If, like many people, you believe you have a legal obligation to answer any question a law enforcement officer asks you, think again. While you must identify yourself or produce identification when an officer requests you to, that is the extent of your legal...
criminal defense
What are the penalties for a first-time DWI in North Carolina?
During the last few weeks, many Asheville residents have celebrated the Christmas and New Year’s holidays. As part of that, they may have had a few festive drinks – maybe some spiced eggnog or hot buttered rum or mulled wine. If you were one of those who went to a...
The police have a new tool: Digital vehicle forensics
The police are using technology in ever-increasingly creative ways throughout their investigations. Now, an emerging science known as "digital vehicle forensics" is giving the authorities new ways to win convictions. What is digital vehicle forensics? Digital vehicle...
How DNA kits can destroy your privacy
At-home DNA kits from brands like 23andMe and Ancestry are very popular holiday gifts. They may also be destroying whatever semblance of privacy Americans may have left. It's not the DNA kits themselves that are a problem -- it's the databases being used to store the...
How a DUI can hurt your education and career
You might choose to party and drink socially to have fun and let go of the stresses of your academic studies or job. However, driving after such drinking is never worth the serious consequences. At minimum you face license suspension, hefty fines, jail time and even...
What makes you subject to tribal law in North Carolina?
The Eastern Band of Cherokee Indians has a significant population in North Carolina, and members of that nation who are accused of a criminal offense may be subject to tribal law instead of the laws of the state of North Carolina. Sometimes that's an advantage, and...
Why is mitigation important to your defense?
Whether the evidence against you is overwhelming and you're convicted at trial or you've simply resolved to plead guilty in court, mitigation becomes the next area for your defense attorney to address. A mitigating factor is basically anything that might indicate a...
Do the police always need a search warrant?
The 4th Amendment protects you from “unreasonable” searches and seizures by the police. A search may be more reasonable if the police get a search warrant signed by a neutral third party, often a judge. However, every search does not require a warrant. Understanding...
Understand your right to plead the Fifth
You might have heard the term "plead the Fifth" when you're watching a television show or movie that's about a criminal matter. If you're facing charges for anything, this is a phrase with which you might need to familiarize yourself. It may come in handy as your case...
What to do if facing arrest
Getting stopped by the police is scary, and many people do not understand their rights or how to act when faced with questions. There are ways to act within one’s rights without escalating the situation. If the police do make an arrest, it is important to know how to...