21 March

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Drug trafficking: Much more serious than possession charges

North Carolina readers know that criminal charges of any kind are a direct threat to their futures. This is especially true when facing charges that come with significant penalties, such as drug trafficking charges. Individuals charged and convicted of drug trafficking could face penalties that can change the course of their lives. If you are facing drug trafficking charges, your future and your freedom are on the line. It is critical to confront them with a strong defense and work diligently to avoid grave consequences. It can be helpful to learn more about your defense options and the next steps you...

21 December

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Did counting money lead to white collar crime counts against you?

Posted by Chris Proffitt

in criminal defense

Whether you’re native to North Carolina or recently moved here when you landed a new job, you’ve likely heard the term blue collar associated with people who earn their incomes in the labor industry. If you happen to work in an accounting department or as an entrepreneur or corporate executive, you may also be familiar with the term white collar as it relates to non-labor employment. In the 1930s, people started using the phrase white collar crime to describe non-violent illegal acts perpetrated for financial gain. You may have heard or used the term a hundred times but never imagined you...

29 September

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Underage? Repeat offender? Specific factors may impact DUI charge

Posted by Chris Proffitt

in DWI/DUI

Many facets can go into a charge for driving under the influence. Your age, criminal record, actions during the arrest and numerous other factors could impact the type of allegations with which police could potentially charge you. Because of the uncertainty that comes along with a DUI stop, you may wonder about the severity of your particular case. Even if you do not feel impaired, you could still face criminal charges for DUI. Officers may base their decisions on a variety of aspects, and you may need to gain information on what led to the charges in order to better know...

29 June

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Was your speeding ticket based on a radar gun? Challenge it

Posted by Chris Proffitt

in Traffic Violations

As you drove down the road, you may have seen the patrol car too late. You looked down at your speedometer and realized that you may have been driving over the speed limit. The radar gun was prominently poking out of the window of the patrol car, and you suspected that flashing lights and a speeding ticket were in your future. A speeding ticket may not seem like a big deal. You just pay the fine and go about your business, right? It may not be that simple if you already have points on your license or if your employer frowns...

25 April

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Drug crimes involving cocaine are felony offenses

Posted by Chris Proffitt

in Drug Charges

Drug charges of all kinds carry pretty significant penalties in North Carolina if a conviction ultimately occurs. Cocaine-related drug crimes are considered particularly serious. It does not matter if you face charges of simple possession, trafficking or anything in between, all cocaine-related charges are felony offenses. This week’s column will give a brief rundown of state cocaine laws and will provide information about what you can do to help yourself if you face charges for a cocaine-related crime. What are the punishments for cocaine-related crimes in North Carolina? The short answer to this is, it depends. It depends on the crime of which...

30 December

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New laws for cells behind the wheel

Posted by Chris Proffitt

in Traffic Violations

People are slowly catching on about the risks they are taking when they text and drive. Hardly a week goes by that the news does not report a tragic story of a young mother killed by a driver texting, a child in a crosswalk run over by a distracted driver or a teen posting to Facebook seconds before a fatal crash. California has seen its share of tragic accidents, yet its distracted driving rule had a serious flaw. The regulation specifically forbade the use of hand-held phones for talking and texting. In other words, you could still hold your phone and...

06 May

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Aid and Abet Driving while Impaired, and Aid and Abet Driving while License Revoked

Posted by Chris Proffitt

in Traffic Violations

Often law enforcement will charge someone with Aid and Abet of DWI even when they were not driving or sometimes not even in the car with the driver, or the car’s owner. This means that the person who is driving or operating the car is charged with Driving While Impaired and the owner of the car, the person who gave the driver the keys, or knowingly helped the driver get behind the wheel is charged. A North Carolina Court of Appeals case set out what the punishment as follows: “A party who aids and abets another in driving while impaired is guilty...

06 May

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Probable Cause Hearings and Grand Jury Indictment

Posted by Chris Proffitt

in criminal defense

North Carolina laws provide three ways by which a case can be prosecuted in Superior Court, which is where all felonies must be tried. The prosecutor may request that a judge find probable cause that the person committed a crime after a hearing in open court. This is called a probable cause hearing. If the District Court judge finds probable cause exists, the District Court judge can bind the person over for a trial in Superior Court. The probable cause hearing is a great time for a criminal defense lawyer to vigorously cross-examine the state’s witnesses and potentially end the case....

06 May

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I’ve been charged with a Felony, but I have not been Indicted, why?

Posted by Chris Proffitt

in criminal defense

Often, individuals are charged with felonies and their court dates are set for district court. As many people may know, felonies are typically dealt with in Superior Court and cannot be handled or disposed of through plea or trial in district court. However, there are many reasons that someone who has initially been charged with a felony may be in district court. The defendant or the person charged may need to be arraigned (a judge tells you what you have been charged with and the possible sentence range); Bond hearing on certain lower level felonies; Misdemeanors have also been...

06 May

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I’ve been charged Possession, but I did not have anything on me, how can they charge me? – Actual VS. Constructive Possession of Illegal Controlled Substances

Posted by Chris Proffitt

in Drug Charges

They say that possession is 9/10ths of the law, and in some ways this is very true in criminal proceedings. But there are some good arguments and defenses. Let’s run through a couple possible scenarios: Example A: Billy is riding in a car with Joey, who is the driver and Tommy who is another passenger. Unbeknownst to Billy, Tommy or Joey have a large bag of marijuana in the center console of the vehicle. Joey is stopped for speeding. The law enforcement officer comes up to the window and after talking with Joey says he smells marijuana and asks to search Joey...

Author: Chris Proffitt