Criminal Disputes

Criminal Disputes Search & Seizure

It is often said and widely accepted that ninety percent (90%) of criminal cases never make it to trial, due to plea bargaining. A plea bargain is an agreement between a defendant and the prosecutor for a lighter punishment in…

Examining Probable Cause: The Smell of Marijuana and Vehicle Searches in North Carolina

It has been long established in North Carolina that the smell of marijuana alone gives arresting officers probable cause to search automobiles for marijuana. Important to note, probable cause is defined as follows: “a reasonable ground of suspicion, supported by…

North Carolina Limited Driving Privileges After DUI Conviction: Eligibility and Typical Conditions

Criminal Disputes DWI/DUI

In North Carolina, limited driving privileges may be available to individuals who have had their driver’s license revoked due to a DUI (Driving Under the Influence) conviction. These limited driving privileges allow individuals to drive for specific purposes during the…

NC Protections Against Evidence Obtained During Warrantless Searches

Criminal Disputes Search & Seizure

In the United States, the Fourth Amendment of the Constitution guarantees protection against unreasonable searches and seizures. However, there may be circumstances when law enforcement officers conduct searches without obtaining a warrant, raising concerns about potential violations of individuals’ civil…

Is it Illegal to Text While Riding a Horse in NC?

Say one day you decide to ride your horse. You saddle him, put on his bridle, and climb aboard. You also decide to ride on the public road outside your house. While you are riding, you receive a text message…

Understanding Speeding Ticket Law and Defenses in North Carolina

Receiving a speeding ticket can be an unwelcome and frustrating experience for any driver. However, it’s important to remember that in the state of North Carolina, there are specific laws and potential defenses that can help you navigate this situation.…

Third Party Disclosure and the Fourth Amendment: What You Need to Know

Criminal Disputes Felonies

Under the Fourth Amendment’s “Katz” test, the Fourth Amendment is implicated if a suspect’s reasonable expectation of privacy is infringed on. A suspect does not receive Fourth Amendment protection for any information that they knowingly expose to the public. Regarding…

The Criminal Conspiracy in How to Get Away With Murder: Exploring Real World Consequences

The plot is not uncommon: a daring protagonist propels themselves into a monumental crime scheme and is compelled to join forces with their fellow characters to carry out a specified plan. These criminal conspiracies are frequently depicted in movies and…

Probation

Probation is defined as the release of an offender from detention, subject to a period of good behavior under supervision. Offenders often receive probation in exchange for jail time, and if they violate the conditions of their probation, they will…

Search and Seizures

Search & Seizure

During interactions with law enforcement officers, individuals often are concerned with their rights being violated such as their right to privacy during a search or seizure. Most individuals consider their home and personal items to be their private property and…

What Happens When a Minor Is Charged With a Crime?

Criminal activity is not always reserved for adults, and statistics make that clear. According to a 2019 study from the United States Department of Justice, there may be nearly 700,000 juveniles arrested in a given year. Most frequently, juveniles are…

Can You Get Points Removed from Your Driver’s License?

You may have heard about the dangers of getting “points” on your driver’s license, but what exactly does that mean? Points are essentially marks against drivers for breaking the rules of the road. There are many infractions that can result…

5 Things to Do When You are Pulled Over

Whether you have never been pulled over before or you have been stopped many times, seeing blue lights behind you can be very anxiety-inducing. However, following a few guidelines can ensure your safety, prevent additional charges, and strengthen your case…

How Can the Police Prove Impairment in DUI Marijuana Cases?

Drug Possession DWI/DUI

Most North Carolina residents assume that DUI and DWI charges are reserved for drunk drivers. However, the official name of the crime is Driving While Impaired (DWI). This means that those under the influence of substances like marijuana may also…

Reasonable Suspicion for a DUI/DWI Charge: Is Swerving Enough?

Being charged with a DUI/DWI offense (“Driving Under the Influence/Driving While Intoxicated) is a stressful event for anyone should you find yourself in that situation. You could have your license revoked, lose your job, and be shamed by the community.…

What Is Reasonable Suspicion?

Search & Seizure

You have heard it used in crime shows such as Law & Order, and maybe you have even experienced it firsthand after being stopped by a police officer. The question remains: what does reasonable suspicion mean? Reasonable suspicion is a…

Can I Refuse a Breathalyzer Test?

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