Why it’s Nearly Impossible to Win a Probation Violation

If you’ve ever experienced a criminal conviction, chances are you may have been placed on probation.  If you are ever in the unfortunate position to be placed on supervised probation, be sure to take it very seriously and to form a good relationship with your Probation Officer.  The reason this is so important is that (more…)

DWI Pretrial Limited Driving Privileges

You’ve been charged with Driving While Intoxicated. Waves of anxiety overcome you as you think about a possible conviction, longterm consequences on your criminal record, and the immediate impact on your ability to drive and accomplish day to day tasks. The date you were charged with the DWI, the arresting officer likely took your Driver’s (more…)

School Bus Laws

The 411 on School Bus Passing Safety Now that it is officially fall, and you have hopefully figured out your little ones’ school schedules, fallen in love with their teachers, and have finally figured out the perfect portion of peanut butter to jelly to make the perfect lunch!  But have you reviewed the rules for (more…)

NC still on the fence as to whether convicted felons may possess firearms in an emergency

North Carolina law prohibits a person who has been convicted of a felony from possessing a firearm. The prohibition, set forth in G.S. 14-415.1, contains narrow exceptions, such as for antique firearms. The question has arisen in several cases whether a person with a prior felony conviction may possess a firearm if necessary to defend (more…)

Removal from the Registry

Getting off of the sexual offender registry is no easy task and for good reason.  Sexual offenders have the highest rate of recidivism or likelihood in repeating a related offense.  The need to monitor these types of offenders has been deemed a paramount concern by North Carolina’s General Assembly, which led to N.C. Gen. Stat. (more…)

Bond Forfeitures: Diligent Bondsmen are Rewarded

Under N.C. Gen. Stat. 15A-544.1-544.8, Diligent Bondsmen are rewarded  by almost always getting their bonds back so long as they do what they are supposed to do under the statute. Bondsmen can accomplish this by filing what is called a “Motion to Set Aside” in which they ask the court to set aside the bonds (more…)

PROBATION VIOLATIONS

Many times, if someone is convicted of a crime, probation is one of the consequences that the person has to face. And, unfortunately, being on probation almost always sets someone up for failure because, if any of the terms and conditions of your probation are violated, you can be charged with a probation violation – (more…)

Brock Turner Sentencing & NC

Recently, there has been a public outrage regarding the recent sentencing of a sexual assault conviction by Judge Aaron Persky of California.  Judge Aaron Persky of Santa Clary County, California sentenced Brock Turner, a twenty year old swimmer of the prestigious Stanford University, to a six months jail sentence for the January 2015 sexual assault (more…)

Overview of DUI’s in North Carolina

In North Carolina, Driving Under the Influence is treated differently than any other crime in the state. DUI’s have their own sentencing guidelines and the impaired driving laws are constantly changing. If you find yourself charged with Driving Under the Influence, it is imperative to hire a knowledgeable attorney because a lot is at stake. (more…)

DRIVING AFTER CONSUMING WHILE UNDER AGE 21: PUNISHMENT AND POSSIBILITIES

A conviction for driving by a person less than 21 years old while consuming alcohol or after consuming alcohol with any amount remaining in the driver’s system is a Class 2 misdemeanor. N.C. Gen. Stat. § 20-138.3(c).  Where the Defendant has no prior conviction, a Class 2 misdemeanor carries with it a sentence of 1 (more…)