Archive for September 2012

Starting a Solo Practice – A Seminar

You probably don’t need to be told that this is the worst hiring environment for recently licensed (and even experienced) attorneys in… forever. A few statistics: Law schools are graduating 45,000 lawyers each year for what the Bureau of Labor Statistics estimates are about 25,000 new jobs. Average recent law grad educational debt is more…

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Updated Raleigh DWI E-Book

I recently updated my DWI E-Book which reflects the latest changes this year in North Carolina DWI law. It’s free – feel free to download the book by clicking the image below:

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Writs of Assistance: The Odor of Marijuana

The Fourth Amendment reads: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things…

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An Expansive Vision of Federal Criminal Law

The founders sought to create a federal government of limited, enumerated powers. The states, by contrast, where originally conceived is having police powers – the power to essentially enforce common criminal laws, to take one example. The original conception of the federal government was at once principled and practical. It was principled in the sense…

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Blood and Raleigh DWI Cases

When someone is arrested in North Carolina for a DWI, the state typically will require that the person undergo a chemical analysis. This analysis most often requires the person to blow into a machine called the Intox EC/IR II, a machine manufactured by Intoximeters, Inc. If the person refuses to blow or the person is…

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Based on my experience and training…

This video is pretty funny. The vast majority of officers I deal with are good, honest people trying to do a difficult job. But occasionally you hear the phrase “based on my experience and training” one too many times. Other phrases also crop up surprisingly frequently, driven by case law. For instance, the courts long…

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Reasonable Suspicion, DWIs, and Speeding

Reasonable suspicion is the standard by which an officer can effect a stop of a vehicle. It is the lowest standard in the criminal system. Reasonable suspicion requires that “[t]he stop… be based on specific and articulable facts, as well as the rational inferences from those facts, as viewed through the eyes of a reasonable,…

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New North Carolina Expungement Law Creates Opportunities

Expunction is the process by which you can remove arrests or convictions from your record. Until recently, North Carolina only permitted the expungement of certain crimes, based on age, and whether the person was an adult. In general, until recently, felonies could not be expunged, and criminal convictions of adults could not be expunged. This…

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Fleeing to Elude in North Carolina

Fleeing to elude in North Carolina can be a misdemeanor or a felony. Pursuant to NCGS 20-141.5 (pdf), fleeing to elude in North Carolina will be a Class H felony if any two of the following factors are present: Speeding in excess of 15 miles per hour over the legal speed limit. Gross impairment of…

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