Articles Posted in Criminal Defense

Criminal Code Reform 

Who makes the criminal laws in North Carolina?  Is it the General Assembly through the NC General Statutes or local Criminal Ordinances in North Carolinamunicipalities through Criminal Code Violations?

The answer presently is, “both.” That may be about to change, albeit at a glacier-like pace.  It seems “Criminal Law Reform,” as Senate Bill 584 entitles the new law on criminal laws, takes time.

They say difficulties come in threes.  I don’t know if I necessarily subscribe to that proverb, especially as it may relate to the life of Lawyers Near Mea Charlotte lawyer.

It’s not that “stuff” doesn’t happen.  It’s just that it happens all the time, one thing after another.

My days in court sometimes remind me of the description of weaving in DWI charges: A relatively regular pattern of lateral movement with one steering correction closely followed by another.

Search Warrants are subject to Fourth Amendment protections against unreasonable searches and seizures. Search Warrants

Without “probable cause,” a search is ordinarily deemed “unreasonable” and therefore improper.  As is the case with many legal issues involving criminal charges, there are certain exceptions.

Searches of a home or residence invite additional scrutiny by Courts, given there is a substantial expectation of privacy within “hearth and home.”

Subjective Fear in the 50B Protection Order Context

A recent unpublished opinion by the NC Court of Appeals reminds family law attorneys and criminal defense lawyers alike that “fear of imminent bodily injury” is a subjective standard and need not be objectively reasonable.DVPO Complaint

That may come as a surprise to some, given the Court also recently pointed out some of the dire consequences of even being accused of Acts of Domestic Violence.

It happens.  Sometimes people charged with a criminal offense forget about a court appearance and need help “recalling warrants” or striking an Order for Arrest.Orders for Arrest

You may have even been scared and decided not to appear in court on the assigned date, later realizing that only made a bad situation worse.

It’s also possible to have multiple cases pending in the same or even different jurisdictions, making it hard to keep track of everything.  Missing court can happen for a lot of very good reasons and is not terribly unusual.

Have an upcoming court appearance?

A lot of people don’t have experience with legal matters.  As such, it’s understandable you may not know what to expect, what to do, or how to act in court.  That’s normal.

Two of the most common questions we get is, “What should I expect in court?” and “What should I wear?”

Battle with AddictionLet’s call him Andrew.  We spent some time together last week.  Quick to smile, self-deprecating, and genuinely appreciative as a client, I’ve liked him from the start.

I could immediately see Andrew was agitated, but most people wouldn’t have picked up on that. I gave him the head nod and we silently walked out of the courtroom and into the hallway to talk.

Andrew didn’t start this conversation with his usual smile.  He was polite as ever, immediately apologizing for the purpose of our being there.  This time, things were different.

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