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Archive for December 2015

What is that Green, Leafy Substance?

When is a green, leafy substance that smells and looks like marijuana not marijuana? When it’s industrial hemp, a legal product in North Carolina as of 2015. The legalization of industrial hemp has important implications for North Carolina criminal law in two areas – the justification used to search a home or car, or conduct…

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New NC Criminal Laws for December 2015

The legislature has enacted a handful of criminal laws that went into effect in December. Senate Bill 445 Burt’s Law This law makes it a crime for any staff member or volunteer in an adult care home for individuals suffering from mental illness or developmental disability to fail to report abuse or physical harm within…

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Aggravating Factors in Fatal I-85 Wrong Way Crash

On July 19, 2015, it is alleged that Chandler Kania, 20, driving while impaired, drove the wrong way on Interstate 85 in Orange County, NC, subsequently causing an accident that killed three people. As a result of the crash, Kania has been charged with 2nd degree murder, three counts of felony death by motor vehicle,…

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Vehicle Seizure As a Result of A NC DWI

Believe it or not, there are certain circumstances in which a North Carolina charge for DWI can result in the seizure of your vehicle. Let me clarify something – I’m not talking about a DWI conviction, I’m just talking about the charge. So essentially, the government has created laws that allow for it to take…

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Are Pre-Paid Legal Plans Worth It? NO!

I get a lot of mail. Some of it is important and some of it is junk. Yesterday, I got a marketing letter from a company called Legal Resources, a pre-paid legal services provider. If you’re not familiar with pre-paid legal services, the providers purport to operate like insurance companies, whereby you pay a monthly…

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Why Are We Keeping Innocent People in Prison?

We all have egos. They are fragile. They are easily wounded. But that in combination with immense power is a dangerous thing. There have been numerous stories, especially with the advent of innocence commissions, about innocent people serving prison sentences being exonerated, whether it be by DNA evidence, false confessions, flawed eyewitness testimony or any…

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