Carolina Law Blog

January 15, 2021

Jury Instructions on Self Defense

The North Carolina Court of Appeals, in the December 31, 2020 published opinion North Carolina v. Charles Stephens (State v. Stephens No. COA19-425), sets forth what is required for a Jury Instruction on Self Defense.

In determining what evidence is sufficient, such that the Defendant is entitled to a jury instruction on a mitigating factor or a defense, the Court must consider the evidence presented at trial in the light most favorable to the defendant.

The trial court has the duty to instruct the Finder of Fact on all features deemed substantial in a case.

December 16, 2020

Don’t get arrested for DWI in Charlotte

by Carolina Attorneys

It may seem a bit unusual for a Charlotte DWI lawyer to share an LYFT coupon code.

If we can help limit the incidences of impaired driving, DWI-related fatalities, and felony criminal charges due to impaired driving (DUI / DWI), we’d prefer you to be safe-and-sound.

Don’t take a chance with holiday cheer. Don’t drink and drive. Call LYFT and save $10 on your ride this holiday season.

December 8, 2020

Charlotte Court Cases – COVID UPDATE

by Carolina Attorneys

Criminal defense lawyers in Charlotte, prosecutors, clerks of court, law enforcement, and the legal professionals associated with court operations in North Carolina are on the front lines helping people during trying times.

The Chief District Judge in Mecklenburg County, the Honorable Elizabeth Trosch, advises Charlotte Lawyers she has contracted the Coronavirus.

We wish Judge Trosch and everyone who has contracted the Coronavirus a speedy recovery.

November 16, 2020

Practice Tips for Defense Lawyers – Preserving Issues for Appeal

by Carolina Attorneys

Jury trials, at least for criminal defense lawyers and prosecutors, represent the apex of professional life.

Prior to trial we review discovery, interview witnesses, and argue motions.

We anticipate what may or may not be admissible.

November 15, 2020

Reasonable Suspicion – Texting While Driving in North Carolina

by Carolina Attorneys

Texting while driving in North Carolina is both very common and very illegal.

NHTSA studies indicate “distracted driving” results in a substantial number of vehicle-related accidents and fatalities.

Some highway safety experts believe texting while driving is as dangerous and possibly more dangerous than “drunk driving” given how common the practice has become.

August 1, 2020

Coronavirus and Defense Lawyers

by Carolina Attorneys

Going to court never used to be a worry for criminal defense lawyers.

Ordinarily, attorneys have concerns, and a certain level of anxiousness, about the just disposition of criminal allegations and DWI charges in Charlotte.

We care deeply for clients and their well-being.

July 20, 2020

Carolina Courts and the Coronavirus

by Carolina Attorneys

Not long after publishing our most recent update on Coronavirus and NC Courts, the Chief Justice of the North Carolina Supreme Court issued Emergency Directives supplementing prior Orders regarding court operations.

Most notably, Justice Beasley in her Order:

Clarifies there will not be Jury Trials in North Carolina likely through at least the end of September 2020; and,

July 16, 2020

Coronavirus in our Courts

by Carolina Attorneys

Today we received another disturbing email, advising someone who works in the Wake County courthouse in Raleigh is positive for the Coronavirus.

Last week, criminal defense lawyers in Durham madly texted and emailed one another, sharing similar news.

The Clerk of Court in Mecklenburg County recently advised a group of family law attorneys in Charlotte that three clerks are positive and “ten times that amount” have been sent home because of possible exposure.

June 23, 2020

York County Criminal Courts – Coronavirus Update

by Carolina Attorneys

A Public Defender who works at the Moss Justice Center in York County, South Carolina has tested positive for SARS-CoV-2 Severe Acute Respiratory

Syndrome Coronavirus 2.

The Justice Center is where criminal charges in York County, which includes Rock Hill, Fort Mill, and Lake Wylie, are heard.

Other court personnel work in the Moss Center, including the Office of the Public Defender, 16th District Solicitors (prosecutors) for the State of South Carolina, Magistrates, and the Clerk of Court for York County.

May 2, 2020

Reasonable Suspicion: Can you give police the Middle Finger?

by Carolina Attorneys

Shawn Patrick Ellis created quite a kerfuffle in more ways than one.

His defiant middle finger and later refusal to identify himself to law enforcement resulted in a Superior Court criminal conviction for Resisting Officers.

On a day focused on NC court closures, continuances, and the Coronavirus, Justice Robin Hudson delivered an opinion addressing the legality of giving someone the middle finger.