Criminal Disputes

After being pulled over for drunk driving, a police officer will automatically ask you to take a breathalyzer test. You have the right to refuse the test. However, you should know the consequences of doing so. If you have a…

Can a Felon Own a Gun?

In 2004 the NC Legislature banned all gun ownership by convicted felons. The North Carolina Felony Firearms Act makes it illegal for a convicted felon to purchase, own, or possess any firearm. This includes gun parts and silencers, but it…

What type of Fireworks are Illegal in North Carolina?

Criminal Disputes Felonies

Fireworks are often a fun party of many holidays especially Independence Day and New Year’s however there are many legal issues when it comes to putting on a firework show yourself. North Carolina law prohibits the sale and use of…

What happens if I violate my probation?

Probation

Probation violations can lead to consequences which range in degree of severity. These consequences can be severe. The punishment for violating your probation will depend on the violation, the terms of your probation, and your criminal record. Potential punishments include…

What if I have to Register as a Sex Offender?

If you or someone you know has been convicted of a sexual offense that requires registration on the North Carolina Sex Offender Registry, there are specific conditions and requirements that must be followed to avoid additional felony charges. Personal identifying…

Lawyer are providing legal advice to clients

What is a Deposition?

Criminal Disputes Felonies

If you are currently involved in a litigation matter either as the plaintiff, the defendant, or just as a witness you may have a deposition coming up. A deposition is a proceeding where a party to the litigation asks questions…

Firearms and Felons: Can an ex-con carry?

After being released from prison, felons often struggle to re-enter society. Many rights people take for granted are lost upon the conviction of a felony and may never be returned. These rules vary on a state-by-state basis. The right to…

Can You Keep a Gun in Your Car in North Carolina?

Criminal Disputes Search & Seizure

Many people keep firearms in their car, whether it is under the seat in the glove box or on their person. However, the State of North Carolina prohibits a person from concealing a handgun in his or her vehicle unless…

What happens if I refuse a breathalyzer test?

If you are pulled over, you may be asked to take a breathalyzer test. If you have been drinking at all, this might alarm you. You may think you are fine to drive but still be worried about the test…

Stalking and Harassment

Criminal Disputes DWI/DUI

Stalking and harassment are sadly very common. One of the most unfortunate aspects of stalking and harassment is the fact that attorneys are usually needed before the offensive actions end. There is only so much that the police can do…

Underage DUI/DWI

Underage drinking is common and happens everywhere across this country. Whether it is prom night or just a run of the mill party, our teens and young adults drink underage. What makes this worse is when these same young adults…

Man holding a ball bat over his shoulder

Self-Defense in North Carolina

In North Carolina, self-defense only applies in certain circumstances. This defense is meant only to protect the innocent and must be proportional to the threat. This means you cannot be the aggressor nor a mutual combatant. This also means that…

someone opening a bottle in the driver's seat of a car

Why Can’t I Just Have A Trial On My DUI Charge?

After being charged with DUI, the last thing you want to happen is to have the charge drag on through the courts. After all, don’t you have a right to a speedy trial? Oftentimes, the answer is no. A right…

Stalking

Stalking is an old phenomenon that can be experienced in many modern ways. It can be displayed in phone calls, social media (cyber-stalking), physically spying on or following, drones or other cameras or listening devices, sending unwanted gifts or notes…

When Can I Defend Myself? Self Defense in North Carolina

In this crazy world we live in, one never knows when you may experience a threat to your life, your family or loved one’s lives, or your property. Thankfully, the law does provide several defenses and laws to enable you…

Can I Get An Expunction Of My Criminal Conviction

Expungement

Having a criminal record can create a lot of challenges. In addition to the stigma that can come with a record, it can prevent an individual from obtaining employment, getting into college, getting certified in certain trades or professions, and…

What If I Receive A Speeding Ticket?

A speeding ticket in North Carolina may seem like a simple matter, but if not taken care of properly, it may affect your license and insurance in the future. There are several options for taking care of a speeding ticket,…

A Guide to North Carolina DWI Sentencing

If you are charged with a DWI, there are several things you should know about NC DWI sentencing. From the beginning, you should understand that North Carolina is one of the toughest states when it comes to DWI’s. Now, let’s…

What Is Civil Asset Forfeiture?

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?

Can a felon possess a firearm? 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…

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