Initial Appearance and Pretrial Release for Criminal Charge

If you or someone you care about has ever been accused of a crime, you know how helpful it is to familiarize yourself with the criminal justice system.  One of the most basic levels of this system involves the initial appearance and setting conditions of pretrial release. Initial appearances are governed by NCGS Section 15A-511.  (more…)

Theft of Cable TV Service in North Carolina

Under North Carolina General Statues §14-118.5(a), a person is guilty of Theft of Cable Television Service if he or she: (1) knowingly and willfully (2) attaches or maintains an electronic, mechanical, or other connection to, or removes, tampers with, modifies or alters (3) any cable, wire, decoder, converter, device or equipment (5) of a cable (more…)

My soon-to-be ex took charges out against me for Domestic Criminal Trespass, what is it?

There are many times when current spouses, former spouses, or even persons who lived with one another in a marriage-like relationship separate from one another. One spouse is asked or ordered to move out and the other remains in the marital home or on the premises the two occupied together. Often the spouses are separated (more…)

Helpful Hints When Dealing with a DUI/DWI

It happens more often than you’d think. Someone goes out for a couple drinks, feels fine and gets behind the wheel. Other times the person had one or two too many and made a mistake. Both situations can lead to the same charge of driving under the influence of alcohol. And it happens to a (more…)

Public Records Law in North Carolina

First, what is it? Improper Equipment (IE) is a non-moving violation and carries no insurance or DMV points in North Carolina, generally making it the best option for traffic matters, other than having the charges dismissed outright.  It is considered an infraction like a broken tail light. This means that instead of pleading “guilty” you (more…)

Navigating The Criminal Justice Process

Appearing as a defendant in criminal court can be a daunting experience for a person charged with a criminal offense.  Not only are you faced with a serious criminal charge, you are thrown into a criminal justice system that may be completely foreign to you. Your background and your particular circumstances surrounding your charge will (more…)

What is a Concealed Weapon?

Did you know you could be charged with a Class 2 misdemeanor for carrying a concealed weapon or a Class I felony for a second offense for carrying a concealed weapon, even if the item is not a gun or knife? In North Carolina, a person may be charged with carrying a concealed weapon if (more…)

Assault On A Female in North Carolina

  North Carolina General Statute §14-33 is the controlling law for assault on a female. A person is guilty of this offense if: (1) he is a male (2) at least 18 years old and (3) commits an assault (4) on a female. North Carolina recognizes two forms of assault. The first form is an (more…)

New Case Law on Aggravating Factors in DWI Cases

In Driving While Impaired (“DWI”) charges in North Carolina, the Court considers various aggravating and mitigating factors to determine how the Defendant is to be punished. The Court assigns five different levels of DWI offenders with Level A1 being the most serious and Level 5 being the least. One such aggravating factor is whether or (more…)

What to expect after you are arrested for a crime

After you are arrested on a criminal charge, you are always guaranteed the right to have a first appearance before a judge or a magistrate. The specifics of the first appearance are determined by the type of crime with which you are charged (i.e. felony vs. misdemeanor),, and whether or not you were arrested pursuant (more…)