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…)

Did Another Citizen Take Out Criminal Charges Against You in McDowell County, North Carolina?

In McDowell County, like in other counties across North Carolina, private citizens can go before a magistrate and take out criminal charges against another private citizen.  Under the North Carolina arrest warrant law, the only requirement is that the magistrate be supplied with sufficient information to find probable cause.  If you are reading this, then (more…)

Defending Criminal Charges for College Students

Sending your recent high school graduates off to college can be an exciting yet nervous experience for many parents. Many college students are faced with new experiences that may have long-term implications on their future. Being charged with Underage Drinking, Aiding and Abetting, Possession of Marijuana or illegal substances and Driving While Impaired, are just (more…)

Am I Going to Prison? An Overview of Sentencing in North Carolina

North Carolina uses a sentencing scheme called Structured Sentencing. Structured Sentencing applies to essentially all offenses except impaired driving offenses and drug trafficking. As with any other charge, if you have been charged with one of these special sentencing charges, you should contact our offices immediately. Structured Sentencing was designed to embrace certain principles such (more…)

Can I Own or Possess a Firearm if I’ve Been Convicted of a Felony?

Generally no, you cannot own or possess a firearm if you have been convicted of a felony. This applies even if you have just been charged of a felony and not yet convicted. A firearm is “any weapon, including a starter gun, which will or is designed to or may readily be converted to expel (more…)