Interesting article about the World Cup and the increase in drunk driving charges worldwide. One common problem is that a night of heavy drinking and partying can result in someone being still impaired the next morning. I've handled countless cases where clients awoke the next morning still impaired at well above a BAC ...
Raleigh Embezzlement and Federal Embezzlement Law
In these tough economic times, embezzlement has become a crime more frequently prosecuted by either the state or federal prosecutors in North Carolina. That's because either employees have been taking money from employers to make ends meet, or employers are accusing innocent employees because employers want to stop "shrinkage" or the loss of money ...
Stopping Embezzlement Charges in Raleigh. Putting and end to Shrinkage Criminal Claims
Avoiding prosecution for embezzlement is one of the things I do as part of my practice as a criminal lawyer in Raleigh. I deal with clients who either have left an employer and have been accused of stealing from the employer, or have been accused of stealing and have been fired. In either ...
Criminal Raleigh: Texting While Driving as bad as Driving While Impaired
Oprah Winfrey recently launched a campaign to have celebrities pledge not to text while drive. Doctors now assert that driving while texting may be as dangerous as driving while impaired. The problem with enforcing a driving while texting law is that, unlike a driving while impaired law, texting leaves no lingering effects. In other ...
Nuke it from Orbit, It’s the Only Way to Be Sure: Cybercrimes and Criminal Law
We live in a digital world. Unfortunately, many criminal defense lawyers simply do not understand the details of technology. How data is transmitted, how it is stored, how it is archived, and where it might be. What's more, many criminal lawyers do not understand how the details of how data is stored, archived, searched, ...
Drunk Driving Wake County
In most drunk driving cases in Wake County, the District Attorney attempts to prove impaired driving by demonstrating either that the person was "appreciably impaired" at the time he or she was driving, or the person blew a .08 or higher on the Intox EC/IR machine that is used at the Public Safety Center (Jail) ...
Flawed Breathalyzer Machines Lead to 400 Drunk Driving Convictions
Defense lawyers have known for decades that the machines used by law enforcement to test the blood alcohol concentration in a person's breath - the breathalyzer machine or Intox machines used in North Carolina and Raleigh - are not very reliable. Part of the unreliability of these machines stems from the fact that they have to ...
5k1.1, 18 USC 3553(e) and Rule 35 Federal Sentencing Departures
Federal criminal law has stiff penalties. First, there are the laws - the statutes - that are generally harsher than state statutes in imposing criminal sanctions and penalties. Second, there are the Sentencing Guidelines which add to the harshness of the federal system. There are some limited ways that a federal criminal lawyer can ...
Federal Sentencing Guidelines Overview
Federal criminal law features sentencing guidelines. These guidelines have been drafted by the United States Sentencing Commission. These guidelines are not mandatory, and a federal district judge has the authority to depart upward or downward from the guidelines upon appropriate findings. However, the guidelines are the most important tool courts and lawyers have in ...
Modifying Bonds in North Carolina
I'll paraphrase a question I recently was asked: My son has a $500,000 bond trying to get it reduced. He as a court appointed lawyer. I need to know the steps to getting a bond reduction and how long does it take. These are not steps you should take. They are steps his lawyer should take. Basically ...
