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...
Criminal Law
The process of appealing your criminal conviction
Going through the process of participating in court proceedings and ultimately receiving a sentence may leave you feeling unsure of your future. Fortunately, you have the legal right to file an appeal in North Carolina if you disagree with the outcome of your...
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...
Misuse of company credit cards may lead to embezzlement charges
Embezzlement typically refers to situations in which employees misuse their employer’s funds. The funds may find their way into covering personal expenses or transfer to another individual, but the basic allegation is that it represents theft from an employer. Many...
Justice system change means kids will be treated like kids
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...
Researchers unveil marijuana Breathalyzer
Scientists at the University of Pittsburgh have announced a new tool to detect the primary psychoactive ingredient in marijuana, THC, on a person’s breath. The university began developing the device in 2016 as more states legalized recreational pot. Thirty-three...
Drug crimes involving cocaine are felony offenses
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...
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...
I’ve been charged with a Felony, but I have not been Indicted, why?
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...
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: Example A: Billy is riding in a car with Joey, who is the driver...