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Articles Posted in Criminal Defense

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Jailhouse Letters and Defendant Communications with Law Enforcement

Quick Take: North Carolina vs. Wilson (Oct. 2025) holds that a defendant’s jailhouse letter admitting to a shooting to law enforcement was admissible as substantive evidence, even when framed as a negotiation. Jailhouse letters in North Carolina are not protected under Rule 408 and may be used as proof of guilt.…

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Video Evidence in North Carolina Criminal Trials

When is video evidence admissible? Quick Take: In North Carolina vs. Ramsey (COA25-145, filed Oct. 1, 2025), the Court of Appeals approved admission of a short cell-phone clip for illustrative purposes: Eyewitness testified it fairly and accurately depicted what was observed Court treated missing chain links as issues of weight…

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Guilty Plea Appeal Rights After North Carolina v. Branham

Can You Appeal After a Guilty Plea in North Carolina? Quick Take: North Carolina v. Branham shows that guilty pleas in North Carolina do not automatically preserve appellate rights, but certiorari may sometimes fill the gap. The Court of Appeals held no statutory right existed to appeal a denied immunity…

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Ketogenic Fasting Alcohol Effects on BAC and DWI Charges

Can Ketogenic Fasting Affect Your DWI Charges in North Carolina? If you’re following ketogenic fasting, characterized by prolonged calorie and carbohydrate restriction, you may be unknowingly altering your body’s response to alcohol and potentially impacting DUI test results and associated criminal allegations of “drunk driving.” While ketogenic fasting triggers autophagy,…

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North Carolina Concealed Carry Law: Status of 2025 Legislation

North Carolina’s concealed carry law may be on the verge of a historic change. Presently, you must still have a valid permit to carry a concealed handgun. On July 29, 2025, the North Carolina Senate voted to override Governor Stein’s veto of Senate Bill 50, known as the “Freedom to…

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Remembering Fergie: A Giant Among Us

I’d already had a rough day when I got the text from my wife sharing Fergie passed.  “Dang,” was the only thing I could respond. I was without words. When someone from another generation passes away, particularly someone who was nothing less than a living legend and touchstone in the…

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Can the alleged victim drop the charges?

One of the most common questions criminal defense lawyers hear is, “Why am I still being charged if the alleged victim wants to drop the charges?” It’s a fair question. If the person who called the police doesn’t want to go forward, why would the court system care? In North…

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Legal But Unfair: Why some people go to jail and others don’t

Criminal defendants expect the legal system to deliver fairness. Our courts are designed to deliver legal compliance with the laws of the State of North Carolina, our state constitution, and the US Constitution, not necessarily fair results or what some facing criminal charges might believe is just or true “justice.”…

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Happy 4th of July North Carolina!

The 4th of July in North Carolina is a time for celebration. Families gather for cookouts, fireworks, and long weekends on the water. It is a tradition built around freedom, but every year it brings a familiar pattern to courtrooms across the state. Fireworks tickets, alcohol-related charges involving underage possession,…

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