Archive for November 2011

Top 10 Drug Crime Myths

Many people assume that, upon an arrest for a drug crime, they will be convicted, ruining their chances of keeping or finding a job, or even keeping their freedom. Parents often assume that a drug arrest will necessarily mean their child will never be able to attend college, or lead a successful or fulfilling life.…

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Strange News: Man Arrested for Watching Child Porn on Delta Flight

Here’s some advice. If you’re going to possess child pornography – which under federal law is punishable by up to 40 years in prison and possible permanent detention if you’re determined to be a violent sexual predator – then it’s a good idea not to watch that child pornography on a cross country airline flight.…

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Top 10 Myths about Criminal Law

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…

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Top 10 DWI Myths

When I meet with clients about a DWI, they typically come to the meeting with pre-conceived ideas about how a case might go. This is because they’ve either seen a television show about a DWI or have had friends who have had DUIs or drunk driving charges in other states or jurisdictions. Let’s talk about…

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Video: Black Friday Marred by Violence

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…

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Thankful for the Fourth Amendment

I’m thankful for the Fourth Amendment which, in spite 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…

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Video explaining North Carolina DWI law changes

As of December 1, 2011 a series of new laws go into effect that alter the way various parts of North Carolina criminal law is practiced, including DWI laws. These changes to North Carolina’s DWI laws are the first important changes since 2006, and create a new punishment level that can lead to up to…

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Why Are Pleas So Rare in North Carolina DWI Cases?

If you want to understand why DWIs either almost always end with a guilty plea or a Not Guilty or Guilty result after a trial, you need to read N.C.G.S § 20-138.4, which requires that the prosecutor who reduces or dismisses a DWI charge must provide a detailed explanation in court, and must make a…

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Hearsay and Driver Licenses

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…

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