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North Carolina Criminal Defense Attorneys

North Carolina Criminal Defense Law Blog

'Booze It & Lose It' campaign results in fewer DWI arrests

There were more DWI checkpoints and patrol units on North Carolina highways than usual between March 13 and March 17. The state's "Booze It & Lose It" campaign targeted impaired drivers over the St. Patrick's Day holiday.

This year, law enforcement arrested 785 people for DWI, which is fewer than the over 800 people arrested last year. According to one sergeant in the state's highway patrol, "We were definitely out there. Maybe people are starting to get the idea to not do that."

Government employees arrested for various child porn, sex crimes

The Internet has certainly changed the world in which we live. Virtually anything can be found online and that includes millions of images of child pornography. What once used to be hidden away in homes is now found all over the Internet.

According to federal statistics, child exploitation and pornography cases have increased. Between 2007 and 2012, over 11,447 people have been charged with such sex crimes as the sexual exploitation of a minor. According to a review of public reports and records, in the past 10 years, at least 22 federal, state and local employees have been convicted of child sex crimes involving child pornography to violent acts against infants.

Arrested For Drug Abuse? Here's One Way to Avoid Conviction

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Avoid Conviction with Conditional Discharge

If you've been arrested and charged with drug possession for the first time (and in rare cases sale or distribution), North Carolina law allows for "conditional discharge" in some cases.

In general, conditional discharge means that if you fulfill court-ordered substance abuse counseling and/or community service, you can avoid having a conviction entered on your record. In some cases, a good defense attorney can persuade a court to allow you to receive a conditional discharge, even if you have a prior drug conviction. See State v. Clark (January 20, 2015) (because defendant's prior drug conviction was more than 7 years prior, the court had the authority to conditionally discharge defendant's possession of cocaine charge).

This means no jail time. No criminal record. In other words, in those cases that allow for conditional discharge, your future will remain alive and well.

If you or a family member has been arrested on a drug charge, call defense attorney Patrick Roberts today at 866-630-2389. We will answer your questions about conditional discharge. You may also read below to learn more about who might benefit from this law and why.

Facing Criminal Charges? How a Bit of 'Preventive Law' Could Have Helped You

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You've heard of preventive medicine. In general, preventive medicine is the idea that you can take steps to manage or even prevent injury and illness by proactively taking care of your health through diet, exercise, etc.

Have you heard of preventive law?

As a concept, preventive law has been around for a while, but it's not nearly as commonplace as preventive medicine. With preventive law, you try to find ways to stop potential legal problems from becoming worse. In the best of circumstances, preventive law might even stop a legal problem from happening in the first place.

Take criminal charges, as one example.

If only you had known about preventive law and taken advantage of it ahead of time. It's quite possible that (1) you already would have known who to call when you got in trouble and (2) you may have prevented the situation from getting worse than it already is.

Supreme Court to determine drug search case in North Carolina

After pulling a car over in North Carolina, the police discovered that a person in that car had drugs. This person was then arrested, police found more drugs in his apartment, and the case went to trial. That court found that the police did not do anything wrong during the search, so an appeal was made, and the appeals court found just the opposite, saying that the police were not within their rights to carry out an apartment search. To get a final ruling, the state's Supreme Court is going to have to weigh in.

So, why was there so much controversy? The issue is that the police were clearly looking for the drugs and used the traffic stop as an excuse to carry out a further search of the man's apartment. They were watching the apartment, already believing drugs were on the premises, and they followed the man when he left.

Can I sell my stuffed polar bear, rhino horn and whale teeth?

The U.S. Fish and Wildlife Service has a lot of laws that govern what we are allowed to buy and sell in the United States. Usually, if you are wondering whether or not it is legal to sell an item, it warrants investigating the law on the matter and possibly consulting with an attorney. In the case of rhino horns, stuffed polar bears and whale teeth, the law is pretty clear.

Rhino horns can be found in the form of dagger handles, libation cups, trophies, carvings and jewelry. If you are in possession of a rhino horn, the item cannot be sold internationally; however, there could be certain exceptions. If you would like to import a rhino horn into the United States, you will definitely require a permit. If you are in possession of a rhino horn inside the United States after import, selling it is permitted unless restrictions were placed on the item at the time of importation.

Part III: Firearms Rights Restoration - Making a Constitutional Challenge to Restore Your Right to Own or Possess in North Carolina

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SECOND AMENDMENT: SUBJECT OF HOT DEBATE

Debating the Second Amendment is not something we will do here. All we will say is that the Second Amendment is open to interpretation based on history and context. Well-meaning people can argue that the average law-abiding citizen has the inviolable right to own or possess a firearm. Other well-meaning people may argue that the right only goes so far, or does not apply to the individual citizen at all.

What are the laws regarding indecent exposure in North Carolina?

When someone exposes his or her "private parts" in a public place and in the presence of one or more individuals, he or she can be charged with indecent exposure in North Carolina. There are, however, some stipulations that deal with specific parts of the definition of indecent exposure.

What is the definition of a public place in the indecent exposure law? The courts in North Carolina have ruled that a vehicle parked in a public parking lot is considered to be a public place. Another place that can be considered public is a creek embankment next to a backyard.

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.

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