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Articles Posted in Criminal Defense

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Embezzlement in North Carolina – Crimes of Theft and Dishonesty

Embezzlement Charges in North Carolina – Caselaw Review In this episode of Law Talk with Bill Powers, we take a look at the case of State v Steele (as written by the Hon. Valerie Zachary) and discuss: What is Embezzlement in North Carolina? What is Larceny by Employee? Embezzlement vs…

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Assault Charges in Charlotte:  What is Assault?  

Assault charges can take many different forms from relatively minor allegations of simple assault, to more serious accusations of assault on a female, and assault with deadly weapon inflicting  serious injury.  The State carries the burden of proof for criminal charges. When involving allegations of an “assault,” one of the essential aspects…

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Charlotte Criminal Court

Charlotte Criminal Court is once again experiencing a COVID -19 outbreak among courthouse personnel. It is unclear whether those infected with the Coronavirus include Courtroom Clerks, Sheriff’s Department Officials, prosecutors, and/or criminal defense lawyers in Charlotte. Some scheduled matters in Criminal Court in Charlotte (Mecklenburg County – the 26th Judicial…

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Jury Instructions on Self Defense

The North Carolina Court of Appeals, in the December 31, 2020 published opinion North Carolina v. Charles Stephens (State v. Stephens No. COA19-425), sets forth what is required for a Jury Instruction on Self Defense. In determining what evidence is sufficient, such that the Defendant is entitled to a jury…

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Charlotte Court Cases – COVID UPDATE

Criminal defense lawyers in Charlotte, prosecutors, clerks of court, law enforcement, and the legal professionals associated with court operations in North Carolina are on the front lines helping people during trying times. The Chief District Judge in Mecklenburg County, the Honorable Elizabeth Trosch, advises Charlotte Lawyers she has contracted the…

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Reasonable Suspicion – Texting While Driving in North Carolina

Texting while driving in North Carolina is both very common and very illegal. NHTSA studies indicate “distracted driving” results in a substantial number of vehicle-related accidents and fatalities. Some highway safety experts believe texting while driving is as dangerous and possibly more dangerous than “drunk driving” given how common the…

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Coronavirus and Defense Lawyers  

Going to court never used to be a worry for criminal defense lawyers.  Ordinarily, attorneys have concerns, and a certain level of anxiousness, about the just disposition of criminal allegations and DWI charges in Charlotte. We care deeply for clients and their well-being. We went to law school to help…

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Coronavirus in our Courts

Today we received another disturbing email, advising someone who works in the Wake County courthouse in Raleigh is positive for the Coronavirus. Last week, criminal defense lawyers in Durham madly texted and emailed one another, sharing similar news. The Clerk of Court in Mecklenburg County recently advised a group of…

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York County Criminal Courts – Coronavirus Update

A Public Defender who works at the Moss Justice Center in York County, South Carolina has tested positive for SARS-CoV-2 Severe Acute Respiratory Syndrome Coronavirus 2. The Justice Center is where criminal charges in York County, which includes Rock Hill, Fort Mill, and Lake Wylie, are heard. Other court personnel…

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Reasonable Suspicion: Can you give police the Middle Finger?

Shawn Patrick Ellis created quite a kerfuffle in more ways than one. His defiant middle finger and later refusal to identify himself to law enforcement resulted in a Superior Court criminal conviction for Resisting Officers. On a day focused on NC court closures, continuances, and the Coronavirus, Justice Robin Hudson…

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