I represent a lot of people who have never been in trouble before in their lives. The arrest – whether it’s for a misdemeanor such as shoplifting or drunk driving (DUI/DWI) – or it’s for a Felony such as shoplifting or tampering with an anti-theft security device – is frightening. But after the initial anxiety…
There are generally three parts to a DWI case. Broadly speaking. Why was the vehicle stopped? Why was the person arrested? How was the chemical analysis performed? While some DWI cases will deviate from this formula, most lawyers will evaluate your case along these lines because… that’s how most cops perform a DWI investigation. Even…
The holidays are supposed to be a happy time of the year – a time when people get together with family, exchange presents, enjoy good food, and… yes… drink. Unfortunately that drinking can get you into trouble, and this year – 2011 – is going to be a really lousy time to get a DWI…
One of the major differences between the American (and British) systems of justice – the adversarial system – and the system used in countries that have adopted the Roman civil law system is the way appeals operate. In North Carolina, for instance, after the trier of fact – usually a jury – renders a general…
North Carolina DWI law requires that everyone who is convicted of a DWI in this state be required to undergo a Substance Abuse Assessment – also known as a DWI Assessment – by a licensed provider in this state. If the person seeks to complete an assessment and treatment out of state, the person must…
When someone is charged with a crime, his or her first question is, normally, what’s the chance I’ll be convicted and what sentence will I probably get? First, no guarantees can be made about whether or not someone will be convicted, or whether or not they will get this or that punishment. That’s because there…
The Sixth Amendment guarantees an accused’s right to an attorney: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed…
In 1990, the North Carolina General Assembly created a commission to study and report on proposals to revamp North Carolina’s sentencing system. The old system was called Fair Sentencing. Among the complaints were that the system was not fair, did not treat people equally under the law, and did not provide transparency in sentencing. Under…
Roughly 95 percent of all criminal cases in the United States are resolved by plea in which the defendant agrees to plead guilty, usually in exchange for some benefit – a reduction in charges, a reduced sentence, etc. – given by the state. [The reason so many cases are resolved by plea in the U.S….
Excellent article in The New York Times about the staggering waste of human potential not from drugs, but from the government’s unending war on drugs.