16 December

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Can you block the prosecution’s evidence in your criminal case?

If they hope to obtain a conviction, the prosecution has to present competent evidence against you. But even if that evidence seems convincing, you might be able to block it from being used against you. This is because evidence is sometimes collected in violation of your rights or in a way that otherwise jeopardizes its viability. But before the court will issue a ruling suppressing this evidence, you’ll have to raise the matter and competently argue your position. When can you block evidence from being used against you? There are several circumstances that can give rise to evidence suppression. This includes: When evidence...

08 November

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Did you just commit identity theft?

Posted by Chris Proffitt

in criminal defense

Identity theft could be a serious crime that destroys a person’s financial well-being. When someone steals personal information, they can wreak havoc on an individual’s life, damaging their credit score, emptying bank accounts and even committing crimes in their name. The law considers it a serious offense, so the consequences can be far-reaching and significant. The damage of identity theft might not be just about money; the emotional toll can be overwhelming. Because of its severity, facing accusations of this crime can also be devastating. It could be vital to know and recognize what identity theft looks like to avoid becoming...

04 October

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What to know if facing Class H felony charges in North Carolina

Posted by Chris Proffitt

in criminal defense

Class H felonies encompass a range of offenses that, while serious, are considered less serious than higher-class felonies. Those charged with a Class H offense should be aware of the potential consequences to prevent a worst-case scenario.. If you are charged with a Class H felony, arming yourself with the right knowledge, you are better prepared to make wise decisions in your case. Keep reading to learn more about these felonies. Examples of Class H felony offenses The offenses that can be charged as Class H felonies encompass a wide range of unlawful activities — many of them considered minor by most people....

07 August

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How theft, fraud, and embezzlement differ and are prosecuted

Posted by Chris Proffitt

in criminal defense

Understanding the distinctions between theft, fraud, and embezzlement is crucial, as each crime involves different actions and legal implications. It’s essential to know the breakdown of these offenses under North Carolina law and the laws for prosecution. Theft Theft, also known as larceny, involves unlawfully taking someone else’s property to deprive the owner of it permanently. The courts classify theft based on the value of the stolen property. For example, stealing property valued at $1,000 or less is a misdemeanor larceny, while stealing property worth more than $1,000 is a felony theft. Penalties vary, with misdemeanor larceny carrying lighter sentences than the...

07 June

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Understanding federal financial crimes and their consequences

Posted by Chris Proffitt

in criminal defense

Financial crimes are illegal acts involving money or financial transactions. These crimes often fall under federal jurisdiction due to their complexity and their wide-ranging impact on the economy. The federal government has agencies dedicated to investigating and prosecuting a wide variety of financial crimes, and there are serious consequences if you are convicted. Fraud Fraud involves deception to secure unfair or unlawful gain. One common type is securities fraud, where individuals deceive investors by providing false information about stocks or other investments. Another type is bank fraud, which involves schemes to defraud banks or other financial institutions. Mail and wire fraud, where individuals...

09 May

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When getting help for an overdose can protect you from arrest

Posted by Chris Proffitt

in criminal defense

Witnessing someone appear to suffer a drug overdose can be extremely frightening. While most people’s first instinct would be to call 911, those who have been using drugs with the overdose victim are often paralyzed with panic or simply leave the scene without getting help because they fear their call will be traced to them and they’ll be arrested. Even if they aren’t worried for themselves, they don’t want to get the other person arrested. Sometimes, people won’t call for help for themselves if they believe they’re overdosing. They’re afraid that after they’re treated, they’ll be arrested and taken to jail. In...

18 January

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Understanding shoplifting laws in North Carolina

Posted by Chris Proffitt

in criminal defense, Criminal Law

While shoplifting is a common form of theft, North Carolina treats the offense with considerable seriousness. Apart from the fines and jail time, a shoplifting charge can have a severe, lasting impact on a person’s life, regardless of the value of the goods stolen. Whether you’re a first-time offender or someone who’s been through the system before, knowing the laws and potential penalties for shoplifting is crucial. What constitutes shoplifting? In North Carolina, shoplifting offenses can be prosecuted under two laws: the state’s larceny law or the rules for concealment of merchandise. Generally speaking, the following actions are shopping offenses according to the laws: Concealing...

09 November

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Should you consider restorative justice for manslaughter charges?

Posted by Chris Proffitt

in criminal defense

Facing manslaughter charges is extremely daunting because it means being accused of causing someone’s death. It involves the loss of a human life, which carries a heavy emotional and moral burden. Defendants often grapple with feelings of guilt, remorse and sorrow, even in cases where the act was unintentional. It also comes with serious legal consequences like prison time and fines that can affect your life and loved ones. These cases often get much public attention, adding to the stress. Plus, understanding the legal system and terms can be confusing. It is a tough situation that calls for careful consideration and support....

10 October

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Can drug addiction be used as a legal defense?

Posted by Chris Proffitt

in criminal defense

Nobody ever plans to be a drug addict. Still, it does happen and can have a devastating impact on a person’s life. Drug addiction can cause some people to engage in criminal activities they may not have committed otherwise. Knowing this, can a person be held entirely responsible for their illegal act? How some drugs change brain chemistry Drugs interact with certain receptors in the brain to cause a surge of dopamine, a type of hormone and neurotransmitter associated with pleasure and reward. This is the same type of pleasure we naturally get from doing things we enjoy. However, the drugs may cause...

20 September

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Can a police officer stop and search you?

Posted by Chris Proffitt

in criminal defense

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...