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Articles Posted in Criminal Defense

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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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Lab Reports, Expert Witness & Courtroom Testimony for Criminal Charges 

The United States Supreme Court recently addressed the question of whether the Confrontation Clause of the Sixth Amendment is violated when a substitute analyst provides expert witness testimony about the results of forensic testing performed by a non-testifying analyst. The Court held that when an expert, in this instance a…

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The Nitrous Oxide Dilemma: Legal Implications for Users and Distributors in NC and Beyond

Nitrous oxide, often referred to as “laughing gas,” has long been a staple in medical and dental settings due to its anesthetic properties. However, its recreational use and distribution have become increasingly complex legal issues, particularly in North Carolina. For those concerned about potential criminal charges or simply seeking information,…

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College Life and the Law: A Charlotte Student’s Guide

As Charlotte’s vibrant campuses come to life with the energy of a new academic year, students are embracing the freedom and opportunities that college life brings. However, this exciting chapter also comes with new responsibilities and potential legal pitfalls that many students may not anticipate. This guide aims to shed…

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Fireworks in North Carolina: What You Need to Know to Stay Legal and Safe

As the summer heats up and we’re celebrating the 4th of July, many North Carolinians aren’t all that sure about the rules surrounding fireworks. Unfortunately, sometimes not knowing the NC fireworks laws ends up with otherwise law-abiding citizens getting charged with a misdemeanor and all that entails. Whether you’re planning…

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