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, [...]
North Carolina Criminal Lawyer: Violent Habitual Felon
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 [...]
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 [...]
Giving Blood: DWI Raleigh
The police officer can ask you to give blood instead of or along with blowing into a breathalyzer. Again, you are not required to give blood, but because North Carolina is an “implied consent” state, your license will be revoked for 1 year if you refuse. (See above for my discussion of breathalyzer refusals.)
A [...]
DWI Breathalyzer Machines: DWI Raleigh
It’s true. The breathalyzer is hunk of junk. I could use worse language. But I won’t. First, the science behind it is pretty weak. It doesn’t measure your actual Blood Alcohol Concentration. Instead, it tries to guess your BAC by measuring the amount of alcohol by-products in your breath.
The [...]
What if a Blew a… ? Defending a DWI Raleigh case
If you blew a .08, and if your lawyer cannot challenge the admission of that into evidence (using the techniques described above regarding Phase I, Phase II, and Phase III), and if your lawyer can’t show that the number you blew was within the margin of error of the breathalyzer machine, then you stand a [...]
North Carolina Criminal Lawyer: Sexual Battery
Sexual Battery is one of the harshest misdemeanors on the books in North Carolina. It involves sexual contact done for the purpose of sexual arousal or sexual gratification. The reason why it’s so harsh is because the defendant, if convicted, will need to register as a sex offender.
Here’s the statute:
§ 14-27.5A. Sexual battery.
(a) [...]
North Carolina Criminal Lawyer:
It is a Class E felony if you, with malice aforethought, throw or cause to be thrown upon another person any acids or alkalis.
Here’s the statute:
§ 14-30.1. Malicious throwing of corrosive acid or alkali.
If any person shall, of malice aforethought, knowingly and willfully throw or cause to be thrown upon another person any corrosive acid [...]
