Clary Kathleen C

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(704) 376-3200Visit WebsiteMap & Directions1011 E Morehead St Ste 300Charlotte, NC 28204 Write a Review

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Phone: (704) 376-3200

Address: 1011 E Morehead St Ste 300, Charlotte, NC 28204

Website: http://rdslaw.com

Clary Kathleen C

Family Law

Divorce
North Carolina is one of only several states where a person can be sued for alienation of affection or criminal conversation. Both are civil claims that may arise from extramarital affairs, and both target a third-party defendant— most often a spouse’s extramarital partner. Sometimes these lawsuits may never be filed, but the very threat of them may be used as a bargaining chip when negotiating a separation or divorce agreement.
Child Custody and Visitation
Judges, prosecutors, and law enforcement take accusations of domestic violence very seriously. Those convicted of domestic violence crimes may face mandatory jail time, and lasting impact on their employment, child custody, and their ability to own a gun. That’s why it’s imperative to
Adoption

Criminal Law

Criminal Defense
Even though there is a very recent trend to roll back some of the most senseless punishments for these non-violent offenders, long prison sentences are far too common. And police often bend the rules and violate a person’s rights in making their case. A criminal defense lawyer handling a drug case first has to fight to get the innocent cleared. Even when an acquittal is not possible, diligence and a willingness to stand up against the system are required to get reasonable, rational results for the client so their life is not ruined.
DUI/DWI
“The trial was dominated by defense attorney Eben Rawls, who is among Charlotte’s most successful lawyers in obtaining DWI acquittals.”
Wrongful Death
When a loved one dies, the responsibilities are overwhelming — from making burial arrangements, contacting family, maybe even worrying about how you’ll pay medical or other bills associated with their care. If their death was sudden or from a prolonged injury or illness due to the carelessness or fault of someone else, surviving family may seek damages or compensation through a wrongful death lawsuit.
Traffic Violations
Let’s be clear. Car crashes don’t happen by accident. They happen because someone is choosing to pay attention to something other than driving. Or, someone has made a bad choice while behind the wheel — like driving under the influence, speeding, following too closely, texting, or participating in some other distractive behavior.
Sex Crimes
Sex is one of the most personal and delicate subjects. For most people, sex is not a regular topic of conversation. Privacy – bordering on extreme secrecy – is the norm. When a person is accused of a criminal sexual act, their world can seem like it is collapsing. Whether it is a matter of public record like an arrest, or the accusation is still being investigated, the word usually gets out. People jump to the conclusion that the accused must be guilty. Friends and family may even abandon them. This “fear and loathing” that surrounds sex crime prosecutions has to be met at every step in defending the accused. Overly aggressive police, a prosecutor who never doubts the victim, unwanted publicity, the client’s emotional state, and an alleged victim with a hidden agenda are some of the issues which have to be managed to get justice.
Fraud
Anyone who exposes fraud or theft against the Federal Government and some states, as well as people who act to stop securities and tax fraud, based upon some inside knowledge. A whistleblower is a courageous person that learns of someone who is stealing from the taxpayers or cheating investors and puts an end to the wrongful activity. Often, but not always, these people work for companies who are systematically cheating the Government. Though some use the term “whistleblower” for a person who acts to stop private wrongs (affecting only private companies), the law rewards those who help the Federal and state governments and offers them special protections against retaliation by the wrongdoer.
Robbery
Emily Isaacs was the second defendant to plead guilty Thursday. She drove the two shooters away from the murder scenes and had also testified at their trials. [Read the full article here.] The final piece—Emily Isaacs pleaded guilty to robbery in murders of Mirjana Puhar and 2 others in N CLT in 2015 pic.twitter.com/oPzoOOrWeq — Mark Becker (@MarkBeckerWSOC9) August 16, 2018 The mother of Rosool Harrell told Isaacs in court that she is just as guilty as the others and later shared her feelings with Channel 9. “She was walking around like everything was OK,” Jackie Harrell said. “Like she had no part of it. But she drove the car that they came and shot my son.” Isaacs apologized in court. Her attorneys had hoped she would not go to prison, but the judge sentenced her to a little more… Read more
Burglary
Common Blue Collar Crimes Many blue collar crimes are committed to achieve white collar status, although usually on a much smaller scale. In neighborhoods, cities, and rural communities where opportunities for advancement or achieving higher incomes is stifled by lack of opportunity, crimes like burglary, fraud, forgery and similar often occur. “Blue collar” crime is also associated with crimes of violence such as robbery, assault, murder, sex offenses, and smaller drug offenses. These crimes of violence are not usually prosecuted in Federal Court unless tied to a specific Federal crime. Whichever path an individual enters the criminal justice system, it can be difficult to exit, and can create a perpetual revolving door of felonious activity and criminal punishments.
White Collar Crimes
The experienced and dedicated criminal justice attorneys at Rawls, Scheer, Clary, and Mingo have years of trial experience and representing those charged with white collar crimes. Call (704) 376-3200 to speak with someone now.
Theft
Misdemeanors
Registrable offenses run the gamut from the obvious— rape, felonious sexual offenses, to misdemeanor sexual battery. Conviction of any of these offenses can result in placement on the registry for 30 years or more.
Embezzlement
Hire Experienced White Collar Defense Attorneys The criminal defense lawyers at Rawls, Scheer, Clary, & Mingo are Board Certified Specialists who have handled dozens of complicated and high-profile white-collar cases over the past 30+ years. These have included mortgage frauds involving tens of millions of dollars, alleged embezzlements from some of the largest companies in the world, international Ponzi schemes, securities frauds, and investigations into public corruption and influence peddling in Charlotte. They have represented people in courts across the United States and in foreign countries. But they also represent individuals charged with taking merchandise from the store they work for, those accused in check-kiting schemes, and many small business owners who have come under scrutiny for what the Government considered suspicious activity. White collar crime is often prosecuted by the Federal government (the United States Department of Justice and other agencies), but it is not uncommon that State prosecutors bring the cases in the local county courts. Prison sentences are almost always a possibility in white-collar cases. Particularly where the amount of money involved is high, the guidelines used by judges in determining sentences usually recommend or require active prison sentences. For example, under North Carolina law, fraud (called “false pretense”) involving more than $100,000 is a Class C felony punishable by no less than 3 and 1/2 years in prison, even for a person who has never been convicted anything. Federal frauds involving the same amount of money yield recommended sentences of at least 2 years, and sentences of 5-10 years are not uncommon if that “loss amount” grows substantially. That said, with the help of an experienced white collar criminal defense lawyer, people targeted in these prosecutions can improve their situation dramatically. First, law enforcement sometimes gets it wrong, casting unfortunate business losses or misunderstandings as intentional fraud. Beginning with a thorough understanding of the financial transactions involved – sometimes with the help of forensic accountants – white-collar defense lawyers attack the biggest hurdle prosecutors have to jump to convict someone. It is hard to prove that someone specifically intended to defraud or steal from someone else, and the prosecutor can sometimes be convinced to dismiss their case because it is not what it seemed when they first charged. Even where a person is guilty of something, plea negotiations can yield dramatically reduced sentences and often no jail time at all if handled with skill.
Drug Crimes
Drug cases are usually prosecuted in the local State courts. Cases involving large quantities of drugs, interstate trafficking, and those where guns are involved are sometimes prosecuted in Federal Court. It is a common myth that Federal sentences are always longer than State. North Carolina law provides for long, mandatory minimum prison sentences for higher quantities. A person convicted of possessing 10 pounds of marijuana must serve at least 2 years in prison. 28 grams of an opiate like heroin is no less than 19 years. Manufacturing a drug like methamphetamine (crystal meth) is a focus of law enforcement because of the poisonous toxins emitted during the process.
Assault
Murder
In 1997, Mr. Scheer left the DA’s office and joined the law firm of Rawls & Dickinson in 1997. He became a partner of what is now Rawls, Scheer, Clary & Mingo in 2001. In his early years with the firm, Tony handled all crimes from traffic offenses to murder. Since 2008, his criminal practice has been exclusively major crimes and high profile cases in the State and Federal Courts.
Identity Theft
“White collar crime” was originally defined in 1939 as a “crime committed by a person of respectability and high social status in the course of his occupation.” The term is no longer reserved for elites, and now basically means any financial crime committed by anyone in the course of any business. The specific white collar crimes go by the names wire fraud, bank fraud, mail fraud, tax fraud, mortgage fraud, securities fraud, and healthcare fraud, but also embezzlement, identity theft, bribery, and extortion.
Homicide
Mr. Rawls has represented numerous individuals investigated or prosecuted in State courts for alleged state crimes including: numerous homicide cases, assaults, drug cases, embezzlement, fraud, and many other serious felonies and misdemeanors.
Restraining Order
Federal law also prohibits those convicted of domestic violence crimes or subject to a domestic violence restraining order from owning a gun. Due to the collateral consequence of a conviction or even being served with a domestic violence restraining order, you’ll want an experienced domestic violence defense attorney from Rawls, Scheer, Clary & Mingo on your side.
Forgery
Money Laundering
Investigated or prosecuted for alleged Federal crimes including: tax evasion, fraud, public corruption, obstruction of justice, drug violations, firearms violations, securities violations, money laundering, pornography, environmental offenses, and many others.
Extortion

Business and Corporate Law

Business Disputes
In addition to injury claims, Amanda represents whistleblowers in reporting and prosecuting claims of fraud against our state and federal government. She also handles home and business insurance coverage disputes, ABC permitting and violations, zoning issues, professional licensing issues and other administrative matters. She defends claims of alienation of affection and criminal conversation and contract disputes.

Employment Law

Workers Compensation
Amanda Mingo and her team are great! She was thorough, timely and followed through and exceeded my expectations for my case involving workers compensation insurance/fine. The firm is always my first recommendation for any situation! Thanks again!
Wrongful Termination
What is a Whistleblower? An employee who reports illegal activity at the workplace (other than workplace rights violations) is a whistleblower. For example, an employee might report that his or her employer is falsifying tax returns or deceiving federal tax auditors. In North Carolina, whistleblowers are protected by law. If a whistleblower is terminated from his or her job as a result of exposing an employer’s criminal acts, that is wrongful termination, and it is punishable in criminal court. Whistleblowers may file a wrongful termination suit with the help of an experienced employment law attorney.

Property Law

Premises Liability
Amanda Mingo and Katie Clary of Rawls, Scheer, Clary & Mingo in Charlotte represented a plaintiff who alleged negligence after a pool’s lifeguard failed to notice she was under water. The non-fatal drowning left her with hypoxic brain injury and permanent neurological defects. Read the complete report in N.C. Lawyers Weekly. Mingo is a member of the NCAJ Board of Governors, the Auto Torts & Premises Liability Section, the Hispanic/Latino Division and the Women’s Caucus. Clary is a member of NCAJ’s Criminal Defense Section. Amount: $4.1 million Date of settlement: April 2022 Read more
Land Use and Zoning
Property Damage
“Liability insurance” pays for injuries and property damage that you (or someone driving your car) causes to someone else. Specifically, “bodily injury” liability coverage pays the costs of damages to other people caused by a crash. These include medical expenses, lost wages, disability, rehabilitation, and “pain and suffering.” “Property damage” liability coverage pays for damage you cause to someone else’s vehicle and other property such as lamp posts, buildings and landscaping. A great many drivers have only the minimum coverages under North Carolina law: $30,000 per person and $25,000 in property liability losses.

Immigration Law

Citizenship and Naturalization

Health Law

Personal Injury
Crashes involving people hit by cars don’t often end well. Even very low-speed crashes can result in very serious injuries. As vehicle speeds increase, the chances of survival decrease dramatically. The personal injury attorneys at Rawls, Scheer, Clary & Mingo have decades of experience representing injured pedestrians or their surviving families to recover medical expenses, lost wages, or other damages from the at-fault driver.
Auto Accidents
Social Security Disability
Eli received his bachelor’s degree from Wesleyan University in Connecticut and his law degree from the University of North Carolina at Chapel Hill. He fell in love with legal advocacy while working at the Bread for the City Legal Clinic in Washington, DC, as part of the Jewish service program, Avodah. While there, he represented clients with low incomes in Social Security Disability hearings. He then worked as intern investigator at the DC Public Defender Service where he found his true calling—criminal defense.
Dog Bites
Most people have insurance and assume that they are “covered” if anything happens – automobile insurance will repair or replace the car after an accident... homeowner’s insurance will rebuild the house after a fire... a liability umbrella policy will pay the claim if your dog bites a visitor. Though that is how it often works when an insurance claim is filed, underpayment and denials of coverage by the insurance company sometimes leave the policyholder holding the bag and financially devastated. Insurance underwriters will try to settle claims with their customer quickly and cut off their claim for more money. If you think that the insurance company is not delivering on your policy, you should talk to a lawyer immediately. Rawls, Scheer, Clary, and Mingo’s civil litigation team is experienced in dealing with insurance companies and enforcing the client’s rights under the policy.

Trusts and Estates

Power of Attorney
Be a resident of North Carolina unless they are an officer or director of the business and not responsible for day-to-day operations or has an executed power of attorney designating a qualified resident as attorney-in-fact for purposes of receiving service or managing the business

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