11 March

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What does probable cause mean?

As you drive along on the road, you may notice a police car put on its lights as the driver instructs you to pull over and stop to talk. After pulling you over, the officer must have hard facts in order to proceed with an arrest. Falsely or hastily placing someone under arrest without probable cause can lead to worse issues later on. How it is used According to FindLaw, probable cause is important when determining whether or not a person is performing an illegal action or carrying an illegal substance around. Putting someone under arrest when there is no proof or hint...

02 March

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How does a drug conviction affect your college financial aid?

Posted by Chris Proffitt

in criminal defense, Drug Charges

If you are a college-aged student, you probably know how expensive pursuing higher education can be. Fortunately, according to the U.S. Department of Education, you can compete for roughly $120 billion in government-backed financial aid every year. Your college or university also probably offers financial aid packages. During the war on drugs, the DOE implemented a draconian policy that caused students with drug convictions to become ineligible for loans, grants and work-study funds. That policy no longer exists. Therefore, you are not likely to lose your federal financial aid following a drug conviction. The financial assistance you receive from your college...

17 January

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Adult drug treatment court – an overview

Posted by Chris Proffitt

in criminal defense, Drug Charges, DWI/DUI

For people struggling with drug dependency issues, traditional courts and criminal penalties often do not serve their needs or aid with avoiding recidivism. As an alternative, several counties throughout North Carolina offer adult drug treatment court programs. Understanding the adult drug treatment court program may help people facing criminal charges determine if they will benefit from participation. Who is eligible to participate? According to the North Carolina Judicial Branch, to participate in the adult drug treatment court, people must meet certain eligibility criteria. To qualify for admittance into the program, people must have the following: A diagnosis of chemical dependency or borderline chemical dependency...

29 November

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Are you really ready to accept a prosecutor’s plea deal?

Posted by Chris Proffitt

in criminal defense

If you are facing criminal charges, there is a good chance a prosecutor may offer you a plea deal. After all, according to reporting from KSMU, roughly 95% of criminal prosecutions in the U.S. end with guilty pleas instead of judge or jury verdicts. Depending on the circumstances of your case, it may be advisable to negotiate a deal with prosecutors. Still, before you agree to any plea deal, you must be sure you are ready to do so. Asking yourself some basic questions may help you make an informed decision. Did you commit the crime? Accepting a prosecutor’s plea deal usually means...

17 October

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Can the prosecution back out of a plea deal?

Posted by Chris Proffitt

in criminal defense

If you face criminal charges, and if there is a strong likelihood that the prosecution will secure a conviction, a plea bargain may offer the most favorable outcome. If the prosecution offers a deal and you accept it, the courts will consider it legally binding, much like a contract. What if, however, the courts have yet to finalize your deal and the prosecution attempts to back out? Is it legally allowed to do so? No take-backs According to Nolo, the American Bar Association established Prosecutorial Function Standard 3-4.2(c), which essentially states that it is unprofessional for prosecutors to back out of plea agreements...

03 September

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What are the penalties for “death-by-vehicle” in N.C.?

Posted by Chris Proffitt

in criminal defense

Regardless of in which state you live, causing a motor vehicle accident that results in the death of another person is a serious matter. In North Carolina, however, it is more than a “serious matter.” It may constitute a criminal offense. According to DrivingLaws, if you commit a traffic violation and/or violate the state’s drunk driving laws and, in the process, unintentionally cause the death of another person, the state may charge you with “death-by-vehicle.” Whether you face felony or misdemeanor charges depends largely on what you were doing directly before the collision. Felony death-by-vehicle You face felony death-by-vehicle charges if, while driving...

06 August

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What is statutory rape in North Carolina?

Posted by Chris Proffitt

in criminal defense

Every state and the District of Columbia has an “age of consent,” which is the age at which the law considers an individual old enough to consent to participate in sexual activity. The age of consent in North Carolina is 16. If you engage in sexual intercourse with any person who is not yet 16, and if you are older than 16, the law may convict you of statutory rape. However, N.C’s statutory rape laws are not cut and dry, and it is important that you understand each statute that pertains to the offense if you face criminal charges. NC General...

27 June

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What qualifies as drug paraphernalia?

Posted by Chris Proffitt

in criminal defense, Drug Charges

From smoking to injecting, there are many ways to introduce controlled substances into your body. You can also use ordinary products, such as a can of spraypaint, in unintended ways to induce a feeling of euphoria. While possessing a controlled substance is against the law in North Carolina, having the instruments necessary to ingest one may also lead to criminal consequences. What is drug paraphernalia? According to state law, North Carolina has a broad definition of “drug paraphernalia.” Essentially, under the right circumstances, virtually anything may constitute drug paraphernalia. Even household items, such as a kitchen scale or spoon, may meet the legal...

28 February

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Vet charged with embezzlement receives probation

Posted by Chris Proffitt

in criminal defense, White Collar Crimes

An individual who obtained money or services through alleged false pretenses may face an embezzlement charge. A false statement of fact regarding a past, present or future event could result in a felony charge, according to the North Carolina General Assembly. An embezzlement charge generally does not require proof that a defendant violated a position of trust such as employment. He or she may, for example, have provided details of hardship that caused an organization to provide a benefit based on events that did not actually occur. Conviction requires proof of false statement and intent to defraud A prosecutor must provide evidence showing...

05 February

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Understanding North Carolina theft charges

Posted by Chris Proffitt

in criminal defense

You could receive either a misdemeanor or felony for theft and related property crimes in North Carolina. The judge will review the type of stolen goods, their value, and whether you used a weapon or harmed anyone during the theft. If a North Carolina court has charged you with theft, review the crimes in this category and their possible penalties. Larceny This category covers general property theft, charged as a Class H felony for amounts greater than $1,000. You could also receive felony charges for larceny involving breaking and entering (burglary), theft of a firearm, or theft from someone’s pocket, bag or person....