hamer, managing partners. Again, practicing attorneys here in North Carolina, but managing partners, Whitaker and Hamer Law Firm. And also joining us on the program from the Moorhead City office, Cassandra Nicholas, fellow attorney at Whitaker and Hamer. But those offices are conveniently located for you.

Raleigh, Garner, Clayton, Goldsboro, Fuquay, Varina, Gastonia, and as we mentioned, Moorhead City. What we do on the program is we talk legalese, but we also give you an opportunity for a consult. Josh, real quickly, kind of walk us through if they are able to get one of these consult, what that's going to include. Yeah, we've been doing this for several weeks now, but we're offering up some free consultations, meaning you'll get some free time from one of our attorneys to discuss whatever you have going on. We do a lot of estate planning for folks who call in, you know, estate administration, probate, family law. You know, the firm handles quite a lot of different areas of law because we have a few attorneys here at the firm. And so that's what we do. We kind of talk to you for free and figure out what's going on and kind of give you some idea of what representation would what you need to do, what representation would cost you. So this isn't like a hard sell tactic.

We're not trying to sell you on anything. We just really we enjoy it. You know, I've talked to a lot of listeners with a lot of different legal problems. We've been able to help some.

Some aren't in a position yet maybe to get get some of that stuff cleared up. But we do want to be a resource for you. We want the law firm to be able to help folks who listen to the show and call in. And so, Morgan, that's kind of what we're trying to do. Just give you an opportunity. You'll call in, leave a message. It's not a line that's answered the line that Morgan's going to give you.

So you have to leave a message with some details and some contact information. And then one of our paralegals will reach back out to you and see if it's something we can we can help you with. But I've enjoyed it so far. All right. That's that's great. I mean, again, these are consults. They're complimentary and you can grab one.

We've got five of them this week. So call this number. Eight hundred six five nine one one eight six. That's eight hundred six five nine eleven eighty six. Leave your contact information briefly what the call is about. And again, that's a complimentary consult. One of the paralegals will reach back out to you.

Eight hundred six five nine one one eight six. So famous people, legal issues. We've had quite a few in recent weeks. And I think we're going young thug. So I saw the clips. I saw the clips on this one, but I don't know the whole story.

Cassandra, I got a feeling you're better informed than me. So we have talked a little bit about the charges of trial previously, but young thug himself. This has been going on for a while. He's got some RICO charges regarding like gang really alleged drunk gang related activity. But then there are some lesser like possession of marijuana, codeine, cocaine, firearms, a machine gun. So there are several things going on with the charges against young thug himself. And then there's kind of a little side circus going on regarding his attorney, which, you know, generally as an attorney myself, I never want to become the story, but that seems to be what's happening here. So Young Thug's attorney has been held in contempt by the judge. So he's the judge has said that he's committed some type of misconduct and the judge has said that he needs to spend 20 days in jail, 10 weekends. So the attorney himself, he asked the court to be able to spend those 20 days in jail with his client.

He wants to actually be in jail with young thug. But at the same time, he did also appeal the contempt. So it's it's on appeal right now.

He has not yet served any of the time of this contempt sentence. That's one part. You talk about why did you cover why he was in contempt?

Cassandra, I thought it was relatively interesting. So so there was a there was this off the record. There was like this conversation between the judge and and some other folks that the prosecutor and the witness. Yeah, exactly. Which is frowned upon ex parte.

Yeah, exactly. And and the contempt was related to the the attorney found out about it and he wouldn't reveal how he found out about it. He wouldn't tell the judge how he found out about it. That's why he held him in contempt.

Yeah. If you watch if you watch the clip that made the rounds on social media there, the judge, you know, this is state court that we're talking about. So video cameras are usually allowed in most state courts.

And so there's video of it. And the judge is is seems to be angry about it, right? The judge, if you watch it, the judge isn't giving the attorney. I don't know who's right or wrong in this situation.

I haven't followed it enough. But it sounds like the attorneys coming to the court with some concern, like, hey, there's been we call those ex parte communications. I think he was I think it was witness tampering was the allegation, like someone's been intimidating a witness. And the judge, I think the judge should have been more concerned about what he heard as it affects the trial. Right. And not so much concerned about where it came from.

So that was the that was the weird thing for me. Why is the judge so concerned about where it came from when he should be more concerned about did this happen or not? You know, and the judge was very fiery and and got to contempt very quickly. Contempt, you know, judges, that's a tool judges can use that pretty much any way they won't subject to review by a higher court. But I did see that. But if you haven't seen that clip, that's something worth looking up.

That's kind of it's kind of nutty. That particular witness was held in contempt, too, for refusing to testify after whatever that ex parte communication was happened. And Young Thug's lawyer also accused the judge of misconduct, moved for a mistrial and moved for the judge to recuse himself, both of which were denied.

Yeah. So that was a. Yeah, that's I saw that attorney because that attorney was very adamant about, like, you know, if I have to go to jail, I have to go to jail, but he couldn't, you know, but but but that that trial seemed like it was getting a little bit off track. You know, like, I can't imagine that goes much further, like that judge probably needs to recuse himself. And I imagine Young Thug disagrees. Yeah, vehemently.

He vehemently disagrees. But I imagine he's going to have his his actions reviewed. You know, there's a judicial every state has like a judicial panel that reviews things like that. But I thought that I thought that was definitely odd. But that's it. That's a Justin Timberlake's got some some criminal problems he may get in and out of. I think the things Young Thug, when you get RICO charges involved, those are way more. There's more on the line. Right.

As far as jail time and punishment, those are more serious charges. And then I thought we would and I thought we would spend some time talking about, you know, Donald Trump and Hunter Biden. And I know it's a national news story and plenty of national folks have covered it ad nauseam. And I don't want to rehash anything. We're just we're just three attorneys here in North Carolina just sitting down and kind of looking at it. But I do think it's I do think they have some parallels.

And I'll just throw this out there, guys. I don't know if you have any thoughts on it. I feel like both the Trump charges and by way of review. Right.

He was found guilty of 34 felonies that have to do with New York State business records law. Right. And we've talked about that on the show before.

And then Hunter Biden was was found guilty of lying about his drug drug intake on a form to buy a gun. Right. But but but what I want to kind of throw out there and what I want people to know when they talk to me about it is, at least in my opinion, these are things that aren't usually prosecuted.

Does that make sense? Like these are things that are very rare. I think it's very fair. These are not things that would traditionally warrant prosecution, but for the the political profile of the individuals involved. Now, whether that's right or wrong, we're not saying it right. You're just you're just making a statement.

I'm just I'm just saying I get a point. These are two high profile cases. One's obviously Republican. Right. The what we think is going to be our candidate for the Republican candidate president. And then we've got one who's obviously the president's son to two people who have some fame associated with their name. But but but the point being on separate sides of the aisle. Right.

One Republican, one Democrat. And you've got two things like I've never I've never personally I haven't done a lot of research on this, but just in my day to day life, you know, I've not seen a lot of people prosecuted for for for filling out a application to buy a gun incorrectly. I've never even heard of that. Maybe that happens more often than I think.

I've never heard of that. And maybe we should get into four listeners. I know that a lot of our listeners are very, you know, savvy, aware. But we can get into kind of how things get charged in the first place. But, you know, these laws exist and breaking them is a crime. But whether or not something is charged is up to the prosecutors at at every level for federal crimes and state crimes, local crimes. There's a decision to be made about whether to prosecute them, whether there's enough proof to bring it to a judge, to a trial that would warrant a conviction. And there are priorities and in charging decisions. Yeah, I think that's a good point.

You know, it's not automatic. You know, four or five people can commit the same crime and quote, I'm doing air quotes, crime. And and and depending on what jurisdiction you live in, who your prosecutor is. And some state prosecutors in North Carolina are usually, you know, elected right here. And I live in Wake County. So in Wake County, you you you you vote in the top the top prosecutor in the county. And they make a lot of decisions. You know, is this something we're going to charge? This is something we have enough evidence for on the federal level. Federal prosecutors are.

Appointed. Right. Is that right?

So, yeah, I haven't I've never really thought about that. The but but it's it's up to them. Right. So a federal prosecutor decided this Biden case and this Biden case has a history. There was a there was a settlement kind of worked out that didn't that fell through, you know, a plea deal that fell through. And maybe the prosecutors were stuck having to move forward when they didn't want to or maybe they really wanted to. But but but. Yeah.

So but they decided to do it right. So they decided to charge. And then if I'm right, Hunter Biden's charges.

He lied about being on drugs when he made his application to buy a gun. Right. That's that's what he was convicted on. Yeah. Yeah.

I do think that's an interesting type of technical law. Yeah. And I think there's an argument it'll be appealed. Right. It'll go to the court of appeals. It'll it'll go through appellate review because a lot of people say that violent that question in and of itself violates the Second Amendment. Right.

So probably maybe these don't these charges don't even hold water, even though he got convicted on the lower level. But I know I know we're up against a break, Morgan. So we'll pause it there. We'll come back to it to end the show. I know we got some Q&A scheduled to come up next.

Yeah, that is coming up next. Josh, we want to remind everybody to in the middle of all this. We are offering up five complimentary consults with Whitaker and Hamer. And all you have to do is call the number eight hundred six five nine one one eight six.

That's eight hundred six five nine eleven eighty six. Leave your contact information briefly what the call is about. And again, five consults available.

They are complimentary. And one of the paralegals will return that phone call and, of course, set up that consultation for you. Now, we've already talked about, again, Justin Timberlake, Young Thug and a little Trump and a little Hunter Biden. We are going to take a short break and we have some question and answer on the legal side. And then we'll return and we'll sum everything up right here on Judica County radio. Welcome back into Judica County radio.

Your host, Josh Whitaker and Joe Hamer. They're attorneys. They're the managing partners at Whitaker and Hamer law firm. And again, practicing attorneys here in North Carolina.

Offices located conveniently for you in Raleigh, Garner, Clayton, Goldsboro, Fuquay, Verina, Gastonia and in Morehead City. I'm Morgan Patrick, consumer advocate each and every week. The attorneys go back and forth on legal topics that we are hitting question and answer on real estate today. If you've got a legal situation you're facing, you can always call Whitaker and Hamer, 800-659-1186. Leave your contact information briefly what the call's about. An attorney will be in touch with you, 800-659-1186. Or email your question to the show. We'll answer it on a future broadcast. It's info at judicacounty.com.

That's info at judicacounty.com. Again, Q&A, real estate, the focus. Josh?

Yeah, yeah. We had some, we had a real estate question before the break, but we're going to move into something else. We might come back to real estate, but this next one, this guy, this guy asking this question, I'm trying to boil it down because it's like a paragraph. But basically this guy was in a car accident, right? He was in a car accident. The parties couldn't settle. He was not at fault.

He was injured significantly or severely. And they ended up going to trial, right? Because that's what happens.

You're in an accident. Sometimes you try to meet, you know, there's a mediation and there's a whole process to try to settle a personal injury claim. A lot of times they won't settle until you have to prepare for and go to trial. So this one went to trial. I got one, a judgment. It doesn't have an amount here. I'm going to say it was a million bucks.

And he's basically asking now what? So he won the trial. The insurance company was on the hook for a small amount.

Let's say really small, let's say $30,000. So he gets a judgment against the driver that hit him for a million dollars. That driver has insurance, but not enough to cover it. So that insurance company just turns over what they owe.

And his question is now what? And so basically this could be any situation where you have a judgment against somebody. It's nice when there's insurance there to cover it. A lot of times that's what personal injury attorneys are looking for. They're looking for insurance coverage. So sometimes you sue people and they're what we call judgment proof, meaning you can get a $50 million judgment against a defendant, but that defendant may be judgment proof.

What does that mean, Joe? What does it mean when somebody is judgment proof? So yeah, basically if you're judgment proof, it just means that there's nothing for, you own nothing that a judgment could attach to, right? So you don't have real property that a lien could be placed on.

You don't have, there's just no way for you to realize any value from this judgment. So you could have an infinite, a $10 billion judgment against somebody, but it's only as good and as valuable as the person that the judgment is against. Yeah, this, you know, when we have folks who move, you know, me and Joe, it's a good time to remind you that we're only licensed to practice in North Carolina. So we're always talking about North Carolina law. But when people move here from other states like Florida and Texas and New York, they ask me questions at closing about what do they need, what do they need to do to set this up as a homestead? They ask about homestead exceptions. And in some states you can exempt your residence from a judgment. That's what a homestead exception here.

In North Carolina, you don't really have a homestead exception. You have statutes that reserve a certain amount of equity in your home, a certain amount of equity in a vehicle, certain personal effects. So the statutes automatically protect some of your more basic property from the execution of a judgment protected in a bankruptcy, that kind of thing. And so when we go out to serve our million dollar judgment on this defendant, he's got to have something in, he's got to own something in excess of what's protected by statute. And a lot of people don't own anything in excess of what's protected by statute. If you have an extra, if you have a super fancy car, a lot of that equity in that car if you have any is not going to be protected.

If you have a big house, only a certain amount of equity is protected. And so this lien, this judgment lien can attach to everything you own that's not protected by the North Carolina exemption statute. So that's what judgment proof means. Like I can try to collect on this judgment and the sheriff will go out there, not be able to find anything to sell.

You can use a judgment to foreclose on real property, but there has to be real property that's not exempt for you to be able to do that. And so there's a lot of protections against a debtor to a certain extent. And so a lot of times personal injury attorneys will look at that.

They'll say, okay, this is all the insurance that's available, but we know these folks own this or they own that. But that's what's next. And then the other thing that could be next is it could be appealed. If you go to a superior court in Wake County and you lose, you might have an appealable issue and you can go to the North Carolina Court of Appeals if you have an appealable issue. So that's the other thing that could happen.

You either have to go ahead and start collecting this judgment or in a certain amount of time, the defendant can appeal it to the Court of Appeals. I think that answers this guy's question, what happens now? Yeah, you're welcome, guy. That's a good answer, man. Well, I lost my light on my next question.

But you were in the zone on that one, man. If you never answered another question, that's a slam dunk. I feel like we've done that one before. It's a walk-off question.

Yeah, it's a walk-off. We should do that more, man, get better and better at answering the same question every week, man. All right, I'm about to my next question here.

All right, well, I'll do this. You're listening to Judica County Radio. Your hosts are Josh Whitaker and Joe Hamer. They're managing partners at Whitaker and Hamer. And again, office is conveniently located for you.

Raleigh, Garner, Clayton, Goldsboro, Fuquay-Varina, Gastonia, and Moorhead City. And their motto, your law firm for life, Whitaker and Hamer. If you've got a legal situation that you're facing, look, we get it.

It can be frustrating. You can get answers to your questions by calling Whitaker and Hamer, 800-659-1186. That's 800-659-1186. Contact info briefly what the call's about, and an attorney with Whitaker and Hamer will be in touch. We are in the middle of question and answer, doing some real estate, doing a car accident question there.

What's up next, Josh? The next question I have, I'm going to bounce back to real estate because the next question is a private road question. And we just talked about an easement. Usually easements, another word for those in the vernacular is a private road, right? An access easement.

And so here we've got someone who has access. That's not the issue. So they've gotten over that issue. They have access to a main road versus a private road. But their question is maintenance. And so they're basically asking, hey, we purchased a home, several homes in the cul-de-sac share a private road.

There is no maintenance agreement. How do we go about maintaining the private road? And so that actually comes up quite a bit. Joe, you probably see that a lot. Yeah, I see it a good amount, man.

A good amount. And it's one of those things and, you know, kind of to piggyback on that private road maintenance agreement issue, you've also got a lot of people don't understand that when a new subdivision is developed around these parts, the roads aren't automatically made public, right? Like you're going to the plat of the subdivision is going to be the dedication of those roads to become public.

But for them to be accepted, there's various things that have to happen. And there are standards that must be met for the NCDOT or whatever municipality is going to be maintaining these roads to accept them. So there's also going to be a component in those situations where a road is going to ultimately be public.

But it's the same concept. You need an agreement in place dictating how the maintenance of that road is going to take place. So you're going to set forth who's responsible for it, whether it's an individual, whether it's a developer, whether it's a group of people.

And the more firmly and the more, you know, the more well spelled out you can talk about the obligations of each person and what they're going to do and what they're going to owe and what the maintenance obligation is going to be, the better. Yeah, a lot of these, when I think about private maintenance, private road, in my mind, I'm thinking about a country road that comes off like, you know, a highway, like off Highway 401 and not a not a planned subdivision, kind of like family land. It's been sold over the years. And so it wasn't created with a purpose of other people coming in. And so you end up with a situation where you might have access, which is what a closing attorney is concerned about. They want to make sure you have access if you go buy this property.

But the closing attorney is not very concerned about maintenance. But when that comes up, you know, everybody does have an obligation for maintenance. But how are you going to enforce it?

How are you going to get everybody to chip in? And this is a big problem. You know, we have some clients up in the mountains and this is always a big problem in the mountains because a lot of those mountain roads see some pretty bad weather and they have to be some of those mountain roads are scary. Because gravel mountain roads.

Yeah, man, they're scary, dude. They're scared to drive on. There's bears and they have to be maintained and they have to be maintained that that can be kind of costly. And so most most homeowners get together and figure it out. There's always one homeowner who doesn't want to doesn't want to or isn't able to contribute. And you kind of have to figure that out.

But but hopefully there's a recorded maintenance agreement, you know, and that's something you can ask about if you're buying a home on a private road, your closing attorney is going to make sure you have good access. That's something you should ask about. Watch out for bears. Watch out for bears.

Watch out for bears, man, you know. But but maintenance is sometimes a good question to ask, because that's yeah, that's that's that's that's a question that can kind of dangle. Yeah. Yeah. You don't want to have those questions dangling.

All right. Judica County Radio, Josh Whitaker, Joe Hamer, they're your hosts. They're also the managing partners at Whitaker and Hamer law firm. They have offices almost in every corner. They're kind of like Starbucks or McDonald's.

Raleigh, Garner, Clayton, Goldsboro, Fuquay, Verina, Gastonia and Morehead City. Again, Whitaker and Hamer, the motto, your law firm for life. If you've got a legal question you're facing, you need some answers.

You can always call the firm. Eight hundred six five nine one one eight six. Leave your contact info briefly what the call's about. And an attorney with Whitaker and Hamer will be in touch.

Again, the number eight hundred six five nine one one eight six. And you can always e-mail your questions to the radio show. We'll answer them on a future broadcast info at Judica County dot com. When we return, we've got more question and answer with Josh and Joe. Welcome back in to Judica County Radio, your hosts are Josh Whitaker and Joe Hamer, managing partners Whitaker and Hamer law firm. Of course, Whitaker and Hamer, the power behind this program. They have offices located conveniently for you.

Raleigh, Garner, Clayton, Goldsboro, Fuquay, Verina, Gastonia and in Morehead City. I'm Morgan Patrick, consumer advocate. If you've got a legal situation you're facing, you can always call the firm and get some answers to those questions. Eight hundred six five nine one one eight six.

Eight hundred six five nine eleven eighty six. Leave your contact information briefly what the call's about. And an attorney with Whitaker and Hamer will be in touch and you can e-mail your questions to the show. We'll answer them on a future broadcast info at Judica County dot com.

Josh, take it away. You know, when we do this, when we sit around and answer these questions, we hope it's useful. I think the hope is it's entertaining and useful, but at least at the very least useful. And we take these questions as they come.

And some of them are more interesting than others. But anyway, with that said, here's the first question I got out of our pile here is how do you get your court case continued? All right. That's the question. How do you get your court case continued? And they're not telling us what kind of case it is. So we're going to have to go through a couple of cases here.

But how do you get your court case continued? You walk in. Front kick to the door. Bam. Smack it open.

Storm in. No, it's a you know, you're you go and you ask for a continuous man. That's really it. And like you said there, the court is going to have leniency in some situations and they're going to be less lenient in others. And they're going to look at a variety of factors. And, you know, if this is your if this is the first time you've come to court, it's a minor infraction or offensive, assuming this is some kind of a criminal matter. You're likely to to get a continuance fairly easily. Right. Yeah. I think in traffic, I think in traffic court, you know, small claims court, maybe some district court, you know, it's it's it's easier to get a continuance.

And like you said, at least once, at least when maybe several times. Right. Like there's traffic tickets that you may be able to get several continuances on.

Now, you might have to be you might have to give a reason, you know, and an attorney would you know, if you're if you've got an attorney and you're going to let the attorney know ahead of time, the attorney can probably do more than you can walking in the day. But there's the court understands and there's some things built in. Now, it's hard to do without actually being there. Yeah. Right.

So you've already made the trip down and. But that being said, but once you move up to like Superior Court, Court of Appeals, continuances are doled out easily. No, you're going to you're going to need a fairly compelling reason, especially after that initial continuance, if you get that.

Yeah. So, you know, when you're when they're setting stuff, Superior Court is very regimented. Things get set for mediation. They get set for trial.

And, you know, the courts just aren't going to move that because that inconveniences, you know, once you get to the Superior Court level, you've got witnesses, you've got jurors, you've got, you know, attorneys, you've got parties and usually a lot's riding on it and it's not as as easy to move. And so you should always be ready to deal with a case when it's scheduled, because it's you know, things happen. People go, you know, have to go to the hospital. You have health. You have you have things.

But, you know, the dog eating your homework kind of stuff is not going to go over very well. Yeah. Yeah. Yeah.

Yeah, that's true. And has it ever worked for anything in the history of things? I think I knew somebody.

I think I knew somebody whose dog actually did chew up their homework. Yeah. I don't know if it worked. Even if they did. Like, did it work? I mean, that's I feel like that's the most tragic thing that can happen to you.

Like if that genuinely happens to you and you have to give that as a legitimate reason, you're gonna have a tough time. Yeah, I don't know. I don't know. Anyways.

All right. So that question was easy enough. Good question. But I remember, you know, I've I've seen people in traffic court, you know, which is designed, you know, for folks without it or that attorneys and you get to talk to the judge, get to talk to the ADA. But I've seen people, you know, yeah, like on their eighth continuance, you know, or whatever.

And sometimes you're waiting for something else to happen. But that's that's definitely not the rule. That's the that's the exception, I would think. Yeah. Anything over those very like the super lowly infractions in traffic court. And yeah, you're going to need a fairly compelling reason, most likely.

All right. Next question I got here is, can you sue a veterinarian for malpractice? That's the next question I got. Yeah, brother, you can you can sue a veterinary for anything, anyone for anything. I mean, you may not win, but that didn't stop you from suing them, man. So you can you can sue a veterinarian or a lot of different people for for negligence. Right. That's not performing their duties up to the normal standard of care. And so if they do something wrong, you know, I've seen where some veterinarians have you sign some waivers. Right.

Where, you know, kind of like a kind of like a doctor, you go in for surgery, you're going to sign a waiver where there's risk attendant with any creature surgery, just like there are for any human surgery. Yeah. And, you know, the the law looks at dogs and cats. I mean, their personal property. Right. They're the same as a car. Are they the same as the car? Yeah, I guess they would be the same as any personal property. So it's it's not a it's not a human. So it's not like a medical malpractice, but it's you know, they screw up your dog.

Now, what's the value of a dog? Mm hmm. I feel like we've talked about that before, too. Yeah, we talked.

Yes. Have we? Are you doing the radio show? Did we get into the conversation about if another person's dog bites you like they're like it's. Yeah, we talked about dog bites for sure. We talked. Yeah, we talked about dog bites in the statue.

Speaking of which, man, as an aside. Yeah. There's apparently a wild, wild pack of dogs terrorizing Barbour Mill Road area of Clayton. It's always crazy to hear that.

No, I haven't heard that. I heard that they're attacking. They're killing like other people's pets and stuff.

They're at large to this day. Now, are we are we sure they're dogs or could they be coyotes? Oh, it's a ragtag group of dogs.

Like whoever seen him has described them. It's like six dogs. And they're all different breeds. And they're like, it's not like just all of one aggressive dog. It's like six random dogs that have just formed a gang. And they're terrorizing the community. It seems like that would be an easy enough thing to stop after the first.

You would think so. Tell it to these dogs that are still at large, though. So they might have been hurt, I guess, or they just I think they're getting animals to this point.

But you don't want to get rolled up on by the the gang, the sixth street posse of dogs. You know, that's kind of crazy. That's like that should be like a anti Disney movie. Right. These dogs.

Yeah. It's like what was the what was the movie where the dog and the cat and they're all friends and the incredible journey or something? Homeward bound. Is that what it is? Well, there's two homeward bounds.

And you've got I could actually tell you a lot about these movies. They run away from home. They actually know they don't run away from home.

They get taken like that anyways. They form a group. They don't form. They are in a group. They're a part of a family from the jump.

Josh. And so they they. OK, well, I was thinking about that, that movie, except they're not good. They're not good dogs. So it's the opposite of homeward bound. They run into some rough characters and homeward bound.

The dogs do. You never seen Homeward Bound, man. I think I had to read the book. I'm pretty sure you've got I know the dog. I know the animals names, but the actors, I think you got Michael J.

Fox. That's just the first one at the both of them. There's two. And maybe there's more.

I know of two. You got Michael J. Fox and you got I'm pretty sure you have Sally Field as the cat Sassy. The flying nut. I don't know who plays Shadow. Shadow is the old, wise golden retriever. Does he die? I think he's almost I think he's going to die. And then I think he just doesn't.

Anyways, I want to look at who that actor. They usually kill. That's very important. They usually kill off an animal in one of those movies. Yeah. They pretend like they're going to. And then they. Yeah, Disney is usually the mother. The mother usually passes away in some form or fashion. Homeward Bound.

The Incredible Journey is the I didn't know that had a subtitle, but it does. Let's see. Judica County radio. Josh Whitaker, Joe Hamer, managing partners at the firm Whitaker and Hamer. The power behind this program, you law firm for life offices conveniently located for you in Raleigh, Garner, Clayton, Goldsboro, Fuquay, Farina, Gastonia and in Morehead City. Couple of ways you can get in touch with the firm if you've got any legal questions. You can certainly email the show info at Judica County dot com. We'll answer the question on the future broadcast info at Judica County dot com. If you need something a little bit quicker, you can always call the firm. Eight hundred six five nine one one eight six.

That's eight hundred six five nine eleven eighty six. Leave your contact information briefly what the call is about and an attorney with Whitaker and Hamer will be in touch. We've got more questions and of course, some antics between Josh and Joe. That's all coming up in our final segment of Judica County radio.

We're back right after this. Welcome back into Judica County radio. Your host, Josh Whitaker and Joe Hamer, managing partners, Whitaker and Hamer law firm, practicing attorneys here in North Carolina. Also joining us on the program this week. Cassandra Nicholas, an attorney with Whitaker and Hamer out of the Morehead City office. And speaking of locations, they are also located right here in Raleigh, Garner, Clayton, Goldsboro, Fuquay, Farina and in Gastonia.

And as for mentioned, the Morehead City office. I'm Morgan Patrick, consumer advocate. We've had some fun.

I mean, talking about some of the legal issues that are facing some pretty well-known people. And again, fun but serious. And we also had some Q and A on the legal side. But we're now going to sum it all up.

So, Josh, I throw it to you and and make your closing arguments on all these. Well, I think Cassandra made a good point earlier on. I think when you I think, you know, I think most normal people only have so many minutes a week to dedicate to taking in news, interpreting news and trying to think about it. And I think as lawyers, I think we would just tell you or just advise you that in the legal stuff, you know, maybe think about how this became a case. I like how Cassandra said that, like think about how this got charged.

You know, we I think a lot of times when you're just on like cruise control, you're eating dinner, you got the news on, you're listening to a podcast. A lot of times we just assume when somebody gets charged with something like if you see Justin Timberlake got charged with a DUI. I think a lot of people maybe just assume, well, if the cops charged you right, you probably did it. Like, I think there's still that assumption out there.

Maybe we're getting away from that as a society. That's just my my opinion. But I think definitely reserving judgment, especially on these ones that get so politicized, like a Hunter Biden who's got a lot of stuff going on and a Donald Trump that's got a lot of stuff going on. Those were still weird cases that you have to wonder, should those have even been brought? You know, and once they go to the jury, it's hard to blame the process once they get started.

You know, it kind of is what it is. But I think both of those I think both those are probably better left alone than than even going this far. But anyway, well, the good thing about the court system is that things go to the court of appeals, like there's other people that are going to look at this this stuff. So there's Court of Appeals, there's the Supreme Court, there's plenty, plenty of other levels. So hopefully it hopefully it all gets sorted out.

That's the hope. I like I was thinking about elected judges and how they also, you know, run for their positions. So they're running on platforms of like tough on certain types of crimes. So tough on drug crimes or something like that. And then that's kind of an agenda when they enter the role of prosecutor that as drug crimes are brought to them, they choose to prosecute more of them. Yeah, I can't remember how the saying goes, but like when you vote for a judge or you vote for a district attorney or our prosecutor, what have you, when you vote, you're always voting. You should vote as if you were going to have to go before that judge. Right.

Or that, you know, that D.A. was going to be looking at stuff relevant to you or your your kids or your family. You want reasonable. Right.

You won't, you know, if it was me. Right. If you were I want to judge to be merciful and reasonable.

If I was going to go before a judge, you know, you don't the tough on crime. Like, you know, there's a case to be made for, you know, you can't just let people come in and out of jail and people there need to be consequences. Right.

But like the end, the people that run on like, you know, there was there was a couple of prosecutors that ran on like getting Trump. Right. Or, you know, there's you know, I don't I don't like that.

That's kind of a bad place to get to because you want your judicial system to be fair, reasonable, even handed. And the further we get away from that, it's not in my control or Joe's control or Cassandra's control, but the further we get away from that, it ain't it ain't it ain't good. Right. Yes.

We won't say a lot of things, but we can say it ain't good. I think that's I think that's our summation. Like you want everybody to have a fair trial. Yeah. Everybody should have representation.

You know, we've done so much to make it fair, but you definitely can't have prosecutors and people headhunting. And we talked about our friend a while ago was who was the golfer who got railroaded in those charges that were all dropped three or four days later. Yes. Scotty Scheffler. Yeah.

Number one golfer in the world. Yeah. He didn't do much this past weekend. I had some I had some money out there and I didn't see.

He deserved to get arrested. But anyway, that's that's all I said. That's all I really that's all I really had on that. But I figured those were worth talking about.

Oh, absolutely. And again, folks, if you've got a legal situation and you've got questions, we have five complimentary consults available with Whittaker and Hamer law firm. All you've got to do to grab one of them, claim one of them is called the number eight hundred six five nine one one eight six.

That's eight hundred six five nine eleven eighty six. You can leave your contact information briefly with the calls about and Whittaker and Hamer will be in touch and they'll book that consult for you again. Office is conveniently located in Raleigh, Garner, Clayton, Goldsboro, Fuquay, Barina, Gastonia and in Morehead City. Another edition of Judica County Radio is in the books for Josh Whittaker, Joe Hamer and Cassandra Nichols.

I'm Morgan Patrick. We will see on the radio next week. Judica County is hosted by attorneys licensed to practice law in North Carolina. Some of the guests appearing on this podcast may be licensed North Carolina attorneys. Discussion on this podcast is meant to be general in nature and in no way should the discussion be interpreted as legal advice. Legal advice can only be rendered once an attorney licensed in the state in which you live has the opportunity to discuss the facts of your case with you. The attorneys appearing on this podcast are speaking in generalities about the law in North Carolina and how these laws affect the average North Carolinian. If you have any questions about the content of the show, you can direct such inquiry to Joshua Whittaker at JMW at MWH Law Lawyer.
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