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Roberts Law Group PLLC

North Carolina Criminal Defense Attorneys

North Carolina Criminal Defense Law Blog

Vehicle seizure in North Carolina for a DWI

For most people, a vehicle is one of their most important possessions. From work to school to shopping to traveling, a vehicle provides both a necessity and a convenience.

North Carolina law enforcement, however, will not let that prevent them from seizing a repeat DWI offender's vehicle. In fact, there are two reasons why someone charged with impaired driving may have his or her vehicle seized:

Part II: Firearms Rights Restoration - Are You Eligible to Have Your Rights Restored in North Carolina?

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Here is what you need to know. In general, you are only eligible to file a petition if you meet the following requirements:

  1. You can only have a single felony conviction on your record (or multiple convictions from the same incident in some circumstances).
  2. The felony must be non-violent.
  3. It must have been at least 20 years since your felony conviction.

If you believe you meet these requirements, it might be possible to restore your right to own or possess a firearm in North Carolina. Continue reading to learn more about the process.

What are the laws on online solicitation in North Carolina?

The Internet has brought an entire new world to the masses. Many parents, though, are concerned about how their children are treated while online and worry about ways to protect them. The best way is to always monitor their online activities.

For those in North Carolina who are accused of online solicitation, they may feel as though they were entrapped by law enforcement. Understanding the laws governing online solicitation can help those accused of this crime present a strong defense. Here are the basics:

Part I: Firearms Rights Restoration - A Brief History of Firearms Rights in North Carolina

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The Second Amendment: Right to Keep and Bear Arms

Of course, in any post concerning firearms rights, you're going to hear about the Second Amendment to the U.S. Constitution. It reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." The recent and more widely known debate about firearms concerns whether the Second Amendment protects the right of citizens to keep and bear firearms of any and all types, even those (like assault rifles) that can cause major harm in the wrong hands.

But there's another issue concerning the Second Amendment that's no less important.

Good Samaritan laws and drug overdose immunity in North Carolina

Since 1990, drug overdoses in this country have tripled. The increasing abuse of prescription opioids is one of the main reasons for this increase.

Many people have been fearful of calling 911 or otherwise contacting emergency responders. They are worried that they will be in trouble with the police. As a result, several states, including North Carolina, have passed Good Samaritan laws when it comes to drug overdoses.

What are the penalties for a federal crime like Medicare fraud?

When someone is charged with Medicare fraud, it is a federal crime. This means that the penalties quickly become very serious.

Medicare fraud can be committed by a single individual, a group of people or an institution. Some examples of Medicare fraud include:

Questions about North Carolina blood alcohol concentration tests

For those who have never been charged with a DWI in North Carolina, there may be a lot of questions surrounding the blood alcohol concentration tests. Below, you'll find the answers to some of the more frequently asked questions on the subject.

-- Is a breath test the only way to measure blood alcohol concentration?

How is DNA used in a sex crimes case?

In many sex crime cases, there is no DNA evidence found that can be used at trial. However, for the cases that do involve DNA evidence, it can be difficult to build an effective defense. An experienced criminal defense attorney, though, can determine if there was an error when the evidence was collected, stored or processed -- all of which can provide reasonable doubt in the minds of a judge or jury.

DNA is found in every cell in our bodies. It determines the color of our skin, hair and eyes. It is found in blood, sweat, urine saliva, skin tissue and semen. On an alleged victim of rape or similar sex crime, DNA might be found on his or her body or clothing, on furniture, drinking glasses, cigarette butts and more.

Alleged drunk driver crashes, woman killed in wreck

A retired schoolteacher is dead and the other driver who caused the wreck is now behind bars following a fatal collision in Elizabeth City, North Carolina, last month.

The 30-year-old driver was driving with his four children in his minivan when he collided with a retired schoolteacher's pickup truck, causing it to roll over. She died at the scene of the crash on Body Road.

What are the laws on gun ownership in North Carolina?

In North Carolina and all other states, federal law prohibits some people from possessing, transporting, shipping or receiving explosives, firearms or ammunition. The possession of a firearm may be constructive or actual.

Constructive possession of a firearm means that you are aware there is a firearm in your car, residence or some place similar and you can access that firearm either by yourself or through someone else. The court could consider that you have constructive possession of the firearm. Actual possession means the firearm is actually in your possession.

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