Criminal Disputes

Civil asset forfeiture is a practice used by federal and state law enforcement agencies to seize the private property of citizens if it was obtained illegally or using funds from illegal activity. If the government has taken your property as…

Criminal Penalties for Identity Theft

Identity theft can take many forms, including the following: Forged checks Using someone’s personal information to get a credit card or obtain a loan Stealing credit or debit cards and using them to make purchases or withdraw cash Stealing someone’s…

Embezzlement Crimes in North and South Carolina

Embezzlement is a white-collar crime that involves stealing money or property from an employer, client or someone else who has placed their trust in you. Unlike larceny, embezzlers take advantage of their relationship to the property owner in order to…

State vs Federal Criminal Charges

There are some critical differences between federal and state criminal charges. The type of offense, length of a potential prison sentence, and the resources available to the prosecution can all be quite different when comparing a federal and state criminal…

Criminal Defense for Juvenile Crime

It’s a stressful situation whenever your child is charged with a crime. Many juvenile offenses are relatively minor, but you may still want to consult with a criminal defense attorney to get the best possible outcome for your child’s case.…

Expunctions of Criminal Records

Expungement

Do you have a criminal charge or conviction that continues to show up when applying for housing or employment? You may be eligible to have that crime removed from your criminal record through an expunction, which is also referred to…

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,…

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…

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 with a felony and not yet convicted. A firearm is “any weapon, including a…

Why it’s Nearly Impossible to Win a Probation Violation

Probation

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…

How to Reduce your Bail Bond on a North Carolina Criminal Charge

The setting of a bail bond is a way for the court to ensure that a person obligated to appear in court will do so. It also is supposed to protect the public from potentially dangerous defendants. In practice, it…

Probation Violations

Probation

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…

Traffic Stops and the 4th Amendment

Search & Seizure

When the framers of the constitution drafted the 4th amendment, it is safe to say they could not anticipate the invention of the automobile and certainly not their essential function in the daily life of Americans. Fortunately, the constitution was…

Who Qualifies for an Expungement?

Expungement

There is a laundry list of qualifications that a petitioner must meet before they are eligible for an expungment. These qualifications are outlined in Article 5 of the North Carolina General Statutes and more specifically in § 15A-145 through §…

Pre-Trial Limited Driving Privilege for a DWI Charge

In North Carolina, when an individual is charged with a DWI, their license is taken for 30 days. This is what is called a “30-day Civil Revocation.” During this period, the defendant cannot operate a motor vehicle or they will…

Helpful Hints When Dealing with a DUI/DWI

It happens more often than you’d think. Someone goes out for a couple of 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…

“Reasonable Suspicion” Necessary for DUI/DWI Traffic Stops

Temporary detention of individuals during the stop of a vehicle by the police, even if only for a brief period and for a limited purpose, constitutes a “seizure” of a “person” within the meaning of Fourth Amendment of the US…

New Case Law on Aggravating Factors in DWI Cases