11 April

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Can I get arrested for biking while intoxicated?

We all know you will be arrested if you drive your car with a blood alcohol content of 0.08 or greater. We know you will be arrested if you are over the limit and are driving a motorcycle, ATV or boat. But what if you are in control of a bicycle and you are over the limit? Can you be arrested for Driving While Bicycling? In North Carolina, the answer is yes. A danger to yourself or others The question police officers must ask is if you are a danger to yourself or others. If the answer is yes, then they will stop you...

12 March

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Tougher policing leads to surge in young arrests

Posted by Chris Proffitt

in criminal defense

A study released recently by the RAND Corporation reveals that the number of young people arrested has surged in recent years, and the researchers behind the study say that more aggressive techniques adopted by law enforcement agencies in North Carolina and around the country are largely responsible. The nonprofit think tank observed a rise in arrests among all demographic groups over the last three decades with particularly steep increases among women and white men. After studying data on thousands of families compiled by the Panel Study of Income Dynamics over several decades, the researchers concluded that an American currently between...

13 February

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Why embezzlement is more frequent at small businesses

Posted by Chris Proffitt

in criminal defense, White Collar Crimes

Embezzlement can rock a company to its core. Often, the largest sums of money stolen from companies are taken by those in positions of authority. When a company loses money at the hands of its leaders, not only are investors and board members affected but rank-and-file employees quickly lose faith in the company as well. The effect can be much more traumatizing at a small company. That’s why a recent study was so shocking: It found that more than 80 percent of embezzlement thefts occurred at companies with fewer than 150 employees, and nearly 50 percent occurred at companies with fewer...

15 January

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Most cases tried in America involve misdemeanors

Posted by Chris Proffitt

in criminal defense

According to data from the FBI, cases involving misdemeanor charges account for 80 percent of criminal dockets in America. There are about 13 million misdemeanor cases annually in North Carolina and throughout the country. Such a large caseload may result in individuals not getting the outcomes that they may deserve. This is because public defenders may lack the time and other resources to give a defendant the zealous defense to which he or she is entitled. There tends to be a racial element at play when it comes to how cases are resolved. White Americans charged with a misdemeanor are 75...

17 December

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How can underage drinking affect your child?

Posted by Chris Proffitt

in criminal defense, DWI/DUI

North Carolina is strict on underage drinking compared to some states. If your child is charged with underage drinking, you may be wondering what could happen and how might it affect your child’s future. You don’t want one mistake to ruin your child’s future. Here are a few facts you should know about underage drinking: The law. No one under 21 years of age can possess, purchase or attempt to purchase alcohol. Violations are a class 1 misdemeanor. The Department of Motor Vehicles can revoke someone’s driver’s license, if convicted. Prosecutors may increase possession charges to a class 3 misdemeanor...

28 November

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What the First Step Act tries to accomplish

Posted by Chris Proffitt

in criminal defense

The First Step Act is intended to be a method in which the criminal justice system becomes more equitable. It was created through a joint effort from President Trump and the American Civil Liberties Union. However, it is unclear how it will ultimately help those with cases in North Carolina and other states. It is also unclear what its final form will be or if it passes over the objections of those in Congress. One of its goals is to make it easier for judges to use a safety valve mechanism to get around mandatory minimum sentences. It would allow those...

29 June

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Here’s what college students say about their drinking habits

Posted by Chris Proffitt

in criminal defense, DWI/DUI

You’d be hard-pressed to find a North Carolina college campus where zero percent of the student-body drinks alcohol. Even dry campuses report issues that are alcohol or drug-related. In order to better understand alcohol statistics in colleges throughout the nation, it helps to analyze why students drink in the first place. Your reasons for consuming alcohol on or off-campus may not be the same as your roommate’s; however, many students agree that certain factors significantly impact their choices. If you’re age 21 or beyond, you may legally drink alcohol, provided you are adhering to your own campus’s rules. However, many students...

22 June

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Fighting back against allegations or charges of robbery

Posted by Chris Proffitt

in criminal defense

Facing criminal charges of any kind are a serious threat to your personal freedom and your future interests. Regardless of whether the charges against you are serious felony charges or a minor misdemeanor offense, it is critically important to shield your interests to the best of your ability, fight these charges and work to keep your record clear. Robbery charges are particularly serious criminal charges in North Carolina. A conviction could lead to time behind bars and other penalties that can permanently alter the course of your life. Every robbery case is different, but you will find it beneficial to understand the applicable laws...

21 December

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Did counting money lead to white collar crime counts against you?

Posted by Chris Proffitt

in criminal defense

Whether you’re native to North Carolina or recently moved here when you landed a new job, you’ve likely heard the term blue collar associated with people who earn their incomes in the labor industry. If you happen to work in an accounting department or as an entrepreneur or corporate executive, you may also be familiar with the term white collar as it relates to non-labor employment. In the 1930s, people started using the phrase white collar crime to describe non-violent illegal acts perpetrated for financial gain. You may have heard or used the term a hundred times but never imagined you...

06 May

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Probable Cause Hearings and Grand Jury Indictment

Posted by Chris Proffitt

in criminal defense

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 called a probable cause hearing. If the District Court judge finds probable cause exists, the District Court judge can bind the person over for a trial in Superior Court. The probable cause hearing is a great time for a criminal defense lawyer to vigorously cross-examine the state’s witnesses and potentially end the case....