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…)

Structured Sentencing for Misdemeanors

If a person is found guilty or pleas guilty to a crime, North Carolina follows structured sentencing. Structured sentencing means the North Carolina legislator has enacted laws for the courts to follow in sentencing criminal defendants. In evaluating a defendant’s sentence, the process can be broken into four main steps: Step (1) Determine the Misdemeanor (more…)

Fantastic Lies: The Duke Lacrosse Documentary, North Carolina Criminal Law, And The Right To Remain Silent

ESPN, in its “30 for 30” series, recently aired a documentary on the Duke Lacrosse scandal entitled “Fantastic Lies”.  If you aren’t familiar with the story, the Duke men’s lacrosse team hired two exotic dancers for a party at the house of one of the team members on March 13, 2006.  One of the dancers (more…)

Open Container or Trash?

There is a big difference between driving with an open container of alcohol and driving with a piece of trash.  If you have been charged with an open container violation in McDowell County or another county in North Carolina, you may be aware that the difference is often lost on law enforcement.  This post will (more…)

Exercise Your Right To Remain Silent

Call me naïve but even after all of the evil that I have seen both in and outside the practice of law I continue to believe that most humans are good people with a moral compass.  That being said, most of us were taught wrong from right and that it is always better to tell (more…)