I’m thankful for the Fourth Amendment which, inspite of recent Supreme Court decisions, remains the most important way that people can protect themselves from unlawful searches and seizures. Watch this video which explains how you can effectively exercise your Fourth Amendment rights. Note that the 10 minute detention is probably too long, and therefore unlawful….
As of December 1, 2011 a series of new laws go into effect that alter the way various parts of North Carolina criminal law is practiced, including DWI laws. These changes to North Carolina’s DWI laws are the first important changes since 2006, and create a new punishment level that can lead to up to…
If you want to understand why DWIs either almost always end with a guilty plea or a Not Guilty or Guilty result after a trial, you need to read N.C.G.S ยง 20-138.4, which requires that the prosecutor who reduces or dismisses a DWI charge must provide a detailed explanation in court, and must make a…
Hearsay is generally inadmissible in court. But not everything is hearsay, and many hearsay exceptions exist. First, what is hearsay? Hearsay is: An out-of-court statement, other than one made by the person testifying, offered to prove the truth of the matter asserted. That’s kind of a bizarre phrase, so let’s explain it a little. Hearsay…
Anyone who has taken Administrative Law knows that the Fourteenth Amendment to the United States Constitution guarantees the citizens will enjoy the due process of law before any administrative acts deprive them of privileges they enjoy. In North Carolina (as in most states) individuals who pass certain physical and practical tests may be issued a…
As if by coincidence, TLC (formerly The Learning Channel) will launch a new reality program on December 1, 2011 called D.U.I. As Entertainment Weekly reports, “The network has ordered D.U.I., a new series that goes behind the scenes of drunk-driving law enforcement in Oklahoma. TLC has picked up 12 episodes, with six debuting next month…
So I’m reading One for the Road: Drunk Driving Since 1900 by Barron Lerner which purports to be a history of drunk driving and the legal response to Driving While Impaired. As a DWI lawyer, this is obviously interesting to me. I’m a little disheartened by the tone of the book, which is not an…
I recently visited the United States Attorney (EDNC) website, and came upon this quotation: The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal…
In order to provide a high quality of service for my clients, I use a number of different technologies to help manage my practice. First, I use all Apple technologies. I do this because Apple products – iMacs, the MacBook Air, and iPhones and iPads – are less susceptible to viruses. In part, that’s because…
When asked about their thoughts on child pornography, most people have this reaction: “Lock ‘em up and throw away the key.” This is just as true in North Carolina – maybe even moreso. The best evidence from studies, surveys, and research, indicates that even people who view child pornography almost never actually participate in the…
