December 13, 2019

DWI Fatality Charges

DWI fatality and homicide cases, those involving murder, manslaughter, and felony death by vehicle charges in Mecklenburg County are handled by a special team of prosecutors.

Defense attorneys and prosecutors alike refer to it as the “Homicide Team.”

The lawyers in Charlotte who comprise the DA Homicide Team are some of the most seasoned courtroom attorneys I know. If you have a matter with the Homicide Team, it’s a serious criminal charge and one that deserves careful consideration by a defense attorney with substantial courtroom experience- Bill Powers

November 11, 2019

Drug Trafficking Charges

by Carolina Attorneys

Union County law enforcement officials report the recent seizure of 4 kilos of cocaine and $9,000 in cash, resulting in drug trafficking charges.

While most people understand drug charges in North Carolina can carry serious consequences, an arrest and indictment for “trafficking” may come as a surprise.

Unlike other felony drug charges, trafficking can be a bit more straightforward, if not simplistic.

October 1, 2019

Trafficking Heroin – Confidential Informant Tip Hearsay – North Carolina v. Patricia Camillo Palacios

by Carolina Attorneys

Hearsay, Tips, and Confidential Informant Evidence in trafficking charges in North Carolina can be the basis for the issuance of a search warrant and further investigation into alleged criminal activity.

Courts, prosecutors, and Charlotte criminal lawyers alike carefully review such materials, as may be made part of a Motion for Discovery, due to the potential impact and/or suppression of evidence seized pursuant to a search.

In the event a Search Warrant is predicated on information provided by a confidential informant, tip, hearsay, or another out-of-court statement, the reliability, and veracity of information provided may, in appropriate circumstances, serve as a basis for either a Motion to Suppress and a Motion of Dismiss, depending on the nature, level, and extent of constitutional violations.

September 3, 2019

Campus Police

by Carolina Attorneys

Criminal Charges in College – Campus Police

While sitting at Gate C3 at the Nashville airport yesterday, I received back-to-back panicked calls from mothers of, let’s say, University of Anytown students.

I was returning home to Charlotte after touring a prospective college with my teen-aged daughter.

September 1, 2019

Criminal Code Violations

by Carolina Attorneys

Criminal Code Reform

Who makes the criminal laws in North Carolina? Is it the General Assembly through the NC General Statutes or local municipalities 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.

August 23, 2019

Life of a Charlotte lawyer

by Carolina Attorneys

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 a 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.

August 20, 2019

Reasonable Suspicion – Middle Finger to Police

by Carolina Attorneys

IN THE COURT OF APPEALS OF NORTH CAROLINA

No. COA18-817

Filed: 20 August 2019

August 20, 2019

Search Warrant of Premises

by Carolina Attorneys

IN THE COURT OF APPEALS OF NORTH CAROLINA

No. COA17-477-2

Filed: 20 August 2019

August 20, 2019

Search Warrants

by Carolina Attorneys

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

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.”

August 11, 2019

Fear of Imminent Serious Bodily Injury and Domestic Violence

by Carolina Attorneys

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.

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.