North Carolina Criminal Law Updates

Hearsay Evidence – Present Sense Impression

December 12, 2020 | Fanney Law Office, PLLC

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 amount of confusion and therefore disagreement during a trial.

Very experienced criminal defense lawyers, prosecutors, and judges argue over hearsay and evidence issues. It can be a confusing area of law – John Fanney, Criminal Lawyer Raleigh NC

What is Reasonable Suspicion for Texting While Driving?

November 15, 2020 | Fanney Law Office, PLLC

The legal basis to stop a vehicle often involves an analysis of reasonable suspicion or probable cause in North Carolina and may include “texting.”

DWI defense lawyers, attorneys who handle drug charges in Raleigh, and even prosecutors are careful to analyze the alleged reasons law enforcement officers turn on the blue lights.

Texting while driving is illegal in North Carolina.

Will my case be continued?

April 10, 2020 | Fanney Law Office, PLLC

Attorneys in Raleigh and throughout North Carolina are deemed “essential personnel.”

Indeed, criminal defense lawyers as officers of the court are essential to the administration of justice and day-to-day operations.

The Wake County Courthouse remains open for certain types of pressing legal matters, including things like bond hearings, Chapter 50B Protective Orders, and what might otherwise be deemed “emergency-type” hearings for criminal charges.

Should I go to court if I’m sick?

March 9, 2020 | Fanney Law Office, PLLC

It’s hard to ignore all the media reports about the Corona Virus and COVID-19.

This time of year criminal lawyers in Raleigh are used to dealing with seasonal flu outbreaks.

Frankly, juggling schedules and calendars is just part of the job. If clients have questions about whether to come to court, we recommend they call the office – John Fanney, Raleigh Defense Attorney

Can I get my DUI charges dismissed?

February 10, 2020 | Fanney Law Office, PLLC

If you face DWI charges in Raleigh, you’re doing the right thing.

Researching criminal defense lawyers and considering your legal options is a good idea.

Clearly, the consequences of a conviction for driving while impaired can be a big deal.

Warrant for Arrest

January 9, 2020 | Fanney Law Office, PLLC

If you have a Warrant for Arrest or Order for Arrest (OFA), we recommend you retain legal representation from a Raleigh Criminal Lawyer without delay.

Our lawyers are here to help explain how the court system works, what to do when warrants are issued, and relative to your charges, the best way to move forward in timely addressing the warrant.

If you have an outstanding warrant for arrest, don’t wait. Seek legal guidance – John Fanney, Raleigh Criminal Defense

DWI Fatality

December 16, 2019 | Fanney Law Office, PLLC

Everyone knows the dangers of drinking and driving. Few people imagine a DWI fatality in their future, let alone felony criminal charges for a “drunk driving” homicide.

Driving While Impaired or “DWI” can serve as what defense lawyers call a predicate offense for Felony Death by Vehicle, Manslaughter, and Murder charges.

Given the potential long-term consequences, such allegations deserve, as a part of legal representation, careful review of the accident scene and forensic evidence.

Habitual DWI Charges

November 10, 2019 | Fanney Law Office, PLLC

Ordinarily, driving while impaired in North Carolina is a misdemeanor offense. There are exceptions to the general rule, especially in instances where a fatality results from the DUI or when there are multiple prior convictions, resulting in an indictment for habitual DWI charges.

Habitual driving while impaired is a felony offense in North Carolina. It takes into consideration prior convictions of DWI within a ten (10) year “look back” period from the date of offense on a new, pending DWI charge.

Habitual DWI differs from the misdemeanor “Laura’s Law” level A1 DWI in several different ways.

Is Domestic Violence in Raleigh a Federal Offense?

October 30, 2019 | Fanney Law Office, PLLC

You may have heard the old-school saying, “Don’t make it a federal offense.” That’s because getting charged and indicted in federal court is a big deal. Given recent media reports coming out of Charlotte, it’s now legit to ask, “Is Domestic Violence a Federal Offense?”

The even bigger question involves whether DV charges in Raleigh may be subject to such scrutiny by federal prosecutors in Raleigh.

As reported by WSOCTV in Charlotte, the United States Attorney’s Office in the Western District of North Carolina, is giving some domestic violence charges a second look. By that, we mean the District Attorney’s Office is ordinarily the government agency that prosecutes criminal charges, including DV charges, for state court offenses.

DMV Restoration Hearing

October 12, 2019 | Fanney Law Office, PLLC

Even after a “permanent revocation,” there are instances when administrative relief may be available through a process called a “conditional restoration” or “DMV restoration hearing.”

DMV hearings carry consequences, both potentially good and bad.

The inability to legally operate a motor vehicle can affect where you live, where you work, and your ability to support both yourself and your family.