Historically, suicide – if unsuccessful – was punishable as a crime. Actually, in Europe, a person who committed suicide could be “punished” by being denied a burial in a typical cemetery and by having at least some of his property go to the King.
At common law, in North Carolina, suicide remained a crime. [...]
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Category Archives: Cary Criminal Lawyer
North Carolina Criminal Lawyer: The Crime of Suicide
North Carolina Criminal Lawyer: Violent Habitual Felon
North Carolina has a number of habitual offender statutes. I’ve written about the habitual felon statute. In addition, there’s a habitual violent felon statute.
This statute operates as a sentencing enhancement to violent felonies. If someone has been convicted of 1 previous violent felony, and is now facing a second violent felony charge, [...]
North Carolina Criminal Lawyer: Malicious Acid
It is a Class E felony if you, with malice aforethought, throw or cause to be thrown upon another person any acids or alkalis.
Here’s the statute:
§ 14-30.1. Malicious throwing of corrosive acid or alkali.
If any person shall, of malice aforethought, knowingly and willfully throw or cause to be thrown upon another person any corrosive acid [...]
Miranda Usually Doesn’t Apply in Raleigh Criminal Cases
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 [...]
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 [...]
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 [...]
Wake County Jail – New Annex – Hammond Road
I receive calls from Wake County Jails because I have a PayTel account. In case you were wondering, 919-256-6671 is a Wake County Jail number, from the New Annex on Hammond Road.
If you have any friends or family in jail who have not hired a lawyer and need representation, feel free to contact me at [...]
State v. Knolls: Were you unlawfully detained following a DWI arrest?
If you get stopped for a Driving While Impaired charge in Wake County (or any other part of North Carolina) and are arrested for the DWI, at some point in the process you will encounter a Magistrate.
A Magistrate is a judicial official, not a judge, who is part of the District Court of North Carolina. [...]
Wake County is Fortunate, No Sheriff Joe Arpaio Here
Wake County is fortunate not to have Sheriff Joe Arpaio. I used to live in Maricopa County, Arizona, which is Arizona’s most populous county and also home to Phoenix. Maricopa County is huge, about as large as the entire state of New Hampshire.
In the “incorporated” areas – Phoenix, Tempe, Glendale, Scottsdale, Mesa and so on [...]
Ways to Challenge a Subpoena
A subpoena is a legal request to either produce a person – for a trial or for a deposition – or to produce documents or other materials to the opposing party so that the other party can have time to examine those documents.
In North Carolina, subpoenas may be issued by an attorney, by a magistrate, [...]
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