The closing argument to the jury is a time for each lawyer – the Defense Attorney, and the Prosecutor – to present his or her arguments to the jury based on fair inferences from the admissible evidence and trial and the law. The lawyers are to refrain from abuse directed at other participants, including the…
We try not to get too political on this blog, but President Obama is about to sign into law the National Defense Authorization Act which, among its provisions, gives the president the authority to indefinitely detain individuals suspected of terrorism or of supporting terrorism. The bill is basically an assault on the 5th Amendment to…
What happens if you’re an out-of-state resident visiting or passing through North Carolina and you get into criminal trouble? Maybe you’re here to see a concert, and you’re accused of possession of drug paraphernalia, or felony possession with intent to sell a deliver (PWISD) marijuana. Maybe you’re visiting, have a few too many drinks, and…
The New York Times has an interesting article about various officers – Border Patrol officers, probation officers, and other members of law enforcement – who have been punished in recent years for voicing dissent about the country’s draconian drug laws: Mr. Franklin, the LEAP official, said it was natural that those on the front lines…
When the United States Sentencing Guidelines were drafted, the idea was to create a fair system that was applied more or less uniformly across the country. Someone sentenced in one location should receive the same sentence as if he were sentenced in another federal district on the same set of facts and factors. Of course,…
What if everything you pressed on a cell phone was secretly recorded and logged on your cell phone, and saved to a log file that could later be accessed by anyone with access to the phone? Scary? YES! Turns out that some computer experts have discovered secret software on many Android phones called Carrier IQ…
When people come into our offices, they have a lot of misconceptions about how the law works. For many people, this is the first time they’ve ever been in trouble with the law – or had family who has come in contact with police. So they’re scared, and worried, and believe that what they’ve seen…
I haven’t seen any reports of violence here in the Raleigh area, but in various cities across the United States the purported “busiest day of shopping” (not really, actually the Sunday before Christmas is the busiest historically) has been marred by violence. Apparently getting in line at midnight and pushing and shoving to get a…
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….
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…