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Overcriminalization of America – Part XXII

A chilling article in The New York Times on the fact that nearly one-third – that’s 3 in 10 – Americans are arrested by the time they turn 23. Where some might say, look at the kids these days breaking on these laws, I say: Look at how, largely through the wars on drug and…

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Handicapped Passengers and DWIs

I’ve written elsewhere about changes to North Carolina’s DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina’s DWI is a misdemeanor, punishable by up to three…

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Medicaid Fraud on the Rise

Medicaid fraud is on the rise, as are efforts by both state and federal officials to combat fraud. Medicaid is a federal program administered by the states. Each state has authority – within certain federal mandates – on how to provide and then enforce the regulatory and billing provisions within the state with regard to…

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Abusive Arguments in Closing Remarks

The closing argument to the juryA jury may be either a grand jury or a petit jury. A grand jury is a jury that determines whether there is probable cause to believe the defendant committed a crime. The result is an indictmentAn indictment is a finding by a grand jury that there is probable cause

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Submitting to an Unlawful Arrest

The DC Court of Appeals – the appellate court for the District of Columbia – issued a ruling recently holding that under that jurisdiction’s Resist, Delay & Obstruct statute, a citizen must submit to an unlawful exercise of police power, and if the person refuses to do so, the police may administer a beating to…

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DWI and the First Amendment

You wouldn’t think that the First Amendment would ever be implicated in a North Carolina DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina’s DWI is…

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Structured Sentencing Changes

I’ve written here before about changes to North Carolina’s Structured SentencingStructured sentencing replaced Fair Sentencing in 1994. It created a felony sentencing chart and a misdemeanor sentencing chart in which most, but not all, punishments are imposed according to the level of the crime, and the individual’s prior record level. system. This is the second…

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Indefinite Detention Coming to a Place Near You

We try not to get too political on this blog, but President Obama is about to sign into law the National Defense Authorization Act which, among its provisions, gives the president the authority to indefinitely detain individuals suspected of terrorism or of supporting terrorism. The bill is basically an assault on the 5th Amendment to…

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Early DWI Tests and the Drunkometer

“The use of the Drunkometer assures an honest prosecution and eliminates the chance of error under the Drunk Motor Law,” a Detroit police official stated. Commentators often remarked that science had now entered the field. As a New York Times reporter wrote, “Science is replacing guesswork in obtaining evidence in drunken-driving cases.” Lerner, Barron H….

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Out of State Defendants in North Carolina Criminal Cases

What happens if you’re an out-of-state resident visiting or passing through North Carolina and you get into criminal trouble? Maybe you’re here to see a concert, and you’re accused of possession of drug paraphernalia, or felony possession with intent to sell a deliver (PWISDPWISD is a felony crime in North Carolina where no drugs have…

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