Roberts Law Group PLLC

North Carolina Criminal Defense Attorneys

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November 2012 Archives

Email Searches - Can Congress Stop Them?

Earlier this week, we posted about a cell phone search of a Rhode Island woman's phone that led to criminal charges being filed against her boyfriend in the death of her 6-year-old son. The Rhode Island legislature has since acted to require police to obtain a search warrant before going through a person's email, text messages or voice mails stored on a cell phone.

Can The Police Search My Cellphone Without A Warrant?

Maybe. At this point, it depends where you are (what state) when law enforcement searches your phone whether your personal information in your phone - such as text messages, emails and location data - can be searched by police without a warrant. Suppressing evidence of a crime because law enforcement did not follow the necessary procedures is often a key component of a criminal defense strategy.

North Carolina Man Accused Of Fraud In Hawaii

Marc Hubbard was being held in jail in North Carolina on federal fraud charges was released by order of a federal judge earlier this month. He was not free man though; the judge released him so that he could travel, on his own, to Hawaii for his arraignment on those federal charges.

Search For Moonshine Uncovers Massive Marijuana Grow House

After police found 49-year-old Kenneth Brooks in possession of moonshine during a recent traffic stop, they obtained a warrant to search his home to determine exactly where the moonshine came from. During the course of the investigation, police were able to obtain a search warrant for the building next to his home, which Brooks also owned.

Dez Wells Can Play Basketball Despite Sex Offense Accusations

This story seems to fit fairly well with our theme of the power of a sex offense allegation: before a conviction, even before criminal charges are filed, a person accused of committing a sex offense is facing an uphill battle. The consequences of a sex offense allegation often seem just as bad as the consequences of a conviction, despite the two being worlds apart, at least in the world of criminal defense.

With Sex Offenses, Accusations Are Too Often Treated As Convictions

Seven years ago, the man behind beloved Sesame Street character Elmo had an inappropriate relationship with a sixteen-year-old boy, at least according to the now 23-year-old man making the accusations. Kevin Clash, Elmo puppeteer, has taken a leave of absence from Sesame Street to deal with the fallout of what he considers to be meritless sex offense allegations.

Personal Possession Of Marijuana Legal And Illegal At The Same Time

Colorado and Washington voters decided to legalize the possession of marijuana for personal consumption in their state when they went to the polls yesterday. Anyone 21 years old or older is no longer breaking state drug laws if they possess 28.5 grams (1 ounce) of marijuana or less.

What Is An Article 32 Hearing?

Brigadier General Jeffery A. Sinclair was in Afghanistan earlier this year in support of the 82nd Airborne Division. Now he is back at Fort Bragg, awaiting an Article 32 hearing on charges of sex offenses, including forcible sodomy, engaging in inappropriate relationships and possession of pornography while deployed, among other crimes.

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