20 September

Sticky

Can a police officer stop and search you?

Imagine walking down the street, minding your own business, when suddenly a police officer stops you and searches you. It is a violation of your Fourth Amendment rights, which protect you from unreasonable search and seizure. An officer may only search you, your home or your vehicle if they have a warrant. A warrant is a legal document signed by a judge that allows an officer to conduct a search based on probable cause. It should specifically describe the person, place or property that the officer will search. However, there are cases where an officer may search you without a warrant. When...

28 June

0 Comments

Sticky

When does a DWI become a felony?

Posted by Chris Proffitt

in criminal defense, DWI/DUI

In North Carolina, you can get a driving while impaired (DWI) charge if you operate a vehicle while under the influence of alcohol or certain controlled substances, such as drugs. Although DWI generally falls under misdemeanor criminal offenses, certain factors can turn it into a felony charge. DWI as a misdemeanor People who operate a vehicle with a blood alcohol concentration (BAC) level of .08% or higher or any amount of certain controlled substances usually get a misdemeanor DWI charge. This charge goes from level one to five; level one is the worst and has the heaviest penalties, and level five is...

21 June

0 Comments

Sticky

An arrest is not a conviction

Posted by Chris Proffitt

in criminal defense, Criminal Law

A law enforcement officer can arrest an individual if they have reason to believe that person committed an offense. The officer arrests a suspect. The suspect is not yet a criminal. It is an allegation of wrongful conduct that may not necessarily have merit. In North Carolina, an arrest is only the third step in a criminal conviction. Only the court can convict a person. Only the court decides if a person is guilty of committing a crime. Individuals arrested for criminal behavior have the legal right to defend themselves against such accusations. How does a criminal conviction happen? In a criminal...

11 April

0 Comments

Sticky

How North Carolina charges criminal offenses

Posted by Chris Proffitt

in criminal defense

North Carolina divides charges into two categories: misdemeanors and felonies. The charges also fall into a sub-category of these divisions depending on the crime committed. The state established sentencing guidelines for these divisions, though a judge has the liberty to adjust the final sentence. By having your charges downgraded, you can avoid a serious penalty and reduce the impact on your criminal record. The charges you could face Violations do not receive the same criminal penalties as misdemeanors or felonies, and these typically occur with minor traffic incidents. A fine is often the only consequence of these infractions. More serious incidents become misdemeanors,...

13 March

0 Comments

Sticky

Medical marijuana bill possibly on its way to the NC House

Posted by Chris Proffitt

in criminal defense

Each state has to face the question of whether or not it maintains the decades-long restriction on marijuana. Many states have made the shift to medical marijuana. Some have fully legalized adult use and possession up to a certain amount. North Carolina remains one of the holdouts, but that may change over the next few voting cycles. Treatment for those in need Provisions in a bill that the North Carolina Senate recently passed, according to Marijuana Moment, include patient allowance for debilitating medical conditions. These medical conditions include cancer, Parkinson’s or HIV/AIDS. Advocates are confident that the bill can make it through the...

10 February

0 Comments

Sticky

How should you talk about a DWI in a job interview?

Posted by Chris Proffitt

in criminal defense

If you get arrested for drinking and driving, you may worry about how this offense will affect your life. Getting convicted for a DWI can carry serious consequences for your finances, reputation and your career. For example, according to the North Carolina Department of Public Safety, a Level V DWI carries a fine of up to $200 and a minimum jail sentence of 24 hours. If you are trying to get a job with a DWI on your record, the following strategies can help you navigate the interview process. Rely on honesty Depending on the situation, a potential employer may ask you to...

13 January

0 Comments

Sticky

Did the police overstep?

Posted by Chris Proffitt

in blog, criminal defense

When the police pull you over, you may become nervous and unwittingly give them information that helps them build a case against you. When investigating any crime, officers must follow protocol and procedures, but they sometimes overstep. The law protects your civil rights, and keeping that in mind can go a long way in exercising and asserting those rights. Do you have to answer questions? A roadside stop may lead the officers to believe you have committed a crime. As such, they may begin to ask you questions. Some of these are leading and depending on your frame of mind at the time....

16 September

0 Comments

Sticky

What are the five levels of misdemeanor DWI in NC?

Posted by Chris Proffitt

in criminal defense, Criminal Law

If a law enforcement officer stops you for drinking and driving in North Carolina, the state may charge you with one of five levels of a misdemeanor DWI. The levels are increasingly severe and have corresponding punishments. It is important that you understand the various levels of DWI charges so you can anticipate not only what to expect but also, how to defend yourself. The North Carolina Department of Public Safety explains the five levels of DWI charges you may receive in the Tar Heel State. Level V A level V DWI is the least severe type of DWI charge you may receive...

12 August

0 Comments

Sticky

What is a personal recognizance bond?

Posted by Chris Proffitt

in criminal defense

If you find yourself under arrest, you will go before a judge shortly after. This first appearance in court will allow the judge to determine bond. Bond allows you to get out of custody while your charges are pending. There are a variety of options available to the court, including not granting bond at all. But one potential result is the judge granting you a personal recognizance bond. Definition According to Findlaw, a personal recognizance release means the judge is taking your word that you will return to court and follow any other restrictions he or she places on you. Difference This type of bond...

26 May

0 Comments

Sticky

What type of relationship do domestic violence charges require?

Posted by Chris Proffitt

in assault and battery, criminal defense

Intimate partner violence, in which one party allegedly acts abusively toward someone else with which he or she has had a romantic relationship, is one of the most common forms of domestic violence. From a sociological point of view, it is only one of several different forms of domestic violence. For example, abuse can also occur among blood relatives. While domestic violence may take several different forms, North Carolina state law takes a different view. According to the University of North Carolina, the law sometimes specifies that a particular type of relationship must exist between the alleged abuser and the person...