Home

Cecil Jenkins Attorney At Law

Cecil R. Jenkins, Jr. has been licensed to practice law in North Carolina since 1970 and has been providing legal advice and representation for clients in a wide variety of areas for over 45 years.

Attorney Jenkins practices law in the following areas:

  • Automobile Cases
  • Personal Injury
  • Minor Bumps and Abrasions to Death Cases
  • Worker’s Compensation
  • Job Related Injuries
  • Criminal Law
  • Misdemeanors, Felonies, Probation Violations, Drug Offenses, and Simple Assaults
  • Traffic Law
  • Speeding
  • Driving While Impaired
  • Death by Motor Vehicle
  • DMV Revocation Hearings
  • Social Security Cases
  • Estates, Wills, Power of Attorney, Healthcare Power of Attorney, and Incorporations
  • Divorces
  • Child Custody
  • Child Support

Originally from Cherryville, North Carolina, Attorney Jenkins received his B.S. from East Tennessee State University in 1965, and received his law degree from the University of Tennessee in 1970.  He has dedicated much of his life to public service, including serving two terms in the North Carolina Senate, representing Cabarrus and Mecklenburg Counties. While in the legislature, he served as Chairperson of the Insurance Committee and the Pension and Retirement Committee. He was also a member of the of the Advisory Budget Commission and National Legislative Conference Committee.

Professionally, Attorney Jenkins also serves the legal community  as a Certified Superior Court Mediator (2006-Present) and is a member of the Cabarrus County Bar Association, the North Carolina Bar Association and North Carolina State Bar. He has served at the President of the Cabarrus County Bar Association and the 19A Judicial District (President 1998-1999), was the past President of the Kannapolis Lions Club, and served on the board for the former Cabarrus Academy, currently known as The Cannon School.

When not practicing law, he enjoys his family, his church, and travelling and exploring new places.

Let His Experience Assist You!    

Automobile Cases

Automobile Cases Attorney in Concord, NC

For years, efforts have been made by engineers, politicians and law enforcement organizations to protect people from injuries sustained in  motor vehicle accidents. Engineers work to design safer cars,  politicians pass laws designed to protect people who travel on roads and highways, and law enforcement agents work diligently to enforce those laws.

Despite all of their combined efforts, accidents and injuries sustained in them continue to occur.  You may have searched for and arrived at this website because you or a family member have been  seriously injured in a motor vehicle accident — or sadly because you may have lost a loved one in a fatal car crash.

Motor vehicle accidents may involve any combination of the following:

  • Cars
  • SUVs
  • Vans and Minivans
  • Commercial Vehicles
  • Delivery Trucks
  • Semis (tractor trailers, big rigs, 18 wheelers)
  • Buses
  • Motorcycles
  • Motor Scooters
  • Recreational Vehicles and Campers
  • Cars pulling trailers and boats
  • Bicycles ridden by recreational bikers, commuters, professional messengers,  and children
  • Pedestrians
  • Trains

Causes of motor vehicle accidents include the following:

  • Human error
  • Distracted driving
  • Texting while driving
  • Inexperienced drivers
  • Driver fatigue
  • Driving under the influence of drugs or alcohol
  • Road defects
  • Weather conditions, including blinding sunlight, fog, snow, ice and heavy rain
  • Construction zones

Attorney Jenkins has handled thousands of car and truck accident cases over the span of his career.  We are very involved in every aspect of each client’s personal injury case. 

At Cecil Jenkins Attorney At Law, we offer more than 45 years of combined experience pursuing maximum compensation for accident victims and families with wrongful death claims in Concord, North Carolina, and surrounding areas. We will apply our years of experience and legal skills to help you obtain a full recovery from a personal injury claim.

Child Support

Child Support Attorney in Concord, NC

In North Carolina, several factors affect child support, including but not limited to gross income, the number of children that need support, health insurance costs and any extraordinary expenses the  child may have. Attorney Jenkins can guide you through the process used to determine child support.

Your Child Custody and Visitation agreement can affect how much child support you are entitled to receive or are obligated to pay. North Carolina uses three child support guidelines:

  • Worksheet A is used when one parent has the child less than 123 overnights during a year.
  • Worksheet B is used when each parent has the child at least 123 overnights during a year and there is a true sharing of expenses.
  • Worksheet C is used when there is more than one child and the children live with different parents.

The amount of child support determined by the worksheet is presumed to be reasonable. You can deviate from that amount, however, you must prove that the amount of support calculated is not reasonable because: a) it either exceeds or does not meet the needs of your child, or b) due to extreme circumstances, you do not have the ability to pay that amount. Deviations are rarely granted.

When the Guidelines Do Not Apply

The presumptive guidelines are presumed to be fair and are normally applied, however,  if the needs of the children exceed or cannot be met by the presumptive guideline amount, a party may file a motion to deviate from the guidelines. Also, if the parents combined incomes exceed $25,000 gross per month, the actual needs of the children, their accustomed standard of living and the parents’ abilities to pay support are considered by the court to determine a fair child support amount. Remember, both parents have a duty of child support. The child is not simply the financial responsibility of the non-custodial parent.

North Carolina Child Support Guidelines

When Child Support Can Be Changed

  • Either the payor or the recipient of child support is entitled to a recalculation every three years. If the recalculation results in a 15 percent difference in child support, the court will modify your child support to the new amount.
  • If you have an involuntary change in circumstances such as job loss or being forced to take a lower paying job, you can get a modification of child support.  The change in your circumstances, however,  cannot be voluntary.

Criminal Defense

Criminal Defense Attorney in Concord, NC

Being charged with a criminal offense can be a very stressful and unsettling time in a person’s life. Attorney Jenkins understands the urgency of his client’s situation and responds in a timely manner to each client. He will prepare you before your court date so you know what to expect to happen. His focus is to make this experience as stress free  and unnerving as possible. His goal is to use his legal experience and knowledge to obtain the best result for his clients.

At the law office of Attorney Cecil Jenkins, the client’s rights are the primary focus and he will aggressively defend those rights at every stage of the criminal process. Whether you are charged with a misdemeanor traffic offense or a felony, he and his staff are here to represent and help you through the entire process. He will use his courtroom experience and knowledge of the criminal justice system to defend his client’s rights. Attorney Jenkins has experience with:

DWI’s

Traffic Offenses

Drug Crimes

Probation Violations

Juvenile Matters

Assault

Armed Robbery

Burglary

Credit Card Theft

Domestic Violence

Drug Crimes

Drug Trafficking

Embezzlement

Expungement

Fraud

Gun Crimes

Hit and Run

Identity Theft

Indecent Liberties

Protective Order

DMV Hearing

Alcohol Offenses

Murder

The punishment for criminal offenses depends on two factors, the classification of the crime and the defendant’s prior record. Prior convictions affect sentencing differently for misdemeanor and felony cases. Sentencing can be very confusing and traumatic. Attorney Jenkins explains to each client the category of the charge(s) and what to expect at sentencing. You will receive aggressive representation with Attorney Jenkins, and he will fight to plead your innocence or if guilty, mitigate your sentence to help you avoid the most severe consequences of a criminal charge.

Custody

Custody Attorney in Concord, NC

A huge change for North Carolina families occurred in May, 2011, when Gray Ellis successfully argued in the case Baumann-Chacon v. Baumann that the trial court should have jurisdiction to determine custody and child support immediately prior to the parties physically separating from one another. The Court of Appeals has now agreed that the State’s interest in protecting minor children also includes allowing a trial court to enter an enforceable custody and child support order immediately prior to the parents ever separating. This clarification in the law should help minor children feel more secure about what will happen to them immediately after their parents separate.

Child custody is one of the most litigated issues in divorce. Attorney Jenkins can guide you through the process used to determine child custody in North Carolina.

There are two types of child custody in North Carolina:

  • Legal custody refers to the right and responsibility to make decisions for your child and to access major records, whether educational or medical, for your child. A vast majority of the time, parents in North Carolina will have joint legal custody.
  • Physical custody refers to where the child will live and the amount of time each parent with spend with the child in terms of overnights. In some cases, one parent will have primary child custody and the other parent will have visitation, and in others they will have joint physical custody.

Mediation in Child Custody Disputes

If you and the other parent cannot agree on a child custody and visitation arrangement, the court will refer you to mediation. The only times when mediation may be waived by the court is when there are issues of domestic violence and drug abuse, or when one parent lives more than 50 miles away from the jurisdiction.

The North Carolina Administrative Office of the Courts (AOC) will provide you a free mediator through your county court system. As your lawyer, Attorney Jenkins can answer any questions you have about the process.

If you and the other parent agree on a mediated solution, it will result in a parenting agreement. As your lawyer, Attorney Jenkins will review your mediated parenting agreement and make sure you understand it before you sign it. After the judge signs this agreement, it will become a court order.

If mediation is not successful, your next opportunity to resolve your child custody case may be at a temporary hearing before a judge.

Did You Know?

  • Grandparents can seek visitation rights in North Carolina.
  • Third parties can seek child custody in North Carolina. This typically happens when the biological parents are unfit or unable to care for their children.

Divorce

Divorce Attorney in Concord, NC

Many North Carolina couples who want to divorce are shocked to discover that they have to be separated for one year and one day before their marriage can be dissolved. Cecil Jenkins Attorney At Law can explain the legal process of divorce and your options.

North Carolina has two types of divorce:

The first is an Absolute Divorce. An absolute divorce is the action that terminates the marriage. An absolute divorce is not based on fault, but rather a separation of the spouses for at least one year and one day with at least one spouse having the intent for that separation to be permanent. Only a court can give a couple a divorce; parties to a marriage cannot contract to be divorced. Contrary to popular sentiment, there is no requirement that both spouses “sign” for the divorce. As long as you meet the jurisdictional requirements to obtain a divorce, there is little  your spouse can do to stop the divorce judgment from being entered. If you receive a complaint for absolute divorce without spousal support and property division being resolved by written agreement or by the court, you may lose these rights forever if you fail to respond in the appropriate legal manner required. If you are served with a complaint for absolute divorce it is imperative that you meet with an attorney immediately to discuss your rights and what you need to do to protect them before they are lost.

The second type of divorce is a Divorce from Bed and Board. Divorce from Bed and Board arises when there has been some type of uncondoned and unprovoked marital misconduct such as substance abuse, abandonment, adultery, domestic violence, etc. It is a legally sanctioned separation and cuts off certain liability one spouse has for the other. A divorce from bed and board claim is infrequent, but may be appropriate in certain situations. It is important to discuss with your attorney if this type of claim is appropriate in your situation.

It is important to note that just because you have to wait one year and one day to divorce doesn’t mean that you cannot resolve all of the other issues surrounding your divorce such as child custody, visitation, child support, spousal support, and marital property division.

Estate Planning

Estate Planning Attorney in Concord, NC

Trying to determine how to handle and protect your assets during your life and at your death can be a very difficult and uncomfortable task. Estate planning is a way to protect the financial well-being of your family and loved ones. Attorney Jenkins will handle each client with compassion and understanding. He takes the time to listen and understand each  client’s goals. He uses a very personalized approach in developing an estate plan to match the needs of each client. His recommended solution will be based on his  legal knowledge and experience matched with his compassion and understanding of each client’s unique goals.

Estate Planning Services include:

Wills

Wills Attorney in Concord, NC

A person’s estate will be distributed through North Carolina’s Intestacy laws if a person dies without a Will or Trust. How North Carolina Intestacy laws will distribute an estate may not reflect how the person who passed wanted their estate to be distributed. Therefore, while it may be an uncomfortable and unpleasant topic to discuss, it is critical to draft a Will or Trust if you want to decide who gets what from your estate at your death.

If done correctly, this estate planning can alleviate a lot of unnecessary stress and heartache for your family at the time of your death. A will is a legal document that allows a person to control how and to whom their assets will pass at their death. Drafting a will properly and accurately is imperative to assure that the will is legally enforceable and the assets are distributed according to the terms of the drafter. There are certain legal procedures and wording that need to occur for the will and testament to be legally valid. It will be our goal to match your intentions with our legal knowledge and experience to make sure the estate is distributed to your wishes.

Living Wills

Living Wills Attorney in Concord, NC

A health care power of attorney permits someone else to make medical decisions when the principal is temporarily or permanently unable to make those decisions. A Living Will states that you want to die a natural death if you are terminally ill or in a persistent vegetative state from which you will not recover. A Living Will is often called a “Declaration of a Desire for a Natural Death.”

The advantages of a living will have been widely publicized by the Nancy Cruzan case, whereby the Florida woman did not have a Living Will and was kept alive for seven years despite repeated requests by her spouse that she be allowed to die. After several years of court battles, she was allowed to die in 1990 after a court determined there was “clear and convincing” evidence that she would not want to be kept alive in her vegetative state. To prevent these types of family squabbles and ease the terrible burden from being placed on loved ones during a medical crises, it is important that you decide these matters when you are of sound mind and furnish them to your family and physician.

Personal Injury

Personal Injury Attorney in Concord, NC

Life is complicated even on a typical day. A serious personal injury can throw a wrench into an entire way of life — for an accident victim and his or her family. You owe it to yourselves to seek out an experienced personal injury lawyer after an accident caused by someone else’s negligent actions.

Attorney Jenkins offers more than 45 years of combined experience pursuing maximum compensation for accident victims and families with wrongful death claims in Concord, North Carolina, and surrounding areas. He will apply those years of experience and legal skills to help you obtain a full recovery from a personal injury claim.

Traffic Violations

Traffic Violations and Tickets Attorney in Concord, NC

Most people have received at least one traffic ticket at some time in their life.  No matter how careful of a driver you are, odds are that you will eventually get into one. It is an unpleasant occurrence, but do not let that blue light ruin your day! Attorney Jenkins can help reduce the stress, inconvenience and financial impact associated with receiving that ticket.

In many cases, you can sign a waiver, authorizing him to represent you and your appearance in court will not be necessary. By choosing Attorney Jenkins, you can be confident that your case will be handled by a competent and dependable professional, whose goal is to achieve the best possible result for you. Many times, he can resolve your matter in a way that would have little to no effect at all on your insurance.

Traffic Violations may include:

  • Speeding
  • Driving While Impaired
  • Death by Motor Vehicle
  • DMV Revocation Hearings

Please call our office today – 704.786.2189!

Waiver Form

Click here to download a PDF of our Waiver Form.

When you complete the form please fax to Cecil Jenkins at 704-784-3811

Cecil Jenkins Attorney At Law
964 Copperfield Blvd.
Concord, NC 28026