Nielsen Legal

May 2016 Archives

Probable Cause Hearings and Grand Jury Indictment

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.

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

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:

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

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.

  • 10 Best |2016 | Client Satisfaction | American Institute Of Family Law Attorneys
  • 10 Best |2016-2017 | 2 Years | Client Satisfaction | American Institute Of Family Law Attorneys
  • National College For DUI Defense
  • North Carolina | Advocates For Justice | Protecting People's Right
  • 10 Best |2017 | Client Satisfaction | American Institute Of Family Law Attorneys
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