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Articles Posted in Criminal Defense

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Hemolysis, BAC Testing, and Criminal Charges in North Carolina

Hemolysis involves the rupture of red blood cells in a blood sample. In the context of criminal charges, this can affect how accurately labs measure blood alcohol concentration (BAC). Mechanical factors like needle gauge selection, centrifugation practices, storage conditions, or simple delays can lead to hemolysis. The result may be…

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Understanding Postmortem BAC – Blood Alcohol Concentration in North Carolina Criminal Defense

This article discusses how alcohol normally travels through your body when you’re alive, how that changes once life ends, and why postmortem shifts can influence criminal defense in North Carolina. We will also explore the potential legal implications of an inaccurate or misleading BAC when the decedent—who, in criminal cases,…

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North Carolina Felony Murder Rule

In North Carolina, if someone is killed during the commission or attempted commission of certain felonies involving a deadly weapon, the offense may be charged as first-degree murder under what is commonly called the “felony murder rule.” Under this doctrine, a homicide arising from the perpetration or attempted perpetration of…

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Understanding Social Media Evidence and Admissibility in North Carolina: Insights from State v. Davenport

Using social media as evidence in criminal courtrooms in Charlotte and throughout North Carolina has become an everyday reality. Facebook messages, Instagram chats, and other online communications can strengthen or undercut a case when introduced at trial. Yet questions of authenticity—Is the social media content and the source of those…

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Understanding Pretrial Release and Judicial Discretion: A Response to the Cornelius Police Department’s Statement

Recent news out of Cornelius, North Carolina, will undoubtedly spark public discourse around defendants’ rights, law enforcement’s role, and the judicial process governing pretrial release. Specifically, an 18-year-old suspect charged with serious child sex offenses was released to the custody of his parents pending further legal proceedings. In response, the…

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Can I Drop the Charges? Understanding the Dismissal of Charges in North Carolina

A common misconception in North Carolina criminal cases is that the person making an allegation, especially the alleged victim, can later decide to “drop the charges,” or “ask the Judge for a dismissal.” It is understandable why someone might think that. In everyday life, we hear phrases like “I won’t…

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Attorney for Intent to Sell Charge in Charlotte: Understanding North Carolina Drug Laws

Facing a drug charge in Charlotte can be overwhelming, especially when that charge involves an accusation of “possession with intent to sell or deliver,” sometimes abbreviated as PWISD. These cases typically are more serious than simple possession charges. If convicted, the long-term consequences could include a felony conviction record, potential…

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The Art of Plea Negotiations and Plea Bargains

Criminal law practice extends far beyond dramatic courtroom trials. The real work of justice unfolds in courthouse hallways, conference rooms, after-hours emails, and through careful negotiations between prosecutors and defense attorneys. North Carolina criminal courts process thousands of cases each year, with resolution often coming through structured discussions and plea…

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When Can Police Officers Conduct a Patdown Search?

When can police officers conduct a patdown search, also known as a Terry frisk? The North Carolina Court of Appeals addressed this question in State v. Rowdy, providing insight into the balance between individual rights and law enforcement’s need to protect their personal safety. If you’re facing criminal charges, it’s…

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Understanding Fourth Amendment Rights in Traffic Stops

In the realm of criminal law, few constitutional protections are as fundamental as those provided by the Fourth Amendment.  These rights, which safeguard people against unreasonable searches and seizures, are continuously interpreted and refined through court decisions.  A recent North Carolina Court of Appeals case, State v. Warren Douglas Jackson,…

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