Criminal Law
The Consequences of a Felony Conviction in North Carolina
A felony is a crime, typically involving violence, that is seen as more severe than a misdemeanor. In North Carolina, felonies are divided into 10 different classifications, which don’t all have hard set rules for punishments. Sentences for felonies can range from death or life imprisonment to fines, probation, or community service. Beyond sentencing, the impact…
Read MoreCriminal Summons vs. Warrants for Arrest in NC
Being served in NC can have a serious impact; in this post, we’re breaking down the difference of criminal summons vs warrants for arrest. North Carolina is a unique state which allows local judicial officials to issue citizen-initiated warrants. This means that a citizen can go down to a local Magistrate for example, explain to them…
Read MoreClients Ask: Am I Guilty of Driving with License Revoked if I Didn’t Know?
In most states, having your driver’s license suspended or revoked is a consequence reserved for only the most significant driving misdeeds. DWI and DUI, reckless driving, or racking up multiple speeding tickets in a short period of time are common examples. Drivers in North Carolina may be more likely to find themselves with a suspended…
Read MoreClients Ask: How Do I Remove a Dismissed Case From My Record in NC?
One question we often get from clients after getting their cases dismissed is, how will this affect my record? Will a background check reveal I was arrested? Will the charges show up when I go to rent property? The short answer is usually yes, the arrest and charges would still appear. The follow up question,…
Read MoreNorth Carolina Expungement Law & What It Means For You
This post was updated June 13, 2019. In 2017, Gov. Roy Cooper signed the North Carolina expungement law that made it easier for people to have their criminal record expunged if they have been convicted of and served time for nonviolent crimes and have proven they can stay out of trouble with the law. Criminal…
Read MoreDrug Paraphernalia Laws in North Carolina
Being charged with Possession of Drug Paraphernalia is a serious offense, and also one that bewilders many defendants. How can someone be charged with a drug crime when no illegal drugs are actually found? And how can it be against the law to possess items that are legally available for purchase in stores?
Read MoreCell Phone Privacy Rights: Who Can Get Access to My Cell Phone?
Privacy rights for digital devices is still a largely unsettled and a relatively new issue today. UC-Davis Law Professor Elizabeth Joh says, “There’s still no good set of protections for a portal into your private life.” However there have been a couple of notable rulings that focused on whether or not police are permitted to…
Read MoreCriminal Law: Charlotte Man Convicted of Murder after 2012 Car Crash
On February 16, 2012 Victor Moultry, a Charlotte-area man, was involved in a series of accidents that were the result of his excessive speeding and driving while under the influence of cocaine. On that night, the defendant traveled to Huntersville where he rear-ended a truck at over 100 miles per hour, sending it down a…
Read MoreTampering with Traffic Cameras
Traffic cameras are used in areas throughout the country to help authorities catch those violating traffic laws at intersections and on roadways. Though they are often a source of controversy, they are still active in many states and municipalities. One New York man recently decided to take matters into his own hands. A man from…
Read MoreI have been charged with a crime or am under investigation and police are telling me it will be better for me if I just tell them what happened. What should I do?
You should never talk to the police without first consulting an attorney. Contrary to what the police officer may say, his interests and your interests are polar opposite. His job is to gather evidence that the DA can use to convict you. Can’t it be helpful to talk to the police? There is no way…
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