The recent removal of Tracey Cline as the elected District Attorney of Durham County turned, in part, upon her obligation as an attorney licensed to practice in North Carolina, to be candid to the tribunal. This obligation – and it’s an obligation that any attorney has in North Carolina – is found in Rule 3.3…
As predicted, North Carolina’s new DWI statute – passed last year and in effect as of December 1, 2011 and affecting all DWIs committed on or after that date – is having a significant impact on people charged with Raleigh DWI offenses. The most significant effects have occurred in cases involving young people who have…
Following a Raleigh DWI conviction, a Defendant may be placed on supervised on unsupervised probation. If the defendant has gotten an assessment, and can pay all of his court costs and fines on the day of conviction, then the defendant will in most cases be placed on unsupervised probation for Level 3, 4, or 5…
Most people get their understanding of forensic science from crime shows, such as CSI, or movies. The impression that’s given is that forensic science is incredibly accurate and reliable. For instance, most people believe that fingerprinting analysis is a reliable way to determine whether someone touched an item. Or they believe that shoe print analysis…
Police may stop a vehicle for reasonable suspicion – specific facts that suggest criminal activity may be afoot – or probable cause that the car in fact is committing a crime by, perhaps, speeding, having expired registration, or violating another motor vehicle law. When police rely upon reasonable suspicion, they must be able to articulate…
The answer is: it depends. If both brake lights are out, then the car is violation of NC motor vehicle law, and a police officer may stop the vehicle. But if just one brake light is out, and nothing else unusual is observed about the vehicle or the driving, a police officer may not stop…
Probable cause a standard used at different points in a criminal process – it is the standard used to arrest, the standard used to indict, and the standard used to issue search warrants. In each of these situations, someone might be arrested, indicted (charged), or searched without probable cause being shown. In the event that…
Someone recently asked me: I sold marijuana to an “informant” twice. The second time I was brought in by police and offered a deal to become an confidential informant. I was told if I brought in 5 controlled drug buys. My first buy went bad, and the cops ended up revealing my cover. After that…
North Carolina law allows police to seize vehicles in a number of circumstances, including if you’ve been convicted of a prior DWI or are in a civil revocation period for a prior DWI arrest and are arrested for a subsequent DWI. Therefore, it’s possible for your vehicle to be seized even if you’ve never actually…
Judges in North Carolina, whether they are District Court or Superior Court judges, have the power to rule in contempt hearings pursuant to N.C.G.S. Chapter 5A. Criminal contempt can be punished by censure, imprisonment up to 30 days, or a $500 fine, or any combination of the three. Criminal contempt can come in two forms:…