Let’s talk about Narron… and Simmons

Posted on - Intox EC/IR II

Earlier this week I wrote about a particularly silly attempt to shift the burden of proof in a driving under the influence trial. To briefly recap: a prosecutor argued that once the .08 had come into evidence in a DWI bench trial, the state had “discharged its burden,” and that in order for the Defense […]

Don’t Let the State Burden Shift in a DWI

Posted on - DWI

It is a foundational rule of American jurisprudence that the Defendant never has an obligation to put on evidence, and that the burden of proving a case beyond a reasonable doubt always rests with the State. This is true in dealing with general crimes. It is also true in Driving While Impaired offenses, where the […]

What is that Green, Leafy Substance?

Posted on - Marijuana

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 […]

New NC Criminal Laws for December 2015

Posted on - Raleigh Criminal Lawyer

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 […]

Aggravating Factors in Fatal I-85 Wrong Way Crash

Posted on - Raleigh Criminal Lawyer

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, […]

Vehicle Seizure As a Result of A NC DWI

Posted on - Raleigh Criminal Lawyer

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 […]

Are Pre-Paid Legal Plans Worth It? NO!

Posted on - DWI

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 […]

Why Are We Keeping Innocent People in Prison?

Posted on - Raleigh Criminal Lawyer

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 […]

An Open Letter to Dorothy Depalo: Re: Infilaw

Posted on - Law School

Dorothy Depalo works for Infilaw. Infilaw doesn’t really have anything to do with the law, other than it’s a private equity company that owns a bunch of ABA-accredited law schools. Dorothy sent me an email earlier today asking for my considered opinion on a variety of Infilaw company “law schools”. Naturally, I rated them all […]

 

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