05 January

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Must you answer a law enforcement officer’s questions?

If, like many people, you believe you have a legal obligation to answer any question a law enforcement officer asks you, think again. While you must identify yourself or produce identification when an officer requests you to, that is the extent of your legal obligation. You need not answer any additional questions or volunteer any additional information. In fact, doing so could come back to haunt you later. FindLaw explains that you have two kinds of rights when officers question you: constitutional and Miranda. Miranda rights In the 1966 U.S. Supreme Court case of Miranda v. Arizona, the Justices enumerated your Miranda rights...

04 January

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What are the penalties for a first-time DWI in North Carolina?

Posted by Chris Proffitt

in criminal defense, DWI/DUI

During the last few weeks, many Asheville residents have celebrated the Christmas and New Year’s holidays. As part of that, they may have had a few festive drinks – maybe some spiced eggnog or hot buttered rum or mulled wine. If you were one of those who went to a small gathering, drank a little more than you should have and then ended up facing a first-time drunk driving charge, you may be wondering what penalties you’ll face with a conviction. In North Carolina, a first-time DWI (driving while impaired) offense can include the following consequences: Paying a $200 fine Spending between 24 hours and 60...

01 January

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The police have a new tool: Digital vehicle forensics

Posted by Chris Proffitt

in criminal defense

The police are using technology in ever-increasingly creative ways throughout their investigations. Now, an emerging science known as “digital vehicle forensics” is giving the authorities new ways to win convictions. What is digital vehicle forensics? Digital vehicle forensics is the art of mining all of the data that gets collected by the computers in every modern vehicle. Up until recently, the amount of information that could be gleaned from a modern vehicle’s electronics was largely overlooked. That’s changed. Now, everything from a car’s navigational device, hands-free systems and other “smart” features can all be scoured for evidence that can disprove alibis or hand police...

23 November

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How DNA kits can destroy your privacy

Posted by Chris Proffitt

in criminal defense

At-home DNA kits from brands like 23andMe and Ancestry are very popular holiday gifts. They may also be destroying whatever semblance of privacy Americans may have left. It’s not the DNA kits themselves that are a problem — it’s the databases being used to store the information. While most people view these commercial DNA tests as either a novelty that can help them explore their family’s history, others use them to find long-lost (or hitherto unknown) relatives. To that end, many companies have created forums for people to upload their test results and look for genetic connections among others. Genetic investigations are getting more...

16 November

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How a DUI can hurt your education and career

Posted by Chris Proffitt

in criminal defense, DWI/DUI

You might choose to party and drink socially to have fun and let go of the stresses of your academic studies or job. However, driving after such drinking is never worth the serious consequences. At minimum you face license suspension, hefty fines, jail time and even loss of your education and career opportunities. Impact on employment When applying for jobs, your employer might ask if you have a misdemeanor or felony conviction or run a background check. For instance, if you intend to work as a licensed professional such as a pharmacist, doctor, attorney or nurse, a DUI on your record may prevent you from...

28 September

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What makes you subject to tribal law in North Carolina?

Posted by Chris Proffitt

in criminal defense

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 sometimes it isn’t, depending on the charges. The rules (and penalties) used in a tribal court are much different than the state’s. Who exactly is subject to tribal law? It’s a complicated question that doesn’t always have an easy or obvious answer, because you can have Native American ancestry and still not qualify for tribal citizenship....

31 August

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The process of appealing your criminal conviction

Posted by Chris Proffitt

in criminal defense

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 situation. Your awareness of how the appeals process works may help you feel more confident as you prepare to present new evidence and hopefully persuade court officials to rescind your original sentence. Steps to appeal According to the United States Department of Justice, a common misinterpretation of a court appeal is that it allows you a completely new trial. Rather, it is...

20 July

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Why is mitigation important to your defense?

Posted by Chris Proffitt

in criminal defense

Whether the evidence against you is overwhelming and you’re convicted at trial or you’ve simply resolved to plead guilty in court, mitigation becomes the next area for your defense attorney to address. A mitigating factor is basically anything that might indicate a reduced level of culpability on your part. It can also be something that shows the court that putting you behind bars for a lengthy period would serve no purpose, either because you’ve already taken steps to rehabilitate yourself or you are no real danger to anyone and not likely to re-offend. While the law in North Carolina does allow the...

09 July

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Do the police always need a search warrant?

Posted by Chris Proffitt

in criminal defense

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 when a warrant may or may not be necessary can help you understand your rights. Do you have an expectation of privacy? Generally speaking, if you have a reasonable expectation of privacy, the police would likely need a warrant. For example, most people consider their homes to be private. Thus, a warrant is often necessary to search your...

06 July

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Understand your right to plead the Fifth

Posted by Chris Proffitt

in criminal defense

You might have heard the term “plead the Fifth” when you’re watching a television show or movie that’s about a criminal matter. If you’re facing charges for anything, this is a phrase with which you might need to familiarize yourself. It may come in handy as your case moves through the court system. In short, you don’t have to have to answer questions that might lead to you being found guilty of a crime. This includes questions while you’re in police custody or while you’re in court. The protection means that you can’t be forced by anyone, including the judge or...