04 June

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What to do if facing arrest

Getting stopped by the police is scary, and many people do not understand their rights or how to act when faced with questions. There are ways to act within one’s rights without escalating the situation. If the police do make an arrest, it is important to know how to act so someone does not unknowingly incriminate him- or herself. Rights if stopped by police Whether in a car or on foot, the ACLU states that no one has to answer certain questions, such as those regarding where someone lives, what someone is doing, the country of origin or where someone is going. In...

27 May

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Plea deals are sometimes viable defense options

Posted by Chris Proffitt

in criminal defense

When you’re facing criminal charges, you have several decisions to make early in the case. One of the primary ones is whether you are going to plead guilty or not guilty to the charges against you. Most people opt to plead not guilty so that they have a chance to fight the charges. For some individuals, the not guilty plea buys them time to find out if they are going to be able to work out a plea deal with the prosecutor. These agreements are typically encouraged by the courts since they help relieve the pressure on the court docket. One thing...

22 May

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The differences between burglary and breaking and entering

Posted by Chris Proffitt

in criminal defense

Confusion over the distinction between burglary and breaking and entering is understandable; each state has its own definitions that may not match up with others. In North Carolina, these two terms fall under the classification of property crimes. However, they refer to two different criminal offenses, and the penalties for each may be quite different. Breaking and entering buildings If someone breaks or enters a building but does not do any damage, he or she has committed a Class 1 misdemeanor, which could result in up to 45 days in jail. On the other hand, it is a Class H felony if someone enters...

23 April

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When is a DWI upgraded to a felony charge?

Posted by Chris Proffitt

in criminal defense, DWI/DUI

There is a whole slew of variables and factors that could change an allegation of driving while impaired to a felony charge. DWI (Driving While Impaired) charges in North Carolina carry historically higher penalties than DUIs (Driving Under the Influence). Even with an otherwise clean record, there are several important considerations for what criteria a court may cite when categorizing an offense. Understanding the DWI category stratification In North Carolina, several additional components of a charge that could increase the penalties involved in a DWI and turn what would otherwise be a misdemeanor into a felony. These factors are called ‘grossly aggravating...

27 March

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Know what might impact your criminal sentence

Posted by Chris Proffitt

in criminal defense

When you’re facing a criminal charge, one thing that you have to think about is what sentence you might have to deal with if you’re convicted. This can be a primary driving force for your defense strategy. There are several things that go into what sentence you’re likely going to get for your charges. The court is going to look at the sentencing guidelines for the charge you’re facing. In some cases, there are mandatory minimum sentences, which means the court can’t issue anything less than that specific sentence. There are also suggested options for them to consider, so knowing this might give...

24 February

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Study finds many court psychological tests junk science

Posted by Chris Proffitt

in criminal defense

The field of psychology is not doing enough to screen out unreliable psychological tests that are being used in the U.S. court system, according to a new study. As a result, courts in North Carolina and elsewhere are allowing junk science to improperly influence juries and judges in criminal trials and other court proceedings. Researchers from Arizona State University examined 876 U.S. court cases between 2016 and 2018 to determine what types of psychological tests were used. They found that the most frequently used test was the Minnesota Multiphasic Personality Inventory, and the second most frequently used test was the Rorschach...

10 February

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A drug conviction may make you ineligible for federal student aid

Posted by Chris Proffitt

in criminal defense, Drug Charges

If you attend the University of North Carolina at Asheville, you undoubtedly love your collegiate experience. After all, not only does the school provide a first-rate education, but it also offers dozens of opportunities for getting the most out of student life. If you rely on federal student aid to attend the university, though, a drug conviction may be problematic. The FAFSA allows students to apply for certain loans, grants and work study programs. When completing the application, you must answer a question about your criminal background. Specifically, you must reveal whether you have been convicted of possessing or selling a...

24 January

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What are the penalties for driving with a revoked license?

Posted by Chris Proffitt

in criminal defense

There are many traffic infractions and other violations that may lead to the North Carolina DMV suspending or revoking your license. During the duration of your suspension or revocation, it may be tempting to continue driving rather than choosing less-convenient transportation methods such as walking or riding a bus. However, if you get convicted of driving with a revoked license, you could face severe penalties. The North Carolina DMV states that you may get an additional suspension of your license after a conviction for driving with a revoked license. For example, a first offense may lead to an additional year of revocation, and...

14 January

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Why social media should be avoided while being investigated

Posted by Chris Proffitt

in criminal defense

While you may have spent your life trying to stay on the right side of the law, now you find yourself as the subject of a criminal case. You’re familiar with the fact that law enforcement will be gathering evidence about you. It can feel overwhelming and anxiety-inducing. And as you await a verdict, it can be common to want to let off steam. But one very important thing to keep in mind is to be careful of how you conduct yourself, notably on social media. Social media allows users to access a mass audience for little to no cost. And...

13 January

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Miranda warnings protect people’s rights under arrest

Posted by Chris Proffitt

in criminal defense

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...