Posts by Web Administrator
Defamation Guide for Libel & Slander in North Carolina: Part 3 – Defenses
Legal Defenses to Defamation Allegations If you have had a defamation case filed against you, or threatened to be filed, you should seek legal advice to determine what specific legal defenses are available. North Carolina recognizes a number of defenses and privileges for defamation cases, with the most common defenses including: The truth is an…
Read MoreDefamation Guide for Libel & Slander in North Carolina: Part 2 – Requirements for Suit
North Carolina Requirements In Defamation Cases Once you have determined if the statement made falls within North Carolina’s legal definition of defamation and which type of Plaintiff you are, your next step is to determine if you actually have a viable claim. To have a viable claim in a North Carolina court means you will…
Read MoreDefamation Guide for Libel & Slander in North Carolina: Part 1 – What is Defamation
What is Defamation, Libel, and Slander? Defamation is defined as an injury to one’s reputation caused by any false statement of fact. The key factor of a defamation claim is falsity, meaning the statement has to be false. It cannot be a truthful statement. In North Carolina there are two types of defamation recognized: Libel…
Read MoreDeMent Askew Johnson & Marshall Attorneys Recognized by Super Lawyers and Rising Stars in 2023
We are excited to share with you that Russell W. DeMent III and James T. Johnson have been included in the 2023 Edition of North Carolina Super Lawyers and that Alex Marshall has been recognized as a North Carolina Super Lawyers Rising Star. This is the fourth consecutive appearance on this prestigious list for the…
Read More2023 Business North Carolina Legal Elite recognizes Russell DeMent III
The criminal defense and litigation firm of DeMent Askew Johnson & Marshall in Raleigh is pleased to share with you that Russell (Rusty) DeMent III has been listed in the Business North Carolina Legal Elite Criminal Defense Section in 2023. This is Rusty’s 9th inclusion to the list. Rusty is an AV Preeminent Peer Rated…
Read MoreJumping to conclusions… No PC on DWI
The defendant was stopped because his tinted windows were too dark. Once the trooper turned on his blue lights, the trooper felt that it took the defendant too long to pull over. The defendant took multiple turns before stopping in a McDonald’s parking lot. According to the trooper, this was a high crime area and…
Read MoreDriving Too Fast, Moving Too Slow… DWI dismissed
The defendant was stopped for travelling 94 MPH in a 65 MPH zone. Upon approach of the vehicle the Trooper claimed to have detected a strong odor of alcohol, as well as noticed slurred speech and red, glassy eyes. Due to these observations the Trooper had the defendant step out of the vehicle to perform…
Read MorePossession with Intent to Sell or Deliver Marijuana Dismissed
The defendant was stopped because the tinted windows on his car were too dark. When the officer approached the vehicle, the officer was able to smell a strong odor of marijuana coming from the vehicle. Upon the search of the vehicle a bookbag was located that contained digital scales, plastic baggies, a large quantity of…
Read MoreViolent Felony Dismissed
The defendant was employed at a fast food restaurant at which a shooting occurred. Upon review of the surveillance footage, officers were able to determine who the shooter was, and they were also able to see the defendant provide the shooter with the gun just moments before the shooting. The defendant was charged with aiding…
Read MoreFelony Larceny Charge Dismissed
The defendant was an employee of a department store and was accused of stealing from the store. The store camera’s showed the defendant, who was a cashier, not ringing up several items and placing it in a customer’s basket. The defendant was approached by his store’s loss prevention personnel and provided a detailed confession. Once…
Read More