While North Carolina does not have a speedy trial statute – which means that criminal trials can take many months or even years to be reached – the federal system does have a speedy trial statute beginning at 18 USC Sec. 3161 et seq. This statute provides that any information or indictment charging an individual…
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Transportation of Minors for Criminal Sexual Activity
18 USC Sec. 2423 is a federal law that criminalizes the transportation of minors – people who have not attained the age of 18 – for the purpose of prostitution, or in any sexual activity for which any person can be charged with a criminal offense. So, for instance, if the defendant brings the person…
San Francisco DA on the Verge of Mass Dismissals
News out of San Francisco that the District Attorney may dismiss hundreds of cases because of problems with the local crime lab:
San Francisco prosecutors told judges Friday that they could not “ethically go forward” with 46 narcotics trials because of evidence problems arising out of the scandal at the Police Department’s drug lab – signaling [...]
Can I record a phone call?
Can I record a call? It depends. If you are not a party to the call, then the answer is “no,” unless you’ve obtained consent from one or both parties to the call, or have a valid warrant. If you are a party to the call, then the answer is “it depends.” If you are…
How do Federal Child Pornography Laws Impact North Carolinians?
Most child pornography cases are taken federally, meaning that if you are charged at the state level for exploiting children, at some point the federal government will likely seek to prosecute you. That’s in part because the penalties are much harsher in the federal system. 18 USC 2252A says that any person who knowingly mails,…
Federal Crimes Involving the Sexual Exploitation of Children
How does the federal government define the sexual exploitation of children? The answer is, extremely broadly. Because the federal constitution restricts the federal government’s powers, the federal government may only regulate sexual exploitation that touches upon interstate commerce. But because photographs, images, or other depictions of children in sexually suggestive poses may be easily transmitted…
Knowingly possessing drugs…
Let’s say you’re very intoxicated. Before you got intoxicated, you put some marijuana in your pocket. Later in the evening you’re picked up for drunk and disorderly conduct, and taken to the jail for booking.
At the jail, you empty your pockets, and out tumbles the pot.
Can you be charged with Knowingly Possessing a [...]
The Death Penalty in America
Like many defense attorneys, I am opposed to the death penalty. But unlike, many defense attorneys, I am not opposed to the death penalty because I think it’s immoral. I’m opposed to the death penalty because I think – as with most government programs – it is open to corruption and errors that [...]
Reforming North Carolina’s Sentencing Laws
South Carolina is reforming its sentencing laws to reduce the number of people sent to prison for lengthy sentences involving non-violent crimes.
People convicted of nonviolent crimes account for nearly half of the state’s 25,000 inmates, and nearly one in five inmates are imprisoned for drug crimes, according to the commission’s February report.
The bill’s highlights include:
1. [...]
DWI Checkpoints in Raleigh and Wake County
This weekend police in Wake County conducted checkpoints that ended in arrest of 130 drivers. These checkpoints are sometimes procedurally flawed.
I recently saw a case where police had pre-filled in their reports before setting up the checkpoint and then tried to claim the reports accurately reflected their observations. The judge didn’t buy that.
If [...]
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