If you watch police shows on television, often police will forget to read the defendant his rights. Then the lawyers in the show will argue that his “Miranda rights” were violated and he should be let go.
In the real world, defendants rarely benefit from the protections in Miranda. That’s because police usually do read [...]
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Miranda Usually Doesn’t Apply in Raleigh Criminal Cases
Defending the DWI Raleigh Case: Arrest & Breathalyzer
If the officer did not find enough evidence to arrest you, the officer can let you go, maybe with a warning.
But if the officer does think he has enough evidence that you’ve committed a DWI, the officer can arrest you. At this point, you will be handcuffed and placed into the officer’s car.
The officer [...]
Defending a DWI Raleigh Case: Phase III: Pre-Arrest Screening
Phase III is the final phase before the officer arrests the driver on a DWI.
The main focus during Phase 3 is on the driver’s performance on the Standardized Field Sobriety Tests (SFSTs). During this Phase the officer might also ask the driver to blow into a Portable Breath Test (PBT, or hand-held breathalyzer) [...]
Defending a DWI Raleigh Case: Phase II: Personal Contact
The next step in a DWI arrest is Phase II: Personal Contact. During this Phase, the police officer will approach the car, and observe the driver, the driver’s car, and any of the driver’s actions which might show that the driver has been drinking.
For instance, the officer will look for such things as:
• bloodshot [...]
Defending a DWI Raleigh Case: Phase I: Vehicle in Motion
An officer’s first job is to watch the moving car to note any initial cues of a possible DWI violation. At this point, the officer must decide whether there is enough reason to stop the car.
If the officer has a “reasonable articulable suspicion” that the driver is impaired, he can stop the car. Or [...]
A Brief Overview of Constructive Possession of Drugs
Constructive possession of a controlled substance – a drug like marijuana, cocaine, crack, heroin, LSD, or meth – exists where you do not have actual physical possession of an illegal drug, but have both:
1) knowledge of the drug’s presence on or about your property and
2) the ability to maintain dominion and control over it. [...]
Obtaining Property by False Pretenses – OPFP
There are several different forms of theft in North Carolina. Larceny is what most people think of as theft: it is the taking of property that is not yours. Robbery is taking of the property from the actual person.
Embezzlement is taking money that’s been entrusted to you and using it for [...]
Extraordinary Mitigation: Deviating from NC Structured Sentencing
In a previous post I commented on one way to avoid the harshest minimum sentencing provisions of North Carolina’s drug trafficking laws. A defendant in Raleigh or other parts of North Carolina can offer “substantial assistance.”
But what if someone is truly not deserving of an active sentence – meaning an immediate prison term – [...]
North Carolina Criminal Lawyer: Assault Inflicting Serious Bodily Injury
A person who assaults another person and, in doing so, inflicts serious bodily injury will be guilty of a Class F felony. Note that the bodily injury can be mental, if it is severe. “Serious bodily injury” is different from and worse than “serious injury”. Serious bodily injury requires proof of some [...]
What’s my Status while I wait for my DWI Raleigh Case to be Resolved?
In the United States and in North Carolina, you are presumed innocent until proven guilty. You’ve got your license back. You can live your life in the meantime. Every so often you’ll have to go to court.
Many of my clients are anxious to get this unpleasant experience behind them. My advice: I’m [...]
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