In North Carolina, you have the right to refuse to take a breathalyzer test. In fact, the person administering the test – the police officer himself or the breathalyzer technician – is required to provide you with a written explanation of your rights.
If you are able to have someone – including an attorney – [...]
Monthly Archives: February 2010
DWI Raleigh Breathalyzer Refusals
North Carolina Criminal Lawyer: Malicious Maiming
Be careful if you ever try to put out the eye of another person. It’s a Class C felony in North Carolina, although it must be malicious. Accidental maimings don’t count under this statute.
Here’s the statute:
§ 14-30. Malicious maiming.
If any person shall, of malice aforethought, unlawfully cut out or disable the tongue or put [...]
North Carolina Criminal Lawyer: Profiting from Crimes
Can you profit from your crime in North Carolina? What happens if you commit a crime, and then attempt to profit from it either from collecting on life insurance – for instance, you’ve killed someone and want to collect on the insurance or inheritance – or indirectly.
North Carolina, like all states, prevents people from both [...]
North Carolina Lawyer: Punishment Solicitation
Solicitation is generally the act of trying to encourage another to commit a crime, either on your behalf or for another purpose. In North Carolina, Solicitation is usually punished under structured sentencing with a sentence one class below the class of the crime.
For instance, if the crime itself is a Class C [...]
North Carolina Lawyer: Punishment Solicitation
Solicitation is generally the act of trying to encourage another to commit a crime, either on your behalf or for another purpose. In North Carolina, Solicitation is usually punished under structured sentencing with a sentence one class below the class of the crime.
For instance, if the crime itself is a Class C [...]
North Carolina Criminal Lawyer: The Crime of Suicide
Historically, suicide – if unsuccessful – was punishable as a crime. Actually, in Europe, a person who committed suicide could be “punished” by being denied a burial in a typical cemetery and by having at least some of his property go to the King.
At common law, in North Carolina, suicide remained a crime. [...]
North Carolina Criminal Lawyer: Violent Habitual Felon
North Carolina has a number of habitual offender statutes. I’ve written about the habitual felon statute. In addition, there’s a habitual violent felon statute.
This statute operates as a sentencing enhancement to violent felonies. If someone has been convicted of 1 previous violent felony, and is now facing a second violent felony charge, [...]
When the Prosecutor Controls the Calendar
There's legal theory, and then there's legal practice. The two are not the same. Not too long ago I sat through two classes on criminal procedure - your standard 4th, 5th & 6th amendment class on rights against illegal searches and to an attorney before trial and a class affectionately known as "Bail to Jail" ...
Keeping Quiet: Protect Your Rights
One of the best things you can do when arrested – in addition to calling a top criminal lawyer Raleigh – is to keep your mouth shut. If the police ask you a question, be polite and respectful, but decline to answer.
I’ve talked about this a lot on this website before, but even if you [...]
North Carolina Criminal Lawyer: First Degree Murder
North Carolina has a very traditional conception of first degree murder. First degree murder was historically murder that required malice aforethought and premeditation, that was evidenced by poisoning, lying in wait etc.
In addition, First Degree Murder can be proved if someone, in the course of committing another violent felony – such as robbery or [...]
