The Rule of Law is not just a value, a tradition, or a preference. It is the operating principle of the United States government and the foundation upon which legal rights, public institutions, and constitutional safeguards depend. The Rule of Law in the United States does not mean that laws…
The Client Behind a Guilty Plea That I’ll Never Forget Some cases stay with you long after the courtroom clears. This is the story of a mentally ill client who entered a guilty plea in a murder case, and the extraordinary moments that followed. What he carried and what he…
Sentencing and Consequences of Felony Death by Vehicle Convictions Felony Death by Vehicle is classified as a Class D felony in North Carolina. While almost all Class D felonies require active prison time, there is an extremely important exception. N.C.G.S. § 20-141.4(b)(2) allows a judge to impose an intermediate sentence…
Every criminal defendant is entitled to a fundamentally fair trial. In North Carolina’s two-tier system, a defendant convicted in District Court (the lower criminal court) can seek an appeal from district criminal court to Superior Court for a fresh trial. But does this trial de novo appeal truly safeguard the…
Being charged with a sex offense in North Carolina, regardless of whether there is a dismissal, can have long-term legal and personal consequences. While the formal legal obligations that apply after a conviction, such as sex offender registration or satellite-based monitoring, do not automatically attach to a pending charge, there…
Satellite-based monitoring (SBM) is a form of long-term electronic surveillance imposed by the courts in certain criminal cases involving sex offenses in North Carolina. Although it shares some similarities with electronic monitoring during probation, SBM is not limited to a period of court supervision. It can continue for years after…
In North Carolina, the legal obligation to register as a sex offender does not apply to every offense that involves sexual behavior. Instead, the state defines a specific group of criminal convictions, called “reportable convictions,” that trigger mandatory registration. Understanding who must register, how the law defines qualifying offenses, and…
What is Felony Death by Vehicle Under North Carolina Law? Felony Death by Vehicle, as outlined under N.C.G.S. § 20-141.4, occurs when someone unintentionally causes the death of another while operating a motor vehicle and simultaneously commits the offense of Driving While Impaired (DWI). In other words, Felony Death by…
In North Carolina, the presumption of innocence is more than a phrase. It is a legal principle that defines how the criminal justice system is supposed to treat you if you’ve been accused of a crime. But in real life, this idea is often misunderstood. You may hear it said…
Defense lawyers don’t talk about it much. Not in CLEs. Not in chambers. Not even in the back halls of the courthouse, where truth slips out in whispered voices. We talk about strategies. We dissect rulings. We joke, sometimes darkly, because it keeps the walls from closing in. The emotional…
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