13 January

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Miranda warnings protect people’s rights under arrest

When people in North Carolina watch a police drama on television, they know to expect that an arrest scene will include the reading of the suspect’s Miranda rights. However, people did not always have their Fifth Amendment rights against self-incrimination presented to them when they were arrested. A 1966 Supreme Court decision gave the name Miranda rights to the list of rights that police are required by law to inform people about when they arrest them on criminal charges. People are told that they have the right to remain silent, that the things they say can be used against them...

08 January

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Could my child be expelled for possessing a controlled substance?

Posted by Chris Proffitt

in criminal defense, Drug Charges

The amount of freedom that young adults have when they first go to college can be eye-opening. Being away from home might make them realize they are solely responsible for their actions. This realization could mold your child to become more accountable or it could cause them to rebel. College students are known for experimenting with drugs, such as alcohol. However, some young adults might begin hanging out with the wrong crowd and delve into more dangerous illegal substances. This can lead to severe repercussions, both from the university and from law enforcement. Disciplinary action from the college Being caught by university law...

06 January

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Drunk driving charges and financial problems

Posted by Chris Proffitt

in criminal defense

Those stopped for driving under the influence face serious penalties, whether their ability to retain their driving privileges is in jeopardy or they face time behind bars. However, other major problems arise for many people in this position, especially from a financial standpoint. At Nielsen Legal, we understand that many people in North Carolina face financial hardships as a result of drunk driving cases. Moreover, some have existing financial problems prior to an arrest and the case makes their circumstances far worse. There are multiple reasons why drunk driving charges generate financial concerns. For example, these cases often bring high penalties...

16 December

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Can you contest radar evidence in court?

Posted by Chris Proffitt

in criminal defense

When a North Carolina law enforcement officer writes you a speeding ticket, (s)he likely used a hand-held radar gun to “clock” you going over the posted speed limit. But while radar gun results seem to be an open and shut case of compelling evidence against you, is this always true? FindLaw explains that if you truly do not believe you were driving over the speed limit at the time the radar gun says you were, you can — and probably should — hire a criminal defense attorney, plead not guilty at your arraignment, and challenge the radar results at your trial....

15 December

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Know the penalties for North Carolina drug crimes

Posted by Chris Proffitt

in criminal defense, Drug Charges

Like the federal government, North Carolina categorizes controlled substances depending on their potential effects and whether they have any proven medical use. Schedule I drugs are the most dangerous and carry the most significant penalties for possession and trafficking, while drugs on lower schedules result in lower penalties. Explore the potential legal consequences of drug possession or trafficking charges in North Carolina. Schedule I drugs This category includes heroin; Quaaludes; MDMA (ecstasy); and hallucinogens such as psilocybin mushrooms, LSD and peyote. Possession of these drugs for personal use is a felony charge that carries up to five years in prison, while trafficking charges can...

05 November

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Justice system change means kids will be treated like kids

Posted by Chris Proffitt

in criminal defense

In 2017, North Carolina lawmakers passed a law that will raise the age of juvenile jurisdiction for nonviolent crimes. This means that 16- and 17-year-olds who allegedly commit nonviolent crimes in the state will not be automatically charged as adults. North Carolina is the last state to automatically charge 16- and 17-year-olds as adults. However, when the “raise the age” law goes into effect on December 1, youth accused of nonviolent crimes will go through the juvenile justice system instead of the adult justice system. Why this change matters This change is important because those who go through the juvenile justice system may have...

25 October

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What are field sobriety tests?

Posted by Chris Proffitt

in criminal defense

If you are one of the many people who live in North Carolina and find yourself charged with driving while intoxicated offense, you may understandably feel afraid and unsure of what to do next. It is important to remember than an arrest and an accusation of a crime does not guarantee that you will be convicted of the charges. One element of a drunk driving investigation and arrest process is the administration of field sobriety tests. Understanding these tests is important for you. As explained by FieldSobrietyTests.org, there are three roadside tests approved for use by the National Highway Traffic Safety...

21 October

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Understanding North Carolina embezzlement laws

Posted by Chris Proffitt

in criminal defense, White Collar Crimes

When you think about embezzlement, you may imagine a large scheme designed to steal hundreds of thousands of dollars from a large corporation. In reality, however, many cases in which an employee steals from his or her employer involve smaller but nonetheless significant amounts. If you face theft or embezzlement charges in North Carolina, learn more about how the state laws will affect your case. State definition of embezzlement Theft becomes embezzlement when it involves certain individuals, including, but not limited to, trustees, clerks, agents and business administrators who divert company funds for their own use. Embezzlement is a Class H felony in North Carolina but...

26 July

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What are my Fourth Amendment rights?

Posted by Chris Proffitt

in criminal defense

The Fourth Amendment to the U.S. Constitution guarantees you the right to privacy. It specifically protects you from unlawful searches and seizures by law enforcement officers. In most cases, a warrant is necessary for a police officer to carry out a search or seizure. However, there are certain exceptions to the rule. Police officers can conduct certain searches and seizures without warrants in specific circumstances. Warrant requirement Police officers can search you or your property without violating the Constitution by obtaining a warrant from a neutral judge. The official seeking a warrant must explain the reasonable suspicion of criminal activity and identify the...

24 June

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How Keto diets impact breathalyzer results

Posted by Chris Proffitt

in criminal defense

Several recent cases in South Carolina and other states have uncovered a strange problem where drivers on a keto diet produce positive results for alcohol intoxication even when they haven’t been drinking. During ketosis, the liver increases its breakdown of fat, producing acetone. This chemical is partially evaporated as isopropyl alcohol. A breathalyzer can’t distinguish this from consumed alcohol that results from drinking according to many medical professionals, leading to a false positive. Companies that manufacture fuel-celled breathalyzers, which are the type used by the police during traffic stops, claim that their devices can tell the difference between isopropyl alcohol and...