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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A recent unpublished opinion by the NC Court of Appeals reminds family law attorneys and criminal defense lawyers alike that “fear of imminent bodily injury” is a subjective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.

Body Camera LawPrior to the passage of HB 972, the “Body Camera Bill” in 2015, there were legitimate concerns about the law and how it would be applied.

Given the maelstrom that now exists in the Queen City regarding yet another “officer-involved shooting,” and the lack of transparency in the turning-over of video, reasonable minds may ask, “Do we need to revisit the NC body camera laws?”

The law regarding Law Enforcement Agency Recordings, as set forth in N.C.G.S. 132-1.4A, and its interpretation, has been at best problematic.  Police departments only reluctantly turn over video.  Officers fail to activate recording equipment.

Criminal-Defense-Lawyers-300x200Charlotte is on track to set a new homicide record in 2019.

While quite a dubious distinction in and of itself, the developing metric fails to express the full nature and extent of a much larger problem in Mecklenburg County.

The overall crime rate and criminality are on the verge of becoming all-consuming issues for citizens, politicians, and the media in our beloved, friendly southern town.

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?”

News outlets continue to report a spate of DUI wrecks in the Carolinas.  Contrary to the narrative spun by senior law enforcement officials, ride-sharing apps like UBER and Lyft have not eliminated the dangers of alcohol-related wrecks and deaths in Charlotte.

Drunk driving fatalities have increased while the number of arrests and criminal charges have dropped, if not fallen off the cliff.

That’s not something you just “notice” without taking affirmative steps to remedy the problem.  Enforcing the NC DWI laws is not a priority to senior leadership at CMPD.

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.