Even in previously bad economies – 1990 to 1992, 1998-2000 – the law profession seemed to survive, if not thrive. Hundreds of thousands of smart (and even not-so-smart) people were encouraged to become lawyers by a combination of outrageous salaries – in 2007, Cravath, one of the top corporate law firms in the country, offered bonuses of nearly $100,000 for top performing associates – federally subsidized student loans, the supposed security of a protected profession (with its bar exams), and putative prestige (see any John Grisham novel).

Of course, the truth of all that was always a little suspect. While a top 20 law grad back in the day could expect to earn a six-figure salary, unless he chose to go into public interest law, many graduates didn’t have the same luck. And while it’s really neat to think of yourself as a high minded constitutional litigator, or a trial lawyer from a Grisham novel, the practical, day-to-day experience of being a lawyer was always (and still is) grinding.

Moments of glory are few and far between. Don’t get me wrong, I enjoy the practice of criminal law and enjoy helping clients. And as my father might say, it’s better than digging a ditch. But the day-to-day practice of law is not out of a movie script. It involves helping people 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., drug charge, or embezzlement or larceny. Only rarely are most lawyers involved in high profile murder trials involving movie stars!

The demand for law school and the government subsidization of law school led to the growth of the law school industry, aided by publications like U.S. News with its ludicrous law school rankings. Law Schools became financial profit centers of universities (like successful sports programs) and in many cases were required to kick back money to the central university administration to help underwrite the rest of the less profitable parts of the university.

The costs were passed onto recent graduates and, ultimately, the legal consumer in the form of high legal fees, especially in corporate law.

Who benefited? One of the beneficiaries was the law school faculty. The typical faculty member at a decent law school has next to no practical experience. The person went to a top law school, practiced for a year or two, and then went out into the legal academy job market at the age of 28 or 29 to get a faculty job. A few law professors keep up their practical skills by performing pro bono legal work, or by consulting on the side.

Most law professors know precious little about what it means to be a lawyer, and they’re actually proud of this. That’s because the rest of the university has always looked at law schools (and business schools) as essentially trade schools. Since law professors don’t want to think they’re engaged in a massive Vocational Technical school, they try to distance themselves from the practice of law.

Second, the actual curriculum associated with law school has changed little from the 1930s, when it focused on 19th century common law concepts or ancient tort or property law ideas. These principles have very little to do with the basic way property, tort, or criminal law is practiced in modern America. Most of these laws are statutory, not common law, anyway.

As if to excuse their woefully inadequate ability to train lawyers, law professors and law school deans love to tell incoming students that they don’t teach you how to be a lawyer, they train you how to think like a lawyer through the Socratic Method.

Of course “thinking like a lawyer” is a silly concept. All it really means is thinking carefully about an issue. Yes, it requires a little bit of discipline. But it is not difficult, and does not require three years of law school.

The Socratic Method – the one that was made famous by John Houseman’s Professor Kingsfield in The Paper Chase – is also bunk. Most professors don’t do it well. And all it amounts to is asking pointed questions and hypotheticals about something that was just read, and will soon be forgotten.

The problem with the Law School – which has almost always been ineffective at training lawyers – is that it has a built in constituency – the law professor – who is going to fight like heck to keep his or her privileged position.

Law school has been experiencing a boom in the past 4 years, as routinely happens when the economy takes a dive. That’s because rather than go out into an uncertain job market, a lot of young recent college grads (and even mid-career professionals) decide to go to law school in the hopes of improving their employability. (What they’re often doing is increasing their debt load, with no reasonable hope of paying those loans back. Hence the clamoring to make student loans dischargeable in bankruptcy!)

But as the legal market continues to suffer, even in comparison to other parts of the economy, potential law students are going to take other paths, and turn to other kinds of careers, even if those careers are less financially rewarding, because the sheer amount of money it takes to go to law school for three years is too much to consider paying.

In recent conversations with fellow lawyers, I’ve heard about how even top law schools are having trouble placing their students. That puts the University of North Carolina Chapel Hill, which is a good law school, but not a great law school, in a very difficult position.

If the University of Virginia (a top 10 law school) has trouble placing one-third of its student class in top law firm positions, what does that mean for the UNC-CH which is not as prestigious and also which has the unfortunate situation of being in a state with only two moderate sized legal markets (Charlotte and Raleigh) and competing with other good law schools, including Duke (although Duke tends to send students out of state) and Wake Forest, as well as Campbell (which is an underrated school that trains its graduates better than UNC) and North Carolina Central (which is the best value for a legal education in the state and trains some excellent lawyers).

There are too many UNC Chapel Hill grads in North Carolina government to ever let the law school disappear entirely, but its privileged position will start to erode. As will the privileged position of many law schools.

So what will happen to the Law School? First, the smarter law school deans will give up the pretense that law school is not a trade school. They will embrace the idea that the entire curriculum should be revamped to focus on the practical skills necessary to practice law.

Next law school will need to adjust, downward, tuition to reflect the true earning potential associated with the degree, and increased competition from alternative ways of learning how to practice law, and decreased demand as people realize that being a lawyer isn’t as financially rewarding as it once was.

Finally, efforts will be launched to change the way the legal profession is regulated. Most state bars require three years of legal education. This will come under assault as more and more people realize that this requirement is absurd on its face.

If police fail to read the Miranda Warnings before questioning an in-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. suspect, then a court may decide to suppress whatever statements the person may have made.

The central question in any determination of whether to suppress such statements is whether the person was “in 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.”. What does “in 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.” mean?

Chapel Hill police suspected a seventh-grade student of breaking into several houses. An police investigator went to the student’s school and had him removed from class and led to a conference room by a school resource officer (who was a police officer). The investigator questioned the juvenile in the presence of the SRO, the assistant principal, and an intern. The door of the conference room where the interview took place was closed but not locked. The juvenile was not given Miranda warnings or the “juvenile Miranda” warnings required prior to custodial interrogations by G.S. 7B-2101, and he made incriminating statements. He was allowed to leave and catch the bus home, but later was charged. He moved to suppress his statements based on the lack of Miranda and statutory warnings.

The North Carolina Supreme Court held that because there were non-police individuals – namely the administrator – present during the interrogation, it was not an in-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. interrogation. The North Carolina Supreme Court essentially held that courts do not need to look at the age of the person who has been questioned to determine whether the person believed he was in 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. or not.

However, the Supreme Court held that “a child’s age properly informs the Miranda 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. analysis,” so long as the child’s age is known to police or reasonably apparent. It noted that children are “more susceptible to influence . . . and outside pressures” than adults, making the Miranda warnings important in a broader range of settings. And it suggested that it required no more than common sense for officers and judges to take a suspect’s age into consideration when deciding whether a reasonable person in the suspect’s position would feel as though he or she were under arrest or the equivalent.

A police officer can arrest on relatively thin evidence – tips, observations, smells, sounds. The police officer’s burden is called “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 is basically enough evidence – specific observations and facts – to conclude that it’s more probable than not that a crime has occurred.

But in order to convict the person, the prosecutorA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. who gets the case must prove the case beyond a reasonable doubtReasonable doubt is the standard of proof required to find a person guilty in a criminal trial. This standard is the highest, toughest standard in our legal system. It is higher than the standard used to commit someone to a mental institution. In order to find a person guilty beyond a reasonable doubt, the 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. or judge must be entirely convinced and fully satisfied of the defendant's guilt. – so that a 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. is entirely convinced and full satisfied that every element has been proven.

How can the police officer, therefore, prove that the pills were in fact controlled substances, and not entirely legal medicines.

Until recently in North Carolina, a police officer would send the pills off to an agency such as 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 examination. Perhaps 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. agent would test some of the pills to find out whether they were in fact illegal drugs. But in many cases, 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. agent would use something called the Micromedex, a database containing information about the look, size, and markings on pills.

By matching up the shape of the pills with the identifiers in the Micromedex, the agent could then testify in court as to his “expert” opinion with respect to the kinds of the drugs found on the defendant.

Until recently…

In 2010, the North Carolina Supreme Court rejected this type of expert testimony in State v. Ward. The NC Supreme Court majority opinion stated:

Because the method of proof at issue is not sufficiently reliable for criminal prosecutions, we cannot conclude, as the State argues, that the deficiencies of Special Agent Allcox’s visual identification process only affect the amount of weight the 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. assigns to his testimony. Adopting that view would circumvent the fundamental issue at stake, that is, the reliability of the evidence, and would risk a greater number of false positive identifications.

and concluded that:

For the foregoing reasons we conclude that, as the proponent of Special Agent Allcox’s expert witness testimony, the State has not carried its burden of demonstrating the sufficient reliability of his visual inspection methodology. Therefore, the trial court abused its discretion by permitting Special 748*748 Agent Allcox to identify certain evidence as controlled substances based merely on visual inspection as a method of proof. We affirm the Court of Appeals as to the issue before us and remand to that court for further remand to the trial court for additional proceedings not inconsistent with this opinion.

What does this mean in drug cases? It means that the state must show a proper analysis – which in many cases will be a chemical analysis – of the alleged drugs to prove, in fact, that they are drugs. However, North Carolina courts have carved out an exception with regard to marijuana. With regard to marijuana, the distinctive smell and look permits an agent or even a police officer to identify the substance as marijuana to a 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..

How should a potential client – you – use a free consultation? First, you should use it to gain as much information about your situation as you can. A lawyer should be willing to spend as much time as you need to explain the general process – how 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. or criminal case or federal case or state case – is handled in general.

In addition, you should be prepared to give the lawyer a few specific facts about your case so that lawyer can give you some sense of how your case may go. Obviously during an initial consultation, you can’t expect a Raleigh lawyer to spend two hours discussing the facts of your case. This is simply too detailed. However, the lawyer you speak with should be able to give you some specific advice about your specific situation.

I am very surprised when I receive a call and the person has talked to two or three lawyers, but still doesn’t understand very much about the process.

I will usually spend anywhere from 30 minutes to an hour explaining how cases move through the system in North Carolina, and pointing out the good parts and bad parts of my clients’ case.

If you call a lawyer, and the lawyer promises you a result, run, do not walk, from that lawyer. Not only is it unethical to promise a result, it is simply bad lawyering. While a lawyer can sometimes say “I can probably do this for you” a lawyer who says “I guarantee a result” is setting up for failure. That’s because nothing is guaranteed in criminal law.

Finally, the lawyer you reach should be happy to talk with you regardless of the time or day. That’s because people don’t just get arrested Monday through Friday, 9 to 5. People have trouble with the police whether it’s in the late night, weekends, or on holidays. A criminal lawyer who is not interested in talking to you on the weekends, on weeknights, or on holidays probably won’t be that responsive should you call for an emergency call on a weekend when police are knocking on your door.

A free consultation with a Raleigh criminal lawyer is an excellent opportunity for you to evaluate the lawyer’s tone, approach, knowledge, and demeanor. Make the most of that opportunity.

At the same time, national organizations, including Mothers Against Drunk Driving (MADD) were founded.  MADD was founded by the mother of a 13-year-old Texas girl who had been killed by a drunk driver.  Other organizations, including SADD, soon followed.  But MADD was the most powerful, helping to lobby for extensive new laws that would lower limits on the amount of alcohol someone could have in his system while still driving legally.

This BACBAC stands for Blood Alcohol Concentration (or Breath Alcohol Concentration). It is a percentage of how much alcohol is in the body. In North Carolina and all states in the United States, a BAC of .08 or above while operating a vehicle is a violation of the law. A judge or jury may, but is not required to, find you guilty of 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 such a case. (Blood Alcohol Concentration) is set by the states, but is the same across the United States because of a federal highway law which limits the amount of highway funding a state can receive if it does not agree to a .08 BACBAC stands for Blood Alcohol Concentration (or Breath Alcohol Concentration). It is a percentage of how much alcohol is in the body. In North Carolina and all states in the United States, a BAC of .08 or above while operating a vehicle is a violation of the law. A judge or jury may, but is not required to, find you guilty of 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 such a case..  In North Carolina, the number is expressed in the law as the volume of alcohol per volume of exhaled breath.

Before the 1970s, the amount of permitted alcohol in the system was fairly high – .15 in some states.  But in the 1970s and 1980s, states started to lower the BACBAC stands for Blood Alcohol Concentration (or Breath Alcohol Concentration). It is a percentage of how much alcohol is in the body. In North Carolina and all states in the United States, a BAC of .08 or above while operating a vehicle is a violation of the law. A judge or jury may, but is not required to, find you guilty of 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 such a case. permitted.  By the 1980s, most states had lowered the limit to .10, which is where it stayed until the 1990s, when states, pressured by the federal government, lowered the limit to .08.

Today, in North Carolina (and in all states) it is a “per sePer se is Latin for "in itself" and is used to indicate that the fact proven is sufficient to prove guilt. For instance, a BACBAC stands for Blood Alcohol Concentration (or Breath Alcohol Concentration). It is a percentage of how much alcohol is in the body. In North Carolina and all states in the United States, a BAC of .08 or above while operating a vehicle is a violation of the law. A judge or jury may, but is not required to, find you guilty of 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 such a case. of .08 in 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. case is a per se violation of the law. Nothing else need be shown about the person's impairment to find guilt.” violation of the law to drive with a BACBAC stands for Blood Alcohol Concentration (or Breath Alcohol Concentration). It is a percentage of how much alcohol is in the body. In North Carolina and all states in the United States, a BAC of .08 or above while operating a vehicle is a violation of the law. A judge or jury may, but is not required to, find you guilty of 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 such a case. of .08 or above.  By “per sePer se is Latin for "in itself" and is used to indicate that the fact proven is sufficient to prove guilt. For instance, a BACBAC stands for Blood Alcohol Concentration (or Breath Alcohol Concentration). It is a percentage of how much alcohol is in the body. In North Carolina and all states in the United States, a BAC of .08 or above while operating a vehicle is a violation of the law. A judge or jury may, but is not required to, find you guilty of 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 such a case. of .08 in 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. case is a per se violation of the law. Nothing else need be shown about the person's impairment to find guilt.,” the State says that all it has to prove is that the person had a .08 BACBAC stands for Blood Alcohol Concentration (or Breath Alcohol Concentration). It is a percentage of how much alcohol is in the body. In North Carolina and all states in the United States, a BAC of .08 or above while operating a vehicle is a violation of the law. A judge or jury may, but is not required to, find you guilty of 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 such a case. at a relevant time after driving on a highway or public vehicular area in order to find someone guilty of 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.. This means that the state does not necessarily have to prove the person was driving badly.  The .08 is enough.

The Court of Appeals has recently held in North Carolina that a 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. is not required to convict on a .08.  In other words, if evidence of a .08 (or .10 or .15 or whatever number) comes into court, but a 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. thinks that the person was not the driver, or that there was too much delay in testing the person, or that the reading was an error, the 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. can find the person “not guilty.”

So while a .08 is a per sePer se is Latin for "in itself" and is used to indicate that the fact proven is sufficient to prove guilt. For instance, a BACBAC stands for Blood Alcohol Concentration (or Breath Alcohol Concentration). It is a percentage of how much alcohol is in the body. In North Carolina and all states in the United States, a BAC of .08 or above while operating a vehicle is a violation of the law. A judge or jury may, but is not required to, find you guilty of 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 such a case. of .08 in 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. case is a per se violation of the law. Nothing else need be shown about the person's impairment to find guilt. violation of the law, the .08 does not require 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..  (That may not make sense to a non-lawyer, but that’s how the legal world functions.)

If you go to news.Google.com and search for the term 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. on any given day, you’re liable to find thousands of news stories about various people who have been stopped and arrested for 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’s because DWIs are far and above the most common serious crime in the United States.  They are common because they are the kinds of crimes that people commit without thinking about committing a crime.  They are serious because in most states, including North Carolina, the first offense is a crime.  And the first offense, if it results is a 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., means the suspension of a license for a year, a criminal record, fines, community service, and in certain circumstances, jail.

In fact, the maximum jail sentence in North Carolina for 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. is two years.  Most first time 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. defendants are not going to receive any jail time.  But, even where jail time is not a possibility, the other penalties, including the one-year revoked license, are expensive and unpleasant.

In addition, certain DWIs are punished even more harshly.  For instance, if you blew a .15 or above and if that number is admitted into court (a technical process involving verification of the number, your rights, and the proper functioning of the Intox EC/IR II machine), your license will be suspended for 1 year, and during that year you will have to have an InterlockAn interlock device is a piece of equipment installed in a vehicle. People convicted of a DWI where the BAC was a .15 or above are required to have an interlock device installed in the vehicle they drive for at least a year. That device is installed and maintained by Monitech. device in the car.

I’ve described the 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. as a “common crime” but how has the 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. created an out-of-control industry?

In other countries, there are no-tolerance rules.  If you’re caught driving with any amount of alcohol in your system, you’re going to be 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. of 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..  But in the United States, we’ve created a hybrid system where you can legally drive with some alcohol in your system, but not “too much.”

In order to measure whether someone has driven with “too much” alcohol in his system, a whole industry – makers of the machines, including the Intoxmeter, the Intox EC/IR, the Alcosensor, and so forth – form a multibillion dollar economy to supply police agencies with these machines.

In addition, the criminal justice system itself extracts hefty fines 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., other companies provide “substance abuse assessments” and treatment programs at high cost, and training companies have formed that train police officers, prosecutors, and even defense attorneys, like your humble writer, in how to either convict, or defend people against 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. charges.  These cost money as well.

Instead of simply out-lawing drunk driving completely, the United States has chosen a hybrid system, which I would argue is much more expensive, and less safe.

First, the iPad has the latest edition of the 2009 NCGS and federal sentencing guidelines and federal criminal statutes. In addition, the iPad can maintain PDF files which can include North Carolina’s structured sentencingStructured sentencing replaced Fair Sentencing in 1994. It created a felony sentencing chart and a misdemeanor sentencing chart in which most, but not all, punishments are imposed according to the level of the crime, and the individual's prior record level. charts for felonies and misdemeanors.

Moreover, the iPad is soon to have its own Daylite application to let those who use the Mac Daylite client management system to connect to their CMS remotely.

Finally, the iPad has a series of tools to allow people to book clients remotely, including credit card processing apps.

In addition, Damon Chetson is a member of the North Carolina Advocates for Justice, a state-wide organization that protects the interests of individuals. He is also a member of the National Association of Criminal Defense Lawyers, a prominent body of lawyers who practice criminal law.

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.

Here’s a rule of thumb: you should never say anything on Facebook anything you don’t want to hear again in a court of law.

The fact of the matter is that most people will never been charged with a crime. But for the people who do, prosecutors and investigators also know about facebook and other websites, and know that a simple Google search may reveal additional information that could incriminate the defendant.

For instance, if you use drugs, don’t say so on Facebook. And if you deal drugs, don’t flash gang signs in your Facebook profile picture. You may be laughing, but you’d be surprised by the number of people – particularly young people – who say stupid and even criminal things on facebook or twitter, and who, perhaps inadvertently, find themselves charged with a crime.

Police and prosecutors know that Facebook exists.  Many of them, in fact, use Facebook.  And they will search Facebook or other Social Media, or even simply Google, before your case is tried or before you are sentenced.

When you stand up before the judge and say, “Your Honor, I have changed my ways,” you better be sure that the prosecutorA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. doesn’t turn around with a printout of your Facebook or MySpace page where you’ve talked about getting drunk or high the weekend before.

In addition, if a prosecutorA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. wants to prove that you are in a gang, appearing in photographs flashing gang signs, or in gang colors, or even appearing to flash gang signs, even if you’re simply pretending, is a sure way to have a prosecutorA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. and a judge decide that you should be labeled a gang member and that restrictions should be placed on who you hang out with.