If you have been arrested for driving while impaired (DWI) in Raleigh, it is important to know your rights and what steps you need to take next. The first step is usually hiring an experienced DUI lawyer. But when is the right time to do that? In this blog post,…
North Carolina Criminal Law Updates
Should you Blow or Refuse?
Breath Testing in NC – Should you blow or refuse? When you are pulled over on suspicion of driving while impaired in North Carolina (DWI), the police officer may ask you to take a breath test. You may be wondering what you should do. Should you take SFSTs – Field…
FAQ about DWI charges in Raleigh NC
You need a good DWI lawyer DWI charges are serious stuff. Finding the right lawyer is imperative. We are here to help! If you’re someone who has been arrested for DWI in Raleigh, then it’s important to know what your rights are and how you can take action during this…
Raleigh Assault Charges: What is an “Assault?”
If you have assault charges in Raleigh, the allegations may involve simple assault or assault on a female or even assault with deadly weapon inflicting serious injury. Each of those types of criminal matters are comprised of “essential elements.” In order to prove someone guilty, the prosecutor must present evidence indicating…
I have a clean record
For whatever reason, people nowadays seem to think not having a prior record entitles them to an automatic dismissal. While there may be options available to avoid a conviction if you have a clean record, you should not assume your charges will be dismissed as a matter of course. That…
Shooting into Occupied Vehicle in Raleigh
The incidences of road rage and allegations of shooting into occupied vehicles have increased substantially in Raleigh and throughout North Carolina. Discharging a firearm or “barreled weapon,” as is described in North Carolina General Statute Chapter 14-34.1, is a felony criminal charge. That NC Criminal Law is interpreted by Courts in…
Confessions to a spouse in North Carolina
Everyone seems to have a passing familiarity with the attorney-client privilege and the secret nature of communications between someone facing allegations of criminal charges and their defense lawyer. That protection of confidentiality encourages the defendant, the person accused of a crime, to be honest with their lawyer. Honesty with legal counsel…
Search Warrants – Detain Occupants of Premises
Warrants to Search either persons or property, consistent with the 4th Amendment, must be predicated on Probable Cause. Some limited authority exists for law enforcement to temporarily detain occupants of the premises to be searched subject to the warrant. Such detainment must be limited to the area where an occupant…
Self-Defense Issues in North Carolina
The laws regarding self-defense can be intricate, requiring careful consideration of the use of force, the amount of force, and reasonableness. A defendant determined to have been the aggressor in an affray or fight may regain the right of self-defense (right to use force, including deadly force) when placed in…
Hearsay Evidence – Present Sense Impression
In layperson’s terms, “hearsay” is an out-of-court statement, made by a declarant (witness) who is not testifying in court, that is used to prove the truth or accuracy of the matter asserted. What is hearsay, and the many exceptions to the evidentiary rule about hearsay, is subject to a fair…