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Judica County Radio, Listener Questions Plus Inauguration Reaction Pardon Me

Outlaw Lawyer / Josh Whitaker & Joe Hamer
The Truth Network Radio
January 25, 2025 2:00 pm

Judica County Radio, Listener Questions Plus Inauguration Reaction Pardon Me

Outlaw Lawyer / Josh Whitaker & Joe Hamer

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January 25, 2025 2:00 pm

Coming up on this edition of Judica County Radio, Josh Whitaker and Joe Hamer, managing partners Whitaker and Hamer Law Firm and practicing attorneys here in North Carolina, are gonna get into more listener questions. Also a reaction to the inauguration. There's some pardons out there. We'll talk about it in the media coverage. Questions for this week: If your house is foreclosed on what can you do? Shared custody, but you want to move out of state, what can you do? Police pulls you over, what should you do? All that and more coming up.

If you have a legal situation and need answers call

Whitaker and Hamer 800-659-1186 or click here to visit our website.

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Coming up on this edition of Judica County Radio, Josh Whittaker and Joe Hamer, managing partners Whittaker and Hamer Law Firm and practicing attorneys here in North Carolina, are going to get into more listener questions. Also a reaction to the inauguration. There are some pardons out there. We'll talk about it in the media coverage.

But listen to this. If your house is foreclosed on, what can you do? Here's another question. Shared custody, but you want to move out of state. What can you do? And what you should do if your house is closed? And if pulled over by police. It's all coming up today on Judica County Radio.

And in Moorhead City. I'm Morgan Patrick. It's my pleasure each and every week to go back and forth with the attorneys about the law, legalese, and they are the experts. We talk about it each and every week. We're going to get into listener questions today. If your house is foreclosed on, what can you do?

If you have shared custody, but you want to move out of state, what are the next steps? And what you should do if you're pulled over by the police? Those are some of the listener questions we will get to. But as we always do, we open up the show. Guys, how was your week? Morgan, so far so good.

No complaints. It's been a good week here. We're still in January. I always forget how long January is until we get there. But January is like the longest month known to man. So I'm working my way through January.

How about you, Joseph? It's the same number of days as most months, man. You're just saying it feels that way?

It feels way worse? Yeah, I think it's the cold. In my old age, I used to like the winter. And in my old age, I understand why people move to Florida. I understand why people go to the warmer climates.

Because the cold is just terrible. You don't look old at all. I'm looking at you right now. You look like you're 20 years younger than the last time I saw you. I don't know. It looks like he's got frost on his beard. I'm just sad. I don't know, man.

I used to love it. And I'm okay for a little while, but about midway January and then February, and then if you have a cold beginning of the March, it's just too much cold for me. You know what you could do? You could stand to gain another 150 to 175 pounds and insulate you a little more. That's it. I mean, take on the bear mentality, right?

I like neat, neat, neat, neat. And then you go into hibernation and just live off the fat. So get to about 400 and then lose it in the summertime. You as a 400-pound man is something that I think that we need. It'd make you a better attorney, too, man.

I'm thinking of the Stay Puft Marshmallow Man from Ghostbusters. That's what I'm thinking. The more your attorney weighs, the more law, legal knowledge you get, right? Pound for pound.

That's right. So when I get in a consult, man, and I get locked up, I start digging into these fat reserves I've got. Well, he carries a lot of weight in the legal field. It'd be like a wrestling tag team. Me and Joseph just put on a lot of weight and we can just go pound for pound. Morgan's going to come and he's going to introduce us before our consults and do the, Weighing in and out. Weighing in and out.

What would your tag, what would your name be if you guys were pro wrestlers? Oh, that's a great one, man. I don't know. I feel like I've thought about this, too, and I don't remember what I came up with. We might have to get back to this later in the show.

The natural disasters. Yeah, if we're both- Legal assassins. If we're both 400 plus, yeah, I think that- If I go 400 plus, man, I'll give you my word and this is, you know I wouldn't lie about this. I'm doing every consult with a singlet. I'm going to put on a singlet and I'm going to come in and that's what I'm going to do, man.

And people may be confused, but then I'm going to drop so much legal knowledge on them, it'll be fine. Look, man, my knees hurt at 260. If I get to 400 pounds, you guys are going to have to wheel me around. Nah, you're right in that sweet spot there, man. Between 240 to 270, the knees are going to hurt. You either go lower or you go higher. You get up to 280, man, I think you'll feel great. I never knew life could be like this.

They can't hurt worse, really. We see each other while we do this, right? We got the webcams. And I just want your face to take up the whole screen, man. That's what I want.

I just want your face to take the entirety of the screen and then I'll be satisfied. We don't get political on the show. Politics is not... Wrestling, okay. That's fine.

That's okay. And the politics of wrestling, obviously, is cool. Politics is just... But anyway, it is a very political time. I had on my notes here, we saw a lot of pardons, right? And this discussion doesn't matter. If you're a Trump fan, that's fine.

If you're like Biden, that's fine. But we had a lot of pardons this go around. Did you guys see that?

Yep. Parties? Parties and pardons. Yeah, I saw it, man. I read, I pulled out the old... We had a lot of preemptive pardons.

You don't see a lot of those, Biden on his way out. So I put out the Constitution and kind of read the clause again. And you can do that. It's not super common. But I'm interested.

I don't think that got discussed enough. That's one of the things, we talk on the show, I came up, I was educated to be the editor of a newspaper. That's what my training was before I went to law school. And so I like to watch the media and how they cover stuff, right? And I'll just say, watching a little bit of the inauguration coverage, it was very interesting depending on what you were watching, how that was covered. I like a news source to just give me the facts, show me what's going on. Neutral. I don't need context.

I don't care if you like Trump or you don't like Trump. Just tell me what's going on. And then I'll judge whether I think this is a good thing or a bad thing. And I think the media, at least everything I turned to, it was a colossal failure across the board to cover this neutrally. I know that's a sensitive topic, but I do think most people just want their news. Just give me my news, man. Just tell me what happened. Give me my news. And then I'm going to call Josh Whitaker and he's going to tell me what to think about it. But it was so one way or the other across the board.

Usually you can find one that's kind of like playing it down the center. But anyway, I thought that was interesting. And I think that pardon, I think these pardons that we saw are going to be kind of an interesting legal topic coming up. I think they'll be more in the news down the road.

People who got it, people who didn't, how does it work? Because I think folks will be looking at that. So it's not as big of a topic today, but it was weird how it just kind of slid under the radar. I think that's one of the bigger stories of the weekend is preemptive pardons and how that's going to be a thing of the future. Like every president is going to do that.

That's kind of setting a precedent. You're on a path to being president one day. No, sir. I'd just like to ask on behalf of me and Morgan that you take care of us when you get in there. I've been saving up all my crimes in anticipation of you. You've got to wait until I get in office. Yeah, I'm going to wait. You've got to wait until I get in office, then you Crime City USA for four years. I've waited this long, man. So yeah, I can hold out a little bit longer.

Now remember, a president can only pardon for potential federal criminal charges. Yeah, that's the ones I'm going to get. Alright.

Yeah, those are the ones. Can't save you from state charges, can't save you from... Go big or go home. You've got to really... That's my motto.

RICO. A lot of racketeering is what you've got to... Alright, yeah. I'll add that to the list, man.

But we did... So we're doing a listener question show and a lot of these listener question shows we get stuck... Because we get a lot of questions about estate planning, right? So we get a lot of questions about estate planning. And so I purposely took listener questions this show that didn't have anything to do with estate planning.

So this is going to be one of the first shows where we don't really talk about estate planning much at all, right? So we got a question about foreclosure, right? Tough times for some folks. And we get folks who foreclosure has started. So we're going to talk about what that means, what foreclosure means, what foreclosure started means, and what you can do if you find yourself in that situation because you still have a lot of options.

Most of the times you still have a lot of options. So we're going to talk about kind of the foreclosure process and what that means for you. We have a lot of people who call us with child custody questions. And so we have one question we get a lot is parent with primary custody wants to relocate out of state. What does that mean for the other parent? What do you have to do? What are some of the considerations the court looks at?

So we're going to take a look at that. And then I get the traffic question, the traffic stop. What do I do at a traffic stop? How much do I have to talk to an officer?

Can he search? All those kind of questions. So I thought we'd take one of those listener questions and do a good review of how to behave at a traffic stop. I like it.

I like it. And Josh, walk us through real quickly. We do the consults. So tell us about those.

These are complimentary, but tell us how those are going to go. That's right. We always do that on the show. If you're listening to the show and you got a legal concern, we always offer you about 15 minutes, kind of a free consult to talk to me or Joe or one of our attorneys about what you got going on, see if it's something an attorney can help you with, kind of get you in the right direction. Some folks retain us and become clients.

Some folks just need some information, just need some basic information. And so we kind of do that too. But if you're listening to the show, we appreciate it. And this is something we kind of want to do to kind of return the favor in a way. So we do free complimentary consults. Okay.

All right. Well, let me tell you how you can grab one of the consults. Call this number 800-659-1186. That's 800-659-1186.

Leave your contact information, briefly what the call is about, and they'll set you up with one of those complimentary consults with Whitaker & Hamer, 800-659-1186. When we return, we'll start off with question and answer. And again, it's a listener question show if your house is foreclosed on.

And there are several ways this can go. We'll talk about that when we return. That'll be the first question coming up on Judica County Radio. We are back on Judica County Radio. Your hosts are Josh Whitaker and Joe Hamer, managing partners Whitaker & Hamer Law Firm, the power behind the program, and their practicing attorneys here in North Carolina. They've got offices located in Raleigh, Garner, Cleveland, the 4042.

Clayton, Goldsboro, Fuquay Farina, Gastonia, and in Moorhead City, again, located for your convenience. If you've got a question about legalese, something you're dealing with, you can always call the firm, 800-659-1186. That's 800-659-1186. We do have those complimentary consults available. Leave your name and contact information, briefly what the call is about, and an attorney with Whitaker & Hamer will be in touch. 800-659-1186. Six listener questions.

Josh, take it away. Yeah, so our first listener question came from a client, and they basically called us up and said, Look, I am in foreclosure. Basically, wanted some information about timelines, what does this mean, and what they can do. And so, Joseph, before we can get into answering their question, we kind of need to talk about the foreclosure process, what happens when you're found to be in default, how does foreclosure get started. That's one of those terms that people use to cover, you know, you've got a whole process here from being in default, you go into foreclosure, there's a foreclosure sale, there's things that happen in between, so a big, long process. Let's start at the top, man. What does it mean when someone says I'm in foreclosure? What does that mean?

We'll start at the top, right? So you are borrowing money to purchase a house, and you're going to sit down at your closet and you're going to sign a promissory note agreeing to repay whatever amount of money you're borrowing to your lender. And that note's kind of everything, right? That's the obligation in a nutshell. So in that note, it's going to dictate the terms of repayment, it's going to let you know that if you fail to make payment, that you're going to be in what we call default, so you miss payments and you will be deemed to be in default, and that is when, you know, these remedies that a lender has can start to kick in against you. And so, you know, the first step of the process is going to be you miss a payment or you miss a couple of payments. You know, some lenders are more lenient than others.

And once you do that, you're going to get notice of that default. And, you know, usually you're going to enter into kind of a pre-foreclosure period where a lot of these banks, they'll work with you. You know, they don't want to – they're not just itching to put you out on the street. You know, you see a lot of times in the movies the cold, heartless banks just kicking people out left and right. And, you know, there's – a lot of these places will give folks, you know, their understanding, they'll give them a lot of leeway. You can't guarantee they're going to be that way.

But, you know, practically, a lot of them will try to help you out, give you an opportunity to cure that default. But eventually, if you can't fix it, you're going to run into a situation where you're going to get a notice of foreclosure. And they're going to let you know that this foreclosure action is about to start up on you. Yeah.

Yeah, that's good. Like you said, you borrowed money. A lot of times in the movies and stuff, like you said, foreclosure, you know, the big bad banks, right, are coming to get you. But in reality, a bank doesn't have to lend you money to buy a house.

They do it because it's profitable, right, because they can make money on it. And so you get a mortgage, you have a note. Like you said, you're in default. Most banks are not hungry to foreclose on you. They'd rather the note just be paid for 30 years or 15 years or 20 years. No one really wants foreclosure to happen.

But anyway, so you're in default. Like you said, you get your notice of foreclosure and they're going to, the acceleration clause in your note, right? So if you borrow, let's say you borrow $300,000 to buy your house, you make payments for a couple of years, then you lose your job, hard times. You can't make your payments. You miss a couple of payments. Bank says you're in default.

They start foreclosure. They're going to accelerate your debt, right? So you might only be behind three payments.

Let's say that's like $3,000. But they're going to say, nope, you owe us the whole 300 grand because they can accelerate the debt. And so that's what they're going to do.

They want to get, in our example, $303,000. You're in foreclosure. They're going to have some filings with the court. And then they're going to schedule a sale, right? So then you have a foreclosure sale scheduled. People are going to bid. The bank hopes to get at least $303,000 back. Someone may bid $400,000.

Let's say the winning bid is $400,000. Eventually they'll close. If you're still in the house, you'll be evicted. And that's it.

That's it. Now the bank can't keep the extra money, right? The bank would have to give you back anything they made over $303,000 on the sale. But anyway, our person asked us, hey, I'm in foreclosure. What can I do? And so we really quickly went through the foreclosure process.

What can you do? This is a long process. This process is not quick. I think a foreclosure goes as fast as it can. You're still looking at three to six months if it goes super duper quick. And usually they don't go that quick. So you've got some time. And you've got some options, too. They've got to give you a 30-day notice before they even foreclose.

So you've got some time. And so if you're in a position, you can sell the property. If you're in foreclosure, you can still sell your property.

You can go get an agent. If the agent says, hey, you owe $303,000 on this, $303,000, but I can sell this for $400,000, you can list your property. You disclose it's in foreclosure. But that's not fatal to any sale, right? Yeah. You're just paying off a lien. That's it.

Yeah. So you can just sell it like normal. If you're in that position where you have some equity and it makes sense to sell it, you can pay it off, right? Some people can get money other ways or have money, take it out of their retirement. Maybe you're in a position where you can come up with the money and pay off the $303,000.

And you can do that for a while. You still have a lot of options when you're in foreclosure. You just know there's an end date where the property is going to be sold.

And so you have to adjust to that and prepare for that. A couple of other options just to touch on them. You've also got the loan modification route. And of course, that's going to be lender specific. So again, some lenders are easier to deal with than others. Some have other different programs that can assist you. A lot of times you'll have the ability to go in and potentially modify the terms of your loan, kind of restructure it.

And again, that's not a guarantee, but that is a possibility. Josh, you talked about the fact that you can list this property for sale. Now, say you're in a situation where you owe $300 and you're basically upside down and your property is worth $250, you can do what's called a short sale. And now a short sale isn't the easiest and cleanest thing in the world, especially from an attorney perspective. They can be a bit troublesome, but it's a thing people do. And basically what you're doing in that situation is the lender is giving you the ability to sell your property and just take all of the net proceeds, even though it's not going to satisfy the full amount of the loan. It's kind of like they're cutting their losses.

So that's a thing that can happen in kind of narrow circumstances. And then you've also got the deed in lieu route, which is basically you saying, hey, I'm just going to give you this property bank and we're just going to call it even. I'm going to deed this property to you. You're going to wipe out this debt and we'll wash our hands of this and walk away.

Yeah. And so those are two good options I wasn't thinking about when I started answering this question, but yes, those are lender specific. So if you're getting foreclosed on, the lender is going to have a local attorney who's representing them and you're going to have to reach out to that attorney. And there's the big banks have a department that would handle a short sale. But yeah, like Joe said, if you're upside down on the house, you can negotiate potentially a short sale. Those are very popular in what, 2009, 2010, 2011. I don't see them as much now because of the way real estate tends to trend up in value. Those I don't know what the real estate market holds for 2025 with interest rates above seven and people not buying and selling as much as they used to.

But yeah, that those are two options. And then if you have a V.A. loan, V.A.

has a lot of programs for veterans who have a V.A. loan who get behind. And so you really can reach out to your service and be like, hey, I'm behind and I'm not going to catch up. You know what? What what can I what can I do? Because there are some programs available to you. So but just because you get that notice of foreclosure, you've got a lot of time to take some action and and kind of formulate a plan to avoid to avoid a foreclosure. So there's there's a lot in there that you can you can do. It's it's it's it's never a great situation if you're in foreclosure. I'm sure there's some other things going on. Family, death, loss of employment, you know, something going on that got you to that to there. And there's also bankruptcy.

Right. So I mean, you if you're in a situation where you're getting foreclosed on, you can go talk to a bankruptcy attorney. That's one of the few things we don't do at the law firm. We are not a bankruptcy firm. Most of those firms really specialize in just bankruptcy. But bankruptcy is always an option, too, to kind of stop a foreclosure.

Yeah, I wanted I wanted to just ask and maybe go back and you may have hit this, Josh and Joe, you may have hit it, too. But you said you have a lot of time if you get a foreclosure notice. What is a lot of time? Well, it depends, right? Like it's going to vary.

It's going to be servicer specific and some are more aggressive than others. But you've got time, you know, statutorily, you've got time. You ain't got years, right?

You don't have you don't have years. But the foreclosure process, there's things that you're the foreclosing lender has to do that are just going to take time. They have to give you a certain amount of notice.

They got to file a complaint, a petition and get you served with it. There's a court appearance or two that can be delayed or put off. And then the sale itself takes time because the bank puts the property up for sale at an opening bid.

And our scenario would be three hundred three thousand because that's what they need to get back. And then every there's a 10 day upset bid period. And so these things can stretch out. But yeah, if you if you hopefully it doesn't get to you getting a notice of foreclosure before you have a plan because you'll know you're behind.

Right. And some banks let you get further behind than other banks before they file a foreclosure. Some banks after three months, they're done.

Some banks let you go longer. But you can you can you can get help. You can talk to an attorney.

You can talk to a real estate agent. You can talk to somebody and put a plan in place. There's always something that can be there's always something that can be done.

All right. We've been talking about, you know, what happens if you're foreclosed on things that you can do from a legal standpoint. And again, if you've got any questions about a situation you're in, maybe it's foreclosure, maybe it's something else. You can always grab a complimentary consult with Whitaker and Hamer by calling eight hundred six five nine one one eight six. That's eight hundred six five nine one one eight six. Leave your contact information briefly what that calls about and an attorney with Whitaker and Hamer will reach out. And again, you're not agreeing to become a client. This is complimentary.

It's a good way to test drive Whitaker and Hamer might be a good fit for you. Eight hundred six five nine one one eight six. When we return on Judica County radio, more questions. This next one, shared custody. But you want to move out of state. How's that going to work? That's the next question coming up on Judica County radio.

We're back right after this. Judica County radio, hosted by Josh Whitaker and Joe Hamer, managing partners, Whitaker and Hamer law firm, practicing attorneys here in the great state of North Carolina. They've got offices located in Raleigh, Garner, Cleveland, Clayton, Goldsboro, Fuquay, Varina, Gastonia and in Moorhead City.

I'm Morgan Patrick. And just remember, we do have complimentary consults with Whitaker and Hamer. If you've got something going on legally and you've got questions, you can get one of the complimentary consults by calling eight hundred six five nine one one eight six.

That's eight hundred six five nine one one eight six. Leave your contact information briefly what the calls about. An attorney with Whitaker and Hamer will reach out to you. And again, no obligation. You're not agreeing to become a client. Just getting some answers to your legal questions.

Eight hundred six five nine one one eight six. Back to the questions now. Shared custody or custody going on in a divorce.

But one of the parties wants to leave the state. So, Josh, you obviously see this quite a bit. Yeah, but this this question got me thinking about kids and I didn't get a chance to talk to Joseph this weekend. You have something to tell us, man? Kid? No, no, I have on the way. No, no, no. Too old for that. But he's moving to the lake.

He's going to smoke a cigar in a tube. What did you have? You guys have hockey? What was your sports like for you this weekend?

All right, I'll tell you, man, I'll give you my sports update. Hockey. Hockey is fantastic, man. I think thank whoever created the sport of hockey, because that's a real I've had a lot of fun with that. My kids team. Thankfully, a very good team. There's so many kids.

There's teams galore in this league and super competitive and they have standings. It's what I've always dreamed of. And my kids are just getting to the age. You know, we went through years and years of not keeping score and and just doing things for fun. We're out of that. Everybody gets a trophy. We're out of that now.

No, you have to earn your trophy now. And kids team doing very well. Very rousing game this weekend.

Josh, you would have loved it. One nothing going into the third. Other team pulled the goalie. And we had the late game goal to go up two seconds left.

It was a big game. Kids all slid on the ice. A lot of celebrating from these kids, man.

That's one thing you see this 10U hockey age is all the kids are very ruthless in their celebration tactics. Oh, they practice it. They do.

They do. And then in basketball too, man. You know, I'm assistant coach in basketball. I'm following in your footsteps, man. As someone who's in the Rec League Basketball Hall of Fame like you are, I didn't know if you knew that too.

No, I didn't get the notice. I'm trying to follow in your footsteps, man. So is it a bust or is it a plaque? I mean, what's the Hall of Fame?

I think you just get your name in the Clayton New Star, which I don't even think that exists anymore, but it's there, you know? But yeah, man. It's fun.

It's fun stuff, man. You coach the kids. Do you coach your kids or just coach me? And then you were like, it could never get better than this.

No, no. I do coach my kids. I definitely wanted my kids to get coached by other people besides me.

I didn't want to be that dad who just always coaches their kids and they never get any other. Because I'm too nice. Well, I might be meaner to them. I don't know.

I don't know how that works. I think I'm the opposite. But yeah, I've coached basketball. Basketball is the only thing I'm qualified to coach. I coached baseball when they were little, but you don't have to know anything about baseball. Yeah, you just roll the ball out there, man. And basketball, have you evolved into calling plays and stuff? When you were my basketball coach, man, we won a lot of games.

And he would just say, hey, you go out there and you give them everything you got. A lot of pep talks. With the little kids, man, we work on beating the zone.

That's always a big thing for kids of a certain age, just trying to figure out how to beat that zone. But yeah, we have basketball. So we had a couple of basketball games. I'm still waiting for football to start.

That's right. You're a football dad now, man. That's good.

Proud of you. Well anyway, shared custody. We get a lot of calls about child custody in general. But one of the things that seems to come up every now and again is when you have a – this is kind of what happens.

Again, kind of laying the foundation of what happens. You usually have a child custody order that a judge has entered that maybe your attorney helped you negotiate. But you have a custody agreement, usually an order.

It doesn't have to be an order. But a lot of times it is an order that says, hey, you know, whatever it is, the mom's going to be the primary. But the dad's going to get, you know, every other weekend.

Or, you know, they try to get as close to 50-50 as the facts allow. But let's say you've got a shared custody agreement. And I'm going to use the wife in this example just so we have our – we know what we're talking about. But the wife, let's say, has got an opportunity to move out of North Carolina and say they're going to New York. She's got a new opportunity.

We'll leave it at that for now. But she wants to modify that court order. Because that's what you're doing. You know, obviously if you move into New York, in our situation the dad's not going to get as every other weekend, usually.

Because you're going to be 12, 13 hours away, right? So if you're going to do something like that, you lost a little bit of your freedom. You can't just up and move to New York and figure it out later. You're going to have to modify the court order because you don't want to get held in contempt. That's what happens if you violate a court order. You can get held in contempt. And so you're going to have to make a motion to modify that court order. And when you do that, the court's always going to look at the best interest of the kid, right? That's what the court's going to look at.

And that's the standard, right? Because you don't, you know, the court places the well-being of the child at the forefront, which is what they should do, right? You get two parents and you get emotions involved and you get resentment and bad feelings. And while we would hope no one would do this, it happens all the time where you see selfishness outweigh what is most beneficial to the child. And so that's something that the court really emphasizes, is trying to put the well-being of the kid and what's best for the children at the top of the priority list. Yeah. And these are always real fact-based. And so what's actually going on is more important.

The law is very general, like, hey, we're going to look at them and there's case law and things like that. But, you know, the example that I see a lot of people use is you've got a spouse who's decided they're going to move to New York just to start fresh. They don't have anything lined up.

They don't have any family. They just want to get a fresh start. And usually the court's not going to go for that, right? Is that really in the best interest of the of the kid to be that far away from the other parent?

And you don't really have anything lined up, right? But let's say the the wife got a new job that pays double. That's where her family is.

And she wants she wants to move. Well, that makes that makes more sense to the court. You know, but you see a lot of these people or you see some folks who who who maybe the fresh start kind of stuff is really the best example, I guess. The court's going to what you're what you're getting at is the court's going to look at a what we what we like to say a totality of the circumstances when it comes to the best interest of the child. So there's factors, right? There's factors, there's pros, there's cons, and they're going to weigh it all. And it's like you said, Josh, there's some situations that are a stretch and they probably won't go for. But but I think it's also important to to realize any time you I mean, this applies for family court, but this really applies for any kind of litigation in general.

You know, you're different, different judges have different sensibilities and you can see some variance within that. So that's something to always consider when when you push any kind of legal issue. Yeah, custody, custody is always a tough one. You know, it's it's you know, anytime you're talking to people about their kids, there's always going to be a lot of emotions involved, understandably. And it's always, you know, a very sensitive issue, a sensitive legal topic. And I think the courts, when they have to, it's always better when the parents can can come to an agreement. But sometimes, you know, it's just not possible.

And the judges, the judges really struggle, I think, with a lot of with a lot of these things. But yeah, it's always the best interest of the children. And if you're going to make that child's life better with a move, more money to support the child, more family, better schools, you know, all that kind of stuff is is is important because the court's going to assume.

That both parents being involved in the life of the child is is is is what is the best interest of the child unless there's, you know, domestic violence or drug use or criminal activity or something like that that's going on. But that's that's it. That's I think that's it in a nutshell to answer to answer this to answer that question.

It's important to get answers to your own questions. And again, if you are facing something legally, we've got a consult. It is complimentary with Whitaker and Hamer law firm. Again, all you've got to do is call the number 800-659-1186. That's 800-659-1186.

Leave your contact information briefly what the call is about. And an attorney with Whitaker and Hamer will be in touch. And again, you're not agreeing to become a client.

This is the way you can test drive Whitaker and Hamer. And again, they're not agreeing to take you on as a client. This is a good way to get to know each other and, of course, get your legal question answered. And this is complimentary 800-659-1186.

That's 800-659-1186. We are in the middle of listener questions. We've gone over so far today. What if your house is foreclosed on? What can you do? And we just finished up with what about shared custody and someone wants to move out of state? How is that handled?

Coming up on the other side, what should you do if you're pulled over by the police? That's coming up next on Judica County Radio. Judica County Radio hosted by Josh Whitaker and Joe Hamer. Managing partners, Whitaker and Hamer Law Firm. The power behind this program. They are practicing attorneys here in North Carolina.

Offices have been placed for your convenience in Raleigh, Garner, Cleveland, Clayton, Goldsboro, Fuquay-Varina, Gastonia, and in Moorhead City. I'm Morgan Patrick. We go back and forth on legalese, legal topics, legal questions that are happening every single day. And how to handle those, possibly. You may have your own situation. And here on the program, we open up complimentary consults with Whitaker and Hamer to grab one. Call 800-659-1186. Maybe you're facing a legal question, need some answers. Again, that's 800-659-1186. And we say complimentary, meaning you're not obligated to become a client. 800-659-1186.

Great way to test drive Whitaker and Hamer Law Firm. All right, so we've answered these questions so far. What if your house is foreclosed on?

What do you do? Also, if you are in a shared custody situation, but one of you wants to move out of state, that happens quite a bit, how you handle that. And our next question, Josh, where are we going? So I get I get this question a lot. This is like the first question you get out of law school. Somebody's going to ask you about this. But but I figured we could talk about the question is the question that we get asked is, hey, if I get stopped, if I get stopped, a traffic stop, how much should I communicate with the officer?

You're right. Because people see the meat, the stuff, the videos on TikTok and whatever, where the guy's got his driver's license and like a baggy and he just hangs it out the window and he doesn't make eye contact or anything. And it's you know, he's got like a little piece of paper that cites statutes. And and I'm not a big I'm not a big proponent of that.

You don't have a you don't have your statute cheetah paper that you can flash out. I struggle with this because I grew up a lot of law enforcement in my family. I know a lot of good sheriff's deputies and Raleigh policemen and Garner policemen. And there's a lot of of good policemen. So when I talk about this. Wait a minute, wait a minute. Define a lot of law enforcement in your family.

What are we talking about? A couple, a handful. OK. Yeah. That's that's a lot. Cousins, uncles, things like that, you know. So I do I have a lot of respect for law enforcement and the job that they have to do. But I'm also an attorney. And so I also see how some law enforcement kind of abuse their roles, don't know the law. So I see the really, really good side of law enforcement and I see the really, really bad side of law enforcement. Any interesting family get togethers with the police on one side of the room and the attorney on the other?

No, no, no, no, no. I wish I had a good story about that. But but so I think I sympathize with kind of both sides of the law enforcement debate, you know.

But if you get pulled over at a traffic stop, you are in an adversarial adversarial position. I'm coming in to save you, brother. You're like, it's a little late.

I think you get to come in a little earlier. I just wanted to see if you could do it. I just want to, you know, it's like you're riding the bike.

I got to let you fall off. You stubbed your verbal toe. But you're in a situation where you are a suspect and maybe you're just a suspect of not having good registration, a very low level traffic offense. Right. So I'm not but but you are that that that law enforcement representative doesn't know what he's going to get into once you've been pulled over. And you might just be getting a registration citation. Maybe you're going nine over.

Maybe you're going 15 over. You know, but you could have weed. Right. You could have a gun. You could have coke.

That law enforcement does not know. Throwing that out there willy nilly. You could have all three. You could have a cockfight going on in the backseat. They don't know. I like that. I like that. I got a big Astro Van and I just mobile.

It's a mobile cockfighting ring. They don't know what they're getting into. And so you want to you want to be very careful, just like you would be in any other situation in your life that that is. They're not your friends in this situation. Right. And even the best cop in the world is not your friend in this situation.

And so I think you're definitely not going to be friendly, but that's right. It's an adversarial situation. That's a word that we use to describe it.

A very difficult to pronounce word that we use to describe the situation. So we're proceeding with caution. That's right. I always advise you want to get you want to be polite. There's no reason not to be polite in a normal traffic. Let's go step by step. Step one, you're going to pull over at step one. Let's go ahead. When it's safe.

With the basics. When it's when it's safe, you don't have to pull over on the highway when there's no. But let's go ahead. OK, let's say let's say we need to get to somewhere safe. We're going to go ahead and signal our intention to pull over.

How about that? Let's let them know. Let's let let's let let's not make them think we're going to get into a high speed chase with your Toyota Tundra. Yeah. So it's it's nighttime, right? You turn your signal on signal that you're going to pull over, but you're going to drive until you find a safe place.

That's right. And we're going to find a safe spot. We're going to pull over.

We're going to turn our engine off. And then I learned this. I learned this personally. It's like you don't want to you just want to sit there until the officer comes to your window. You don't need to be reaching around trying to get your license and insurance ahead of time.

Wait till they come to the window and ask you for it. Then you don't want to go digging around in your vehicle or your you know, you don't. The officer doesn't know what you're doing. Just sit there. Don't take your seat belt off yet. I did that one time I got pulled over and I took my seat belt off and the guy was like, you weren't wearing your seat belt. I was like, I was wearing my seat belt. I got two seat belt tickets as a passenger back to back at the beach one time, man. So I can relate.

So you get pulled over, leave your seat belt on. Don't get anything together yet. Hide your cock fighting if that's the case. Just stay there. Hit the emergency.

Hide the chicken. And you're asked for a van. But then they're going to come and they you know, you don't they're going to ask for your license and your registration. And you give them that you give them that information. But the questions that they ask, you know, you know, where are you coming from?

Where are you going? You don't have to answer those questions. You don't have to.

Yeah, you don't have to. Just like there's a legal aspect to this. Right.

And so, you know, we we as attorneys would always encourage everyone. You don't want to incriminate yourself. And so sometimes unintentionally, you can get yourself into some sticky situations with with saying too much. But there's a practical element to this as well. Right. And like practically speaking, you can make a situation that could be.

Quick, easy and efficient for you, more difficult by being combative. So it's hard for us to advise you on that because, again, we're not there and we don't know the situation and we don't know what kind of we just don't know the circumstances. So you kind of have to use your best judgment. And but I think I would err on the side of caution.

And, you know, less is more. It's difficult for for regular folks who are in the situation a lot to politely decline to answer those questions. Where are you coming from?

Where are you going? Even innocent things that you say could later be construed as not the full truth. You know, so it's it and it took me a long time to get there, even as as an attorney, it took me a long time to get there. But the wisdom in, you know, saying, hey, no disrespect, I politely declined to answer that question. And it may throw up some more red flags for for the officer, but they're going to have to use what they can sense.

Right. If you if you're if you smell like vodka, if you if you stink like wine, you know, they might go ahead. If they've decided that they might be impaired, they're going to do what they need to do. And we're not this isn't a DUI question. This is just a general traffic stop question. But, you know, the fact finding questions that officers ask, you don't have to answer those. You know, obviously, if they ask to search your vehicle, you don't have to give permission for anyone to search your vehicle.

So that you don't you don't you don't have to you don't have to comply with those. Do you assume that they have a body cam and that is operating? That's a good question. I guess it depends on who's pulling you over because some have them and some some don't, you know. So I don't know that you can make that I don't know that you can make that assumption yet in North Carolina, although many do. And I'm not a big I'm not a big you know, if there's a passenger recording the interaction, you know, just.

You just it's a it's. I just when I'm usually given this advice, I'm not giving this advice to hardened criminals, right? I'm giving this advice to people like you. Every day person going about their business gets pulled over for something. And I think I think those people just don't realize the nature of the interaction, you know, and you definitely don't want to be rude to the officer. You know, you don't there's no there's no reason for any of that in a normal traffic situation. But you don't have to answer questions, right? You don't have to tell them how many beers you had or didn't have or you're coming from a bar or you're coming from Wal-Mart or where you're going to.

None of that's any other business. I like that. I like that. I like how many beers I didn't have. It's like, officer, I didn't have I didn't have 18 years.

But well, no, we joke, but it's a serious situation. And just be cognizant of that. Right. Anything you say to that officer, maybe something you're having to defend yourself from in court and you have a constitutional right. There's things that you have to do. You're going to have to give them your license.

You're going to have to give them your registration. Like you have to comply. If you pull the sovereign citizen route, it's going to go it's going to go. Oh, man.

You know, it's going to go south for you. We can guarantee that. But there's things there's things you have to do. And most officers know what you have, what you can say no to. And once you, you know, if you're under arrest, you're under arrest. Right. You know, if they see your cockfight in the back seat, you're going to give them they're going to be able to search.

Right. There's all kinds of things that can change the dynamic. But for the average citizen who gets pulled over for speeding or registration, you know, that's kind of what I say to folks. Very important to know, you know, how to handle it.

If it does happen again, we are going over what you should do if pulled over by police, because it's probably going to happen to you at some point. And I like the overall theme of just be polite and know what you should answer and what you should maybe not answer. So, again, these are things that you can ask. We've got complimentary consults with Whitaker and Hamer Law Firm. Again, Josh Whitaker and Joe Hamer, managing partners there. And they have you know, they've got attorneys.

They handle all these different areas. So if you have a legal question, you know, grab one of these consults. Eight hundred six five nine one one eight six. They're complimentary eight hundred six five nine eleven eighty six. That means you're not agreeing to become a client.

You can get some answers to your question. You may end up being a client, but folks, this is an opportunity for you. Eight hundred six five nine one one eight six. Leave your contact information briefly what the call is about and they'll set you up with an attorney and one of those complimentary consults.

Again, eight hundred six five nine one one eight six. We're back with more Judica County radio. We'll wrap it up right after this. Judica County radio, hosted by Josh Whitaker and Joe Hamer, managing partners. Whitaker and Hamer law firm right here in North Carolina. That's where they practice.

They've got offices in Raleigh, Garner, Cleveland, Clayton, Goldsboro, Fuquay, Verina, Gastonia and in Morehead City. I'm Morgan Patrick. It's always about legal. You might be going through something. You've got some questions. You need some answers. You're not sure what to do. You can grab a complimentary consult with Whitaker and Hamer. Call 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 reach out. And again, no obligation. You're not agreeing to become a client.

You're just getting some answers to your legal questions. All right, Joe, we're going to start off the final segment. And you have you have the podium. Yeah, I don't I have nothing. So here's what I wanted to do, man.

I wanted to since we've been doing the show today, I've been really marinating on the idea of Josh ballooning up to four hundred pounds. And I'm really invested in it. And I don't ask you for much, man.

I don't ask you for anything, really. But I think we have to make this happen. And Morgan and I will support you in this journey.

And and yes, that's where I'm at. Of muscle. Four hundred pounds of muscle. Well, I'm thinking Cartman South Park. Yeah. Beefcake episode. There's a there's a Simpsons episode, one of the one of the all time best where Homer finds out wherever they live, that if you weigh over a certain amount, you'll be able to get on disability and he can quit his job and be on disability for being too too big. Yeah, we can do that.

You could do that. And so him and Bart go on this this mission to gain. I think he has to gain like I can't remember is like 68 pounds. That's what he has to gain. It's hilarious. It's a great it's a great episode. It might be a season four episode. That's season four is the best episode of The Simpsons. It is the best episode of TV ever made. See, I'm at the season.

The season for the whole season for the stretch. Yeah, there's a there's a there's an algorithm that measures writers, people that measure jokes per second of TV and comedy TV. So the best. Yeah. OK, I got you.

I got you. Look, man, if I'm watching TV, I only want to watch comedies. I like I want to watch something serious. I'll go to work or like I'll do something else. I don't need if I want to watch something serious.

I'm going to do a billion complimentary consoles. So you're watching TV. You're not roped into. Sorry for the pun.

Yellowstone or Landman or none of that. No severance. No. I've been working my way through the original season of Night Court. That's what I've been doing.

I've been working my way through the original Night Court. None of this is we were getting off topic, man. Listen, the goal is we got to get you ballooned up, brother.

And I got some ideas for you. Yeah, you like peanut butter. I know you're a big peanut butter guy. I know this this week, man. You don't know this. We haven't talked about this. I haven't talked to you yet this week, but this is my stop eating out for lunch.

This is like I drew a line in the sand. Yeah. So, like, I'm not, you know, New Year's resolution. Twenty days.

Wait a minute. That's against what we're trying to do here. You're doing a no fat January. Now we can we can get them fat without lunch. Without eating out for lunch. We just put a bunch of ice cream in the freezer and that's just walking over. That doesn't count.

So it's so delicious to you. You've changed my mind, man. If you're if you're on this health kick, we can do the opposite. So if we can't make you a four hundred plus, let's get you down. Let's get you less than one hundred. Let's do that.

Let's get you a Christian Bale in the machinist levels of skinny man. That's what I'm not familiar with that reference. But, you know, search it. Yeah. Photos. Amazing body transformation.

You could also say what? Just cast away. I want Tom Hanks. Tom Hanks.

Yeah. But I mean, I want to go more extreme than that. I want to go more extreme than Tom Hanks and cast away.

Machinist would be extreme. I want to look at you and I want to be slightly concerned. I want to say I want I want to call Morgan after the show and say I'm worried about Josh. I think we need to talk to Josh about what's going on.

Have some sort of intervention. Just be all beard, man. I want your beard. It's just beard and then skeleton. That's what I want.

You look like Gandalf. Yeah. Yes. Yeah, man. Did you win any money on the national championship game?

What did you do? So I lost a ton of money on the national championship game, but I won a ton of money on the Washington commanders. A ton. A ton.

Every NFL game. Listen, man, I did very well. I don't I don't like to brag. I'm very humble.

You know this, Josh. I can tell. But I did very well. And then I didn't do great on that. I did get on the Bills game and the commanders game because I didn't think I didn't like the spreads on because they had the Ravens as favorites. And so I won. Yeah, I went the Bills as home dogs. I went with the Bills, obviously. And I think that was a I can see why they did it that way.

But no say flowers. I figured the Bills would get it done. They did. And I'm going to tell you, man, the commanders have been good to me. And I think I'm going to keep riding with them.

I don't think I'm giving up on them just yet. And we should. Yeah, that's what I wish. We should take a segment of every show and just talk about what we're going to bet the next. Yeah. Yeah. This is a legal show about legal topics, except for it's perfectly segment for when we talk about only betting.

It's a tune out if you. Yeah. Legal, different, legal betting. No, legal, but it's all legal. It is legal. Come on, Morgan. We would never break the law.

I had too much hope in Notre Dame. I'm saying if it's legal betting, we can talk about it on a legal show and we're going to do that. And we're not we are going to break the law, but not until Josh is very close to the Oval Office, because that's when he can pardon us. And I want to say he will pardon every listener of the show. That's that's an offer we can preemptively. It's just like the free consults.

I want free part. I want one of those pardons from like 2011 to 2025. You know, one of those long. Yeah. Give me some time.

Give me some time to really see what I like. Like a pre pardon. You get a pardon and you can do whatever you want. You get part. I'm trying to get the Guinness Book of World Records for most crimes committed. That's what. Yeah. So the president the president can't pardon you for anything that you do after the pardon, but they can pardon you.

Nineteen seventy six to twenty twenty five. This is what I hope I pardon. This is going to go left way different than what we're talking about. But I mentioned Guinness Book, man. Saw this guy.

It's all that you need to look this up and we get done with this man. Guy, a kid that broke the world record for jump roping in 30 seconds. You see that? It's like two hundred and twenty eight jump ropes in 30 seconds. Go watch that, man. It's nuts. It's nuts. We want him to be fat. We want him to be fat. Don't do that.

No, no, no. He's just going to watch the video while he eats ice cream. He's not doing something.

I would lose weight watching that. Yeah. And I just want him to sit there and watch things. Yeah. My job is the job of the hut. That's that's you. We roll into the radio show. The my kids were watching something and they figured out the twins, the really obese twins from North Carolina that ride the motorcycles.

What are they? My kids, my kids. No, you know what I'm talking about?

No. In North Carolina, we had the record for like the heaviest set of twins. And he's these two twins from the mountains and they were famous and they were really they were big. They were big boys, but they both rode these motorcycles. They were huge. Many bikes, right?

Many bikes. Yeah. You know what I'm talking about, Morgan? Yeah, I think I do. But I this is years ago, right?

This is. Well, I mean, it didn't happen yesterday, but but my kids knew who those guys were like. They knew their names like, how do you know those people are? And they like knew their names.

They were doing a lot better than Joseph. We have reached the end of Judica County radio. This edition of it is a listener question.

We hit again. If your house is foreclosed on, what do you do? Shared custody.

You want to move out of state. One of you do. How do you handle that?

And what should you do if you're pulled over by the police? Again, listen to questions. If you've got a legal situation you're facing, we have complimentary consults.

You can come in and ask questions. Again, no obligation. Eight hundred six five nine one one eight six.

Get answers to those questions again. Eight hundred six five nine one one eight six. OK. Another edition of Judica County radio in the books. Josh Whitaker and Joe Hamer. I'm Morgan Patrick. We'll 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 Whitaker at J.M.W. at M.W.H Law Lawyer.
Whisper: medium.en / 2025-01-25 14:12:15 / 2025-01-25 14:36:55 / 25

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