The Law Office of Robert L. Schupp

01/24/2026

Recently in Minnesota we have heard a great deal about interactions with law enforcement and civilians, and there is a lot of talk being thrown around what is and is not acceptable on both sides. In light of that, it is vitally important to understand what a person can and can't do as it relates to law enforcement:

1. An individual can peacefully protest, and may do so passionately. Doing so is a constitutional right.
2. An individual cannot hit or impede a law enforcement officer. Both acts are a crime.
3. Law enforcement can ask a person to disperse.
4. Law enforcement cannot force intrude on an individual's constitutional rights.

That is the legal side. However, what most folks do not understand is that there is also a *practical* side to these interactions. To unwrap this, let's discuss fact and fiction:
1. Fiction--individual can protest amd behave disruptively and try to disrupt law enforcement's acts.
Fact--behaving disruptively is likely to lead to law enforcement escalating to get the other side to back down. It can also lead to criminal charges like resist, delay, and obstruct.

2. Fiction-escalating rhetoric and aggressive behavior, if if not violent, around law enforcement will achieve a positive outcome.
Fact--escalating against law enforcement does not end well and can result in serious injury or death, and depending on the circumstances may result in criminal charges.

3. Fiction--I should resist law enforcement physically if my rights are threatened or being violated.
Fact--the proper forum to litigate whether your due process rights have been violated is in a courtroom with an attorney--not by physically confronting the officerth.

Your constitutional rights are important! But so is how you enforce them. If approached by law enforcement, be courteous and professional. You asb ask questions and politely decline to consent to a search--but if law enforcement acts illegally, fight it in the courtroom--not with the officer!

10/06/2025

https://pmc.ncbi.nlm.nih.gov/articles/PMC2424288

Ma*****na is illegal in North Carolina. It is also becoming an increasingly socially acceptable drug. Even in child custody cases, currently ma*****na use is unlikely to result in a circumstance where a parent has supervised visits.

However, there is an increasing body of research indicates a link between the use of ma*****na and psychosis. This dynamic is particularly prevalent among younger men. It is also important to note that even legal substances such as Delta 8 and Delta 9 still contain THC and will cause a person to fail a drug test. The fact is that using ma*****na poses a significant risk of causing a mental health disorder, and mental health disorders can cause erratic and impulsive behaviors that will adversely affect a person's ability to have unsupervised visits.

Ma*****na possession and trafficking further remains a crime that can carry serious penalties.

Call The Law Office of Robert L. Schupp today if you have questions about how cannabis use can impact your family and freedom.

We briefly review the evidence that cannabis use in adolescence and young adulthood is a contributory cause of schizophreniform psychoses, by summarising longitudinal studies that: a) have examined relationships between cannabis use and the risk of ...

09/20/2025

Playing defense. When someone is a defendant, then that person is, from the start, going to be in a defensive posture. Whether it occurs in the context of emergency custody, domestic violence, possession of drugs, theft, or otherwise, the defendant is the person that going to have to defend himself or herself from the allegations made by the other person or the state.

Playing defense means that you do not bear the burden of proof. It is not your job--usually--to prove that something did not occur. Instead, the focus is showing that the other side cannot meet its burden of proof. Sometimes that means demonstrating the facts, even if true, don't meet the elements of a crime. Sometimes it means showing that the other party has serious credibility issues that render his or her credibility non-existent. Sometimes it means drawing out the inconsistencies in a critical witness's testimony. And sometimes it means simply putting up a fight when the other side gives you no other option.

What you do not want when you are the defendant is to *act* defensive. There is a significant difference in putting up a good defense and being defensive. Being defensive causes a person to act in a fashion that suggests he or she has something to hide; to dodge or overthrow questions; to act combatively with the judge or other attorney; and these acts usually play into the stereotype the other side is trying to create.

Playing defense is good. Being defensive is bad. Call The Law Office of Robert L. Schupp today to make sure you have a good defense!

09/06/2025

Why a lawsuit?

One of the more misunderstood concepts in law is why a lawsuit is needed or sometimes even required to protect a client's rights or to achieve a particular outcome. For example, a divorce requires that a claim with yhe courts for absolute divorce be filed; yet many folks will say, when the ex is served and expresses anger about being sued, "I'm not suing you!" Or when someone files suit and is offered a very reasonable settlement, the plaintiff refuses to settle and does not feel like he or she is being treated fairly. In both scenarios, and in others, the issue is a misunderstanding of the purpose of a lawsuit.

The legal system is designed to address legal injuries and provide legal remedies. Criminal litigation deals with alleged injuries to society. Domestic deals with alleged injuries to a spouse, opposing parent, or child. In each scenario, the system is designed to allow the parties involved to put their claims before a neutral party (a judge or jury) and, under the same rules, to have that neutral party make a decision as to the parties claims and determine the appropriate relief that a party is entitled to. In many scenarios, the relief is going to be financial in nature, whether it's a fine in the criminal context, an award of child support, an award of certain property, and so on.

However, no litigation can address:
-how a party feels about the other party.
-the other party's reputation
-your reputation
-the stress of dealing with a certain situation
-a party's feelings about how he or she has been treated by the legal system
-the need for closure

If a party is looking for anything other than a remedy allowed by the law, then that party is actually using the system in an inappropriate fashion. This can lead to a number of problems for that party, including dismissal of claims and potential exposure to a claim for abuse of process or malicious prosecution. Call us today to make sure you pursue your claim with the proper purpose!

05/01/2025

"The house." Where a person resides or if a person can reside in a particular place is a regular source of controversy in litigation. Today, let's look at a few common myths regarding a residence:

1. MYTH: "If my name is on the deed/lease, I can go there whenever I want. It's my house too!"
FACT: If you have been in a romantic relationship--whether married or dating--and you and your partner separate and the partner tells you not to come to the house, then you CANNOT go to the home. If you do, you could get arrested for domestic trespass Besides the possible criminal liability, going to the home without an invitiation and/or without law enforcement is simply a bad idea for folks involved in legal proceedings.

2. MYTH: "My spouse's name isn't on the deed so my spouse can't get anything from the house if we divorce."
FACT: The name on the title is not determinative in whether a spouse has an interest in the home. If the home was purchased during the marriage, it's marital property (with some very rare exceptions), and your spouse is entitled to an interest in the home.

3. MYTH: "Whenever the protective order/criminal prohibition expires I can go back to the house.
FACT: If you go back and have been told to stay away you could be arrested for domestic trespass.

4, MYTH: Me and my partner purchased the house and lived in it, so I have an interest in it.
FACT: If you did not marry, put no money into the home, and have no title interest, you have NO interest in the property. NC does not recognize common law marriage, so not getting married can leave you without a home in that scenario.

Houses and rentals can be tricky to handle. Call us today and we will be happy to help you navigate your situation!

04/17/2025

The opening statements in this murder trial are very instructive and are a great example of three rules when you are in child custody litigation: 1) NEVER engage in "self-help"--whether that's withholding the child, trying to force the other party to return the child, or otherwise--and 2) ALWAYS be cooperative and polite--don't go to the other party's residence when you've been asked not to, don't try to force the issue, don't yell/curse at your ex, and 3) NEVER involve a firearm when an exchange of children is in play. If you break these rules, you are not only risking significant harm to your case, but you could also put your life at risk. Before breaking these rules, call The Law Office of Robert L. Schupp and we can help you craft a solution that protects you and your children from harm.

Opening statements begin in the murder trial for Dorian Thomas, who is accused of murdering 44-year-old Emily Steinhoff, his child's aunt, during a custody exchange last March.

04/14/2025

Who you date MATTERS. If your prospective dating partner has a violent past, you are not only risking losing custody of your children, but you may be putting your life and the life of your children at risk. Call us today and we can help you navigate your way out of a very dangerous situation. You and your children's lives are too important!!

The suspect had allegedly taken P*P and grew violent.

11/30/2023

I am a North Carolina native, and have lived in Johnston County since 2014. I thoroughly enjoy practicing law in the area and my goal is to help people in my community to resolve problems in a practical manner that makes their lives easier.

I graduated from Campbell University in 2010 with a BA in government. I graduated Magna Cum Laude from Campbell University of Law in 2013. Then I started my own practice in 2014. I practice in a variety of counties including Johnston, Harnett, Wayne, Wake, and Cumberland.

One of my biggest passions in life is helping others. I like to help people fix their problems, and help them to do what is best for them.

Family (or sometimes called domestic) law is a minefield, especially when children are involved. Answers to problems are often not what someone would usually expect, and there are a wide variety of factors that will determine who a child lives with, if a spouse has to pay money to his or her ex, and who gets to keep the marital home, for instance. The best family law strategies will take into account your unique circumstances, how courts have resolved similar controversies in the past, and how to best strive to achieve your goals in the context of those parameters.

Estate planning can be very complex and requires attention to detail. The route you choose will have consequences for you and your loved ones. The best plan is the one that reduces the potential for future conflict and gives you and your family certainty with regarding how your estate is handled.

A good estate plan will streamline estate administration. However, if there is no plan in place, then the estate will pass through probate court. North Carolina law governs the administration of both probate and non-probate estates, and both come with their share of nuances and pitfalls.

Contact my office today and I will be happy to help you plan for the future or walk you through the administration of a loved one's estate. I look forward to helping you navigate your case effectively!