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North Carolina Criminal Defense Attorneys

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North Carolina Criminal Defense Law Blog

18-year-old accused of drunk driving in fatal accident

A car accident not far from Boone resulted in the death of one pedestrian. Police have accused an 18-year-old woman of causing the crash, then fleeing the scene without stopping to aid the fatally injured pedestrian and his injured friend who was walking with him.

The two friends had attended a party together not far from the crash. They decided to walk home because they couldn't get a ride. While they were walking along Highway 105, a passing pickup truck struck both of the pedestrians. Unfortunately, one of them died. The other survived, but his current condition is not known at this time.

3 excellent criminal defense strategies

When it comes to defending yourself against a crime in North Carolina, you will want to review the facts that led to your arrest carefully. This review will determine whether or not you should admit to the alleged crimes or defend yourself against them in court. It will also determine the most appropriate criminal defense strategies to employ.

Depending on whether you admit to or deny the allegations being brought against you, you may decide to take one of the following three defense tracks:

  • A confession story: In this case, you will admit to having done what the prosecution claims you did. You may chose a confession story if the evidence being brought against you is particularly strong. By confessing, you might be able to negotiate a reduced punishment.
  • A complete denial story: If the prosecution's evidence against you weak, you may choose to completely deny all of the charges. With a well-organized defense, you might be able to achieve a verdict of not guilty.
  • An admit and explain story: An admit and explain story involves admitting to committing the allegedly criminal act, but providing a valid and lawful reason for having done it. If the court sympathises with your position here, it might chose to give you a verdict of not guilty or dismiss your case.

Nursing home director accused of drug trafficking

A Laurinburg nursing home director -- who managed a nursing home cited for countless state violations -- was arrested last year and accused of drug violations. Authorities charged the woman with two counts of felony drug trafficking in heroin/opium in March 2016. According to the Cabarrus County Sheriff's Office, the woman will soon appear in court to face the charges.

Authorities allege that the woman was in possession of Schedule IV and Schedule II drugs. The drug charges came following a routine traffic stop. First, the woman was charged with DWI and later police received warrants to arrest her for drug trafficking.

Bar Exam Day One: Good Luck and Congratulations to Our $2,500 Scholarship Winners

Today is Day One of the North Carolina bar exam in Raleigh.

The two-day "event" pits law graduates' brains (and a bit of brawn) against the somewhat notorious and arduous test used to accept or deny admittance to the legal profession.

Those who succeed with a passing score of 350 points will soon be duly licensed attorneys at law, deemed competent to represent clients, to join a law firm or hang a shingle, to become a prosecutor or criminal defense lawyer, and so on.

We wish everyone taking the bar exam today and tomorrow the best of luck.

On that note, we announce our July bar exam scholarship winners - Chris Faircloth of Wilmington and Josh Winks of Winston-Salem - who had great answers to the question:

  • What is the most pressing or interesting criminal justice story of 2016/17?

Smartphones and the Fourth Amendment: 'Most Important Privacy Case in a Generation'

The Case of Carpenter v. United States

woman with smartphone.jpg

If she's not thinking about privacy, she probably should be.

We wait with bated breath the next term of the U.S. Supreme Court, in which the Justices will hear what Motherboard calls "the most important privacy case in a generation." It's a case involving smartphones, of course, and the question is how far the government can snoop in a criminal investigation (as it usually is in cases involving the Fourth Amendment).

The Fourth Amendment

Let's begin with a brief refresher on the Fourth:

Driving under the influence of electronics: 9 people die per day

Every North Carolina driver has seen someone driving beside them while operating a smartphone. Some drivers reading this blog may even be guilty of this unlawful and highly dangerous behavior.

Considering that most people own a smartphone these days, the problem of driving while using a smartphone is only getting worse. For this reason, many states are ramping up the severity of their "E-DUI" laws. Hopefully, North Carolina will also continue to enforce its texting-while driving laws more stringently -- as well as updating the laws to be stricter.

Purple drank warning: This beverage is not legal

You might remember several years ago when "Purple Drank" -- a beverage made by mixing anti-histamine, codeine, promethazine and Sprite -- made it into the news. Rapper Lil' Wayne spoke publicly about being addicted to this Schedule V drug, which can be made from easily procurable ingredients.

Other names for Purple Drank are "Sizzurp" and "Lean" and the drug's popularity has persisted since 2003. Perhaps one of the things that has brought the drug into popularity is the fact that it's easy to make using common ingredients, and its users may not feel like they're doing anything illegal. However, as a Schedule V drug, being in possession of or selling Purple Drank can get you into serious trouble with the law.

Defending North Carolina residents against drunk driving charges

Imagine you were arrested for drunk driving late on a Saturday night after attending a party in Raleigh. The police officer pulled you over because you drifted across the centerline, and you were indeed drunk. In fact, your Breathalyzer test results showed you were double the legal limit.

After going through the harrowing ordeal of being arrested for the first time, getting booked and being put in jail overnight, you were released the next day to your mother, who came to pick you up. Everything about the situation was embarrassing and challenging, but it's not over. Now you have to face your criminal proceedings in court, and it's time for you to decide how you'll defend yourself.

Know what factors matter in a drunk driving defense

Everyone who is going to head out to Independence Day parties this weekend must make sure that they are doing what they need to do to keep the roads safe. We know that you might not even think about this, but we are sure you can agree that this is important.

One way that you can help to keep other people safe is to avoid drinking and driving this weekend. This can also help to protect you because if you don't drink and drive, you won't face criminal charges in connection with this.

Supreme Court Votes in Favor of First Amendment, Against North Carolina's Ban on Social Media

"In sum, to foreclose access to social media altogether is to prevent the user from engaging in the legitimate exercise of First Amendment rights."

- Justice Anthony Kennedy

man-with-smartphone.jpg

Last week on Monday, the U.S. Supreme Court issued a unanimous decision regarding the rights of convicted sex offenders to use social media sites like Facebook and Twitter. In essence, the Court found that the First Amendment right to freedom of speech outweighs North Carolina's law prohibiting convicted sex offenders from using sites that minor children may also use.

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