Both organizations were created in 1937 by the North Carolina General Assembly. The State Bureau of investigationThe SBI, based in Garner, is North Carolina's version of the FBI. It has a crime lab, and agents who conduct investigations usually of state-wide importance. The SBI is operated under the auspices of the NC Department of Justice. (SBIThe SBI, based in Garner, is North Carolina's version of the FBI. It has a crime lab, and agents who conduct investigations usually of state-wide importance. The SBI is operated under the auspices of the NC Department of Justice.) is sort of like a state version of the Federal Bureau of Investigation (FBI) although more limited in scope. The SBIThe SBI, based in Garner, is North Carolina's version of the FBI. It has a crime lab, and agents who conduct investigations usually of state-wide importance. The SBI is operated under the auspices of the NC Department of Justice., administratively under the North Carolina Department of Justice, has both field agents who conduct investigations and can make arrests, and a crime lab.

In recent years, the crime lab has come under intense scrutiny after it was reveled that a number of agents had either mischaracterized results or failed to disclose negative results that led to the convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. of people who were otherwise innocent.

(At least one of those people wrongfully convictedA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. – Greg Taylor – on the basis of SBIThe SBI, based in Garner, is North Carolina's version of the FBI. It has a crime lab, and agents who conduct investigations usually of state-wide importance. The SBI is operated under the auspices of the NC Department of Justice. agents’ misconduct has decided to sue those agents.)

In response to the misconduct by SBIThe SBI, based in Garner, is North Carolina's version of the FBI. It has a crime lab, and agents who conduct investigations usually of state-wide importance. The SBI is operated under the auspices of the NC Department of Justice. agents, a panel was established to provide recommendations to North Carolina Attorney General Roy Cooper to lead to the improvement of SBIThe SBI, based in Garner, is North Carolina's version of the FBI. It has a crime lab, and agents who conduct investigations usually of state-wide importance. The SBI is operated under the auspices of the NC Department of Justice. practices and procedures. The Ombudsman released a report designed to provide guidance to the Attorney General with respect to improvements.

The State Bureau of InvestigationThe SBI, based in Garner, is North Carolina's version of the FBI. It has a crime lab, and agents who conduct investigations usually of state-wide importance. The SBI is operated under the auspices of the NC Department of Justice. has published various manuals and procedures for each of the areas that the crime lab performs analysis.

The City-County Bureau of IdentificationCCBI is Wake County's local crime lab. Housed in the Public Safety Center, it provides fingerprinting services, as well as support in crime scene investigations to law enforcement agencies in Wake County. is a different organization, focused solely on Wake County. It provides crime scene assistance to agencies throughout the county, and is housed in the Public Safety CenterThe Public Safety Center is the downtown jail operated by the Wake County Sheriff's Office at 330 South Salisbury Street in Raleigh. The PSCThe Public Safety Center is the downtown jail operated by the Wake County Sheriff's Office at 330 South Salisbury Street in Raleigh. The PSC currently houses CCBICCBI is Wake County's local crime lab. Housed in the Public Safety Center, it provides fingerprinting services, as well as support in crime scene investigations to law enforcement agencies in Wake County., magistrates, as well as the Sheriff's Offices and the Intox EC/IR II room where 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 years in jail. suspects are usually brought for testing. currently houses CCBICCBI is Wake County's local crime lab. Housed in the Public Safety Center, it provides fingerprinting services, as well as support in crime scene investigations to law enforcement agencies in Wake County., magistrates, as well as the Sheriff's Offices and the Intox EC/IR II room where 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 years in jail. suspects are usually brought for testing. (also known as the Wake County Jail) on Salisbury Street.

Its field agents go to scenes, collect evidence, and either turn it over to the police agency (Raleigh Police Department, Cary Police DepartmentCary Police Department is the law enforcement agency responsible for policing in the town of Cary. Its offices are at 120 Wilkinson Avenue, Cary, NC 27513. The Cary Police Department also maintains an Intox EC/IR II device for taking breath samples from people suspected of driving while subject to an impairing substance., and so forth) or send it off to the State Bureau of InvestigationThe SBI, based in Garner, is North Carolina's version of the FBI. It has a crime lab, and agents who conduct investigations usually of state-wide importance. The SBI is operated under the auspices of the NC Department of Justice. for further analysis. Occasionally its evidence is analyzed by other CCBICCBI is Wake County's local crime lab. Housed in the Public Safety Center, it provides fingerprinting services, as well as support in crime scene investigations to law enforcement agencies in Wake County. agents – for instance, computer data may be analyzed by CCBICCBI is Wake County's local crime lab. Housed in the Public Safety Center, it provides fingerprinting services, as well as support in crime scene investigations to law enforcement agencies in Wake County. agents or fingerprint analysis might be completed in-house at the CCBICCBI is Wake County's local crime lab. Housed in the Public Safety Center, it provides fingerprinting services, as well as support in crime scene investigations to law enforcement agencies in Wake County. rather than be sent off to the SBIThe SBI, based in Garner, is North Carolina's version of the FBI. It has a crime lab, and agents who conduct investigations usually of state-wide importance. The SBI is operated under the auspices of the NC Department of Justice. or FBI for further analysis.)

In addition, until recently, most 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 years in jail. investigations involved a CCBICCBI is Wake County's local crime lab. Housed in the Public Safety Center, it provides fingerprinting services, as well as support in crime scene investigations to law enforcement agencies in Wake County. agent who operated the Intox EC/IR II device – the breathalyzer – that is used to take breath samples from suspected drunk drivers and spit out a number such as a .08 that can be used at court.

Now, most Intox EC/IR II device operators are the police officers themselves who now have certificates.

Unfortunately in our society, when someone is arrested, charged, or indicted, people assume there must be some reason for the charge. This is a natural reaction, but unfortunate, especially given how easy it is to arrest, charge, and indictAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury. someone.

An arrest is based on probable causeProbable cause is the standard of proof that justifies the arrest (or indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury.) of an individual. In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed., which basically amounts to an opinion by the charging officer based on some specific facts that the person had or was in the process of committing a crime. The problem is that the specific facts are in many cases innocent, and only interpreted as suspicious by a police officer trained to arrest people.

Let’s take a simple example from 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 years in jail. law. Let’s say a person was driving slowly, and at some point his car started straddling two lanes for 300 feet, causing the officer to pull the car over. Let’s assume upon pulling the car over, the officer approaches and smells a “strong odor” of alcohol coming from the car. Let’s then assume that the officer then asks the person to step out of the car and asks the person whether he’s been drinking tonight. Let’s assume that the person admits that he has had four beers.

Let’s further assume that this interview occurs on the side of a major street (where there is moderate to light traffic) at 2:00 am in the morning in the middle of winter.

Let’s assume that this person has never been in trouble with the law before. Let’s assume that this person then is asked to perform some field sobriety tests. The person is very polite and cooperative, and wants to do everything he can to help the officer out. But the person has trouble keeping his head still during the eye exam – called the Horizontal Gaze NystagmusHGN is one of the battery of three tests that are part of NHTSA's Standardized Field Sobriety Tests. Nystagmus is the involuntary jerking of the eyes. Nystagmus can be caused by impairment from alcohol (or other depressants). test (HGNHGN is one of the battery of three tests that are part of NHTSA's Standardized Field Sobriety Tests. Nystagmus is the involuntary jerking of the eyes. Nystagmus can be caused by impairment from alcohol (or other depressants).). Given that the person failed to keep his head still, the officer marks down on his report that person “failed to comply.” (More about that later!)

Let’s then assume that the person is asked to do the Walk and TurnThe walk and turn test is one of the battery of SFSTs developed by NHTSA. The test requires the subject to take nine heel-to-toe steps, take a series of small steps to make a 180-degree turn, and take nine heel-to-toe steps on return. test (WATThe walk and turnThe walk and turn test is one of the battery of SFSTs developed by NHTSA. The test requires the subject to take nine heel-to-toe steps, take a series of small steps to make a 180-degree turn, and take nine heel-to-toe steps on return. test is one of the battery of SFSTs developed by NHTSA. The test requires the subject to take nine heel-to-toe steps, take a series of small steps to make a 180-degree turn, and take nine heel-to-toe steps on return.), the second in the battery of Standardized Field Sobriety Tests. The officer instructs the person to take nine steps heel to toe on an imaginary line, execute a turn, all while keeping his arms by his side, and then return nine steps. The person performs this test, but, according to the officer, fails to make contact heel-to-toe (even though contact is not required according to NHTSA in order to perform well on that aspect of the test). Let’s assume that the person, trying to follow the officer’s commands, takes his time and keeps his arms by his side. The officer writes in his report that the person “took abnormally long” to complete the test and kept his hands “glued bizarrely” to his side.

Next the officer asks the person to complete the One Legged StandThe one legged stand test is part of the SFST battery of tests developed by NHTSA. The test requires the subject subject to stand, arms by side, with one leg raised off the ground and count to 30. (OLSThe one legged standThe one legged stand test is part of the SFST battery of tests developed by NHTSA. The test requires the subject subject to stand, arms by side, with one leg raised off the ground and count to 30. test is part of the SFST battery of tests developed by NHTSA. The test requires the subject subject to stand, arms by side, with one leg raised off the ground and count to 30.) test, the third in the battery of three SFSTStandardized Field Sobriety Tests are tests developed by the National Highway Traffic Safety Administration in the 1980s and 1990s for use in the detection of impairment in drivers. Theses tests include the Horizontal Gaze NystagmusHGN is one of the battery of three tests that are part of NHTSA's Standardized Field Sobriety Tests. Nystagmus is the involuntary jerking of the eyes. Nystagmus can be caused by impairment from alcohol (or other depressants). test, the Walk and Turn test, the One Legged StandThe one legged stand test is part of the SFST battery of tests developed by NHTSA. The test requires the subject subject to stand, arms by side, with one leg raised off the ground and count to 30. test. tests. The person has trouble keeping his balance for more than 6 seconds, let alone the 30 required by the test. The officer fails to note that the ground on the side of the road had loose rocks.

On the basis of those three test, the officer charges the person with a 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 years in jail..

The person’s performance on those tests – as described by the officer – and his answers to the questions look pretty bad.

And that’s why it’s important to have competent, aggressive defense lawyers. Because, seen another way, the driver’s performance was completely normal and not indicative of impairment.

For instance, the person was driving slowly, but that’s because the person was from out-of-town. The person did have four beers, but over a seven hour period (that’s about a drink every two hours). The odor was strong, but that’s because there were three other drunk people in the car when the officer stuck his head down to the driver’s side window.

The driver had trouble keeping his car in his lane for about 300 feet (incidentally, that’s only 1/20th of a mile, not very long at all) because the driver was changing the radio station.

The driver did have trouble keeping his head still during the eye test, because the officer was telling him to follow a pen with his eyes and the person’s contacts were extremely dry. The person’s eyes were bloodshot, he’d gotten up for work at about 8 the previous morning, and had been up for about 14 hours by the point he was stopped on the side of the road.

And so on.

There are two sides to every story. Before you judge someone for having been arrested, stop to consider what you haven’t heard.

The Sixth Amendment says, in part, “in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him.”

Earlier this month, the Supreme Court held in Bullcoming v. New Mexico that “[t]he Confrontation Clause . . . does not permit the prosecution to introduce a forensic laboratory report containing a testimonial certification, made in order to prove a fact at a criminal trial, through the in-court testimony of an analyst who did not sign the certification or personally perform or observe the performance of the test reported in the certification.”

That means that the State may not introduce the results of a chemical analysis or other lab result through an analyst who did not perform or witness the analyst perform the test.

The defendant Bullcoming had been charged with a 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 years in jail. in New Mexico. The state had attempted to introduce the results of a chemical analysis of the defendant’s blood through a certificate and the testimony of an analyst who had not conducted the actual analysis. The Supreme Court held that the State must provide the live testimony of the actual person who tested the blood in order to present the results as substantive evidence in a criminal trial.

The ruling extends the Court’s previous holding in Melendez-Diaz, the 2009 case involving a drug test in which the Commonwealth of Massachusetts attempted to introduce an affidavit of the results of a test of a substance believed to be an illegal drug at trial.

If you’ve been asked or ordered to complete community service, you should be sure that whatever letter you get for your lawyer or the court has the dates on which the community service was performed, and the total number of hours completed. In addition, you should make sure that the letter is written by someone who provides contact information (so that a court can verify that the community service was performed) and is on letterhead (so that it is official).

If you’re in Wake County and need to perform community service, some possibilities include:

• The Food Bank 
• The Helping Hand Missions
• Habitat for Humanity Re-Store (Raising Money for Low Income Homes)
• Public Libraries of Wake County
• Cause for Paws (Charity for Animals and Pets)
• SPCA (Animal Shelters)

These – or other – charities and governmental agencies may be willing to allow you to volunteer with them. Before performing any volunteer work, you should first discuss this issue with your lawyer to make sure that your volunteer work will help (and not hurt) your case. In addition, you should make sure that the charity or non-profit is aware that you are performing your volunteer work for a court-recommended purpose so that they are aware they should give you a letter after you’ve completed your volunteer hours.

You should never talk to people at the charity about the facts of your case. If they ask, you can have them talk to your lawyer.

This courtroom is paid for by special funding from the federal government.

Given understandable concern, in particular, about the safety of women (wives, girlfriends, ex-girlfriends) and about children of couples, the courtroom treats suspected violence by men against women very seriously. While deferral programs are sometimes offered to defendants, they require an attorney who understands how to best position a client so that a deferral might be offered.

A deferral program might include a requirement that the defendant complete substance abuse education, or complete anger management programs. If the children are thought to be in danger, a deferral program might require that the man complete a program called SafeChild or its equivalent.

If a deferral program is offered, the person can usually expect a dismissalA dismissal may occur upon a motion by a party, or by the prosecutor. A voluntary dismissal is a true dismissal where the charges are no longer pending. A dismissal with leave, also known as a VLA dismissal may occur upon a motion by a party, or by the prosecutor. A voluntary dismissal is a true dismissal where the charges are no longer pending. A dismissal with leave, also known as a VL, is a method of the prosecutor places the case into a holding pattern, usually because the defendant has failed to come to court on an assigned court date., is a method of the prosecutor places the case into a holding pattern, usually because the defendant has failed to come to court on an assigned court date. of the charges after a year’s time, provided the person stays out of trouble and completes the required elements of the deferral program.

The Supreme Court held recently in Padilla v. Kentucky that a criminal lawyer must give accurate advice regarding the potential consequences of an immigration convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt.. Jose Padilla had spent 40 years in the United States. Although he never gained citizenship, he was a lawful “permanent resident.” In fact, he was even a Vietnam vet. He was charged (and later pled guilty) to trafficking marijuana.

His lawyer, at the time of his pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. negotiations, had informed Padilla that because he had lived so long in the United States, he did not need to worry about the immigration consequences of his convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt..

However, because marijuana trafficking is an “aggravated felony” under United States law, his guilty pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. meant that Padilla was deportable under federal immigration law.

Padilla appealed his convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt., and the Supreme Court found by a 7-2 decision that, in fact, his lawyer’s advice that he had nothing to worry about regarding immigration was “ineffective assistance of counsel”.

If any attorney is counseling a client regarding a criminal matter, that attorney should first determine whether the client is a citizen or not.  The attorney should then determine whether the crime with which the person has been charged is a deportable offense.  Even if the offense is not a deportable offense, the attorney should advise the person that laws may change and that by pleading guilty to the crime, the person may in fact be deported upon convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt..

A PJCA PJC is a request (and decision by a judge) not to impose judgment following conviction. A PJC does not avoid a conviction, but may avoid some of the consequences of a conviction. A PJC has virtually no use in a criminal case, but may be used in a traffic case to avoid various DMV- or insurance-related penalties from a traffic infraction or misdemeanor. means that in certain cases you may avoid increases in insurance rates even when you have been found guilty or found responsible of either a traffic offense or speeding offense. It’s important to note that a PJCA PJC is a request (and decision by a judge) not to impose judgment following conviction. A PJC does not avoid a conviction, but may avoid some of the consequences of a conviction. A PJC has virtually no use in a criminal case, but may be used in a traffic case to avoid various DMV- or insurance-related penalties from a traffic infraction or misdemeanor. may be only used once in a three-year-period on most insurance plans. If you or someone else on your insurance plan have gotten a PJCA PJC is a request (and decision by a judge) not to impose judgment following conviction. A PJC does not avoid a conviction, but may avoid some of the consequences of a conviction. A PJC has virtually no use in a criminal case, but may be used in a traffic case to avoid various DMV- or insurance-related penalties from a traffic infraction or misdemeanor. in the past three years, you may not use another PJCA PJC is a request (and decision by a judge) not to impose judgment following conviction. A PJC does not avoid a conviction, but may avoid some of the consequences of a conviction. A PJC has virtually no use in a criminal case, but may be used in a traffic case to avoid various DMV- or insurance-related penalties from a traffic infraction or misdemeanor. without adversely affecting your insurance rates.

If you’ve gotten a speeding ticket in Raleigh or Wake County, make sure that you understand how to utilize a PJCA PJC is a request (and decision by a judge) not to impose judgment following conviction. A PJC does not avoid a conviction, but may avoid some of the consequences of a conviction. A PJC has virtually no use in a criminal case, but may be used in a traffic case to avoid various DMV- or insurance-related penalties from a traffic infraction or misdemeanor. to your advantage.

The base District CourtDistrict Court is the lower of two levels of trial court in North Carolina. Misdemeanors begin (and can be resolved) in District Court. Most felonies also begin in District Court, but only Class H and Class I felonies may be resolved in District Court. fee that must be paid to the ClerkLorrin Freeman is the elected Clerk of Superior CourtSuperior Court is the higher of the two levels of trial court in North Carolina. Felonies may be resolved in Superior Court by pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt., or trial. Misdemeanor convictions may be appealed to Superior Court for 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 to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury. that sends the case into Superior Court, perhaps for a jury trial. A petit jury or simply a jury is the jury of 12 people who have been selected to hear and render a verdict in a case. trial. for Wake County. The Clerk of Superior CourtSuperior Court is the higher of the two levels of trial court in North Carolina. Felonies may be resolved in Superior Court by pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt., or trial. Misdemeanor convictions may be appealed to Superior Court for 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 to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury. that sends the case into Superior Court, perhaps for a jury trial. A petit jury or simply a jury is the jury of 12 people who have been selected to hear and render a verdict in a case. trial., among other duties, maintains court records and facilitates the management of the Wake County court system. of Court is $126.00. In addition, a person will be charged $10 for a Chapter 20 violation (motor vehicle offense, including 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 years in jail., and a $2.00 DNA fee plus $10 service fee for each arrest or service of criminal process, including citations and subpoenas. So if someone is charged under a single file number with a motor vehicle criminal offense (such as a 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 years in jail.), that person would be charged $148 in court costs for District CourtDistrict Court is the lower of two levels of trial court in North Carolina. Misdemeanors begin (and can be resolved) in District Court. Most felonies also begin in District Court, but only Class H and Class I felonies may be resolved in District Court. alone. That person may be charged additional fines.

Superior CourtSuperior Court is the higher of the two levels of trial court in North Carolina. Felonies may be resolved in Superior Court by pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt., or trial. Misdemeanor convictions may be appealed to Superior Court for 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 to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury. that sends the case into Superior Court, perhaps for a jury trial. A petit jury or simply a jury is the jury of 12 people who have been selected to hear and render a verdict in a case. trial. costs are approximately $168 more in that scenario.

First, what is a 50B Order? A 50B Order is an order issued by a North Carolina District CourtDistrict Court is the lower of two levels of trial court in North Carolina. Misdemeanors begin (and can be resolved) in District Court. Most felonies also begin in District Court, but only Class H and Class I felonies may be resolved in District Court. in response to a complaint by a party (the plaintiff) regarding physical abuse, or imminent threats of physical abuse. In response to the complaint, the Court may issue an order instructing the Defendant not to threaten, assault or harass the plaintiff. Or the Court may do much more, including making temporary decisions about custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest. of children, ordering the defendant to attend anger management courses, order the defendant to stay away from the plaintiff.

There are generally two parts to the Order. There is the Emergency Ex Parte order, and the Domestic Violence Protective Order. The Emergency Ex Parte Order can be granted upon a petition and a credible showing by the plaintiff that she (or he) has been physically abused or threatened and requires an emergency order protecting her (or him) from further abuse.

The Ex Parte order is a short term order – usually 10 days – which may require the defendant to not contact the plaintiff, or to relinquish firearms, or to do other things that reduce the potential for harm to the plaintiff. An Ex Parte hearing is a hearing by one party – the plaintiff – without the defendant present, so the court will not order anger management or other kinds of relief at an Ex Parte hearing.

Before a full Domestic Violence Protective Order (DVPO) can be ordered, the Defendant must receive notice through a complaint and summons of the hearing. The Defendant need not be present. For instance, if the Defendant avoids the hearing, the court can still issue the DVPO.

The Court’s DVPO can include any of the relief in NCGS Sec. 50B-3, including, but not limited to, “Require a party to provide a spouse and his or her children suitable alternate housing,” “Award temporary custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest. of minor children and establish temporary visitation rights pursuant to G.S. 50B?2 if the order is granted ex parte, and pursuant to subsection (a1) of this section if the order is granted after notice or service of process,” “Order either party to make payments for the support of a spouse as required by law,” and so on.

In other words, a DVPO is a very powerful tool. In addition, violation of a DVPO is a class A1 misdemeanor, punishable by up to 150 days in jail.

The SCRI and NHTSA determined that three tests had the highest level of accuracy: the Horizontal Gaze NystagmusHGN is one of the battery of three tests that are part of NHTSA's Standardized Field Sobriety Tests. Nystagmus is the involuntary jerking of the eyes. Nystagmus can be caused by impairment from alcohol (or other depressants). (HGNHGN is one of the battery of three tests that are part of NHTSA's Standardized Field Sobriety Tests. Nystagmus is the involuntary jerking of the eyes. Nystagmus can be caused by impairment from alcohol (or other depressants).) test, the Walk and TurnThe walk and turn test is one of the battery of SFSTs developed by NHTSA. The test requires the subject to take nine heel-to-toe steps, take a series of small steps to make a 180-degree turn, and take nine heel-to-toe steps on return. Test (WATThe walk and turnThe walk and turn test is one of the battery of SFSTs developed by NHTSA. The test requires the subject to take nine heel-to-toe steps, take a series of small steps to make a 180-degree turn, and take nine heel-to-toe steps on return. test is one of the battery of SFSTs developed by NHTSA. The test requires the subject to take nine heel-to-toe steps, take a series of small steps to make a 180-degree turn, and take nine heel-to-toe steps on return.), and the One Legged StandThe one legged stand test is part of the SFST battery of tests developed by NHTSA. The test requires the subject subject to stand, arms by side, with one leg raised off the ground and count to 30. (OLSThe one legged standThe one legged stand test is part of the SFST battery of tests developed by NHTSA. The test requires the subject subject to stand, arms by side, with one leg raised off the ground and count to 30. test is part of the SFST battery of tests developed by NHTSA. The test requires the subject subject to stand, arms by side, with one leg raised off the ground and count to 30.) test. These three tests became the Standardized Field Sobriety Tests. While officers can perform other kinds of tests at the roadside, none of those other tests are part of the SFSTs and none of those tests have been evaluated for their validity and reliability.

One common non-SFSTStandardized Field Sobriety Tests are tests developed by the National Highway Traffic Safety Administration in the 1980s and 1990s for use in the detection of impairment in drivers. Theses tests include the Horizontal Gaze NystagmusHGN is one of the battery of three tests that are part of NHTSA's Standardized Field Sobriety Tests. Nystagmus is the involuntary jerking of the eyes. Nystagmus can be caused by impairment from alcohol (or other depressants). test, the Walk and Turn test, the One Legged StandThe one legged stand test is part of the SFST battery of tests developed by NHTSA. The test requires the subject subject to stand, arms by side, with one leg raised off the ground and count to 30. test. test is an ABC test. The officer will ask the person to say his or her ABCs from a letter to another letter. The problem with the ABC test is that no one knows whether it’s indicating impairment, or whether it’s simply indicating that, in stressful situations, people simply don’t do their ABCs very well regardless of whether they are impaired.

In 1986, the International Association of Chiefs of Police recommended that member law enforcement agencies begin using the Standardized Field Sobriety Tests developed by NHTSA as part of their investigations into Driving While Impaired (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 years in jail., DUI, OUI) incidents.

One of the important things to know about the Standardized Field Sobriety Tests is that they must be conducted in accordance with NHTSA instructions in order to maintain their validity. The NHTSA SFSTStandardized Field Sobriety Tests are tests developed by the National Highway Traffic Safety Administration in the 1980s and 1990s for use in the detection of impairment in drivers. Theses tests include the Horizontal Gaze NystagmusHGN is one of the battery of three tests that are part of NHTSA's Standardized Field Sobriety Tests. Nystagmus is the involuntary jerking of the eyes. Nystagmus can be caused by impairment from alcohol (or other depressants). test, the Walk and Turn test, the One Legged StandThe one legged stand test is part of the SFST battery of tests developed by NHTSA. The test requires the subject subject to stand, arms by side, with one leg raised off the ground and count to 30. test. student manual states in all capital letters that “IF ANY ONE OF THE STANDARDIZED FIELD SOBRIETY TEST ELEMENTS IS CHANGED, THE VALIDITY IS COMPROMISED.”

Sometimes when a defense attorney shows that the SFSTs have not been performed according to NHTSA guidelines, a judge will dismiss that argument by saying “Well, NHTSA is not the Law in North Carolina.”

This is only partially true. It’s accurate that North Carolina has not formally adopted NHTSA guidelines as the “law”.

But North Carolina’s Assembly has in NCGS Sec. 17C created the North Carolina Criminal Justice Education and Training Standards Commission.

The Commission has the sole authority to set the minimum training standards in order to be recognized as a law enforcement officer by the State of North Carolina.

The Commission has established Basic Law Enforcement Training (BLET) as the formal minimal training standards that all people must complete before they can assume the duties of a Law Enforcement Officer in North Carolina.

And, the BLET training manual establishes the Standardized Field Sobriety Tests as validated by NHTSA as the tests Law Enforcement Officers are permitted to use in order to determine whether someone has been 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 years in jail. (Driving While Impaired).

So, in an important sense, NHTSA is North Carolina law.