Sentencing and Consequences of Felony Death by Vehicle Convictions Felony Death by Vehicle is classified as a Class D felony in North Carolina. While almost all Class D felonies require active prison time, there is an extremely important exception. N.C.G.S. § 20-141.4(b)(2) allows a judge to impose an intermediate sentence…
Every criminal defendant is entitled to a fundamentally fair trial. In North Carolina’s two-tier system, a defendant convicted in District Court (the lower criminal court) can seek an appeal from district criminal court to Superior Court for a fresh trial. But does this trial de novo appeal truly safeguard the…
Being charged with a sex offense in North Carolina, regardless of whether there is a dismissal, can have long-term legal and personal consequences. While the formal legal obligations that apply after a conviction, such as sex offender registration or satellite-based monitoring, do not automatically attach to a pending charge, there…
Satellite-based monitoring (SBM) is a form of long-term electronic surveillance imposed by the courts in certain criminal cases involving sex offenses in North Carolina. Although it shares some similarities with electronic monitoring during probation, SBM is not limited to a period of court supervision. It can continue for years after…
In North Carolina, the legal obligation to register as a sex offender does not apply to every offense that involves sexual behavior. Instead, the state defines a specific group of criminal convictions, called “reportable convictions,” that trigger mandatory registration. Understanding who must register, how the law defines qualifying offenses, and…
What is Felony Death by Vehicle Under North Carolina Law? Felony Death by Vehicle, as outlined under N.C.G.S. § 20-141.4, occurs when someone unintentionally causes the death of another while operating a motor vehicle and simultaneously commits the offense of Driving While Impaired (DWI). In other words, Felony Death by…
In North Carolina, the presumption of innocence is more than a phrase. It is a legal principle that defines how the criminal justice system is supposed to treat you if you’ve been accused of a crime. But in real life, this idea is often misunderstood. You may hear it said…
Defense lawyers don’t talk about it much. Not in CLEs. Not in chambers. Not even in the back halls of the courthouse, where truth slips out in whispered voices. We talk about strategies. We dissect rulings. We joke, sometimes darkly, because it keeps the walls from closing in. The emotional…
The relationship between mental health and the criminal justice system in North Carolina exposes structural challenges that extend far beyond the walls of the courtroom. While jails are traditionally viewed as holding facilities for criminal defendants accused of crimes, it is not uncommon for people experiencing acute mental health crises…
The exclusionary rule is a foundational principle in American criminal law. While it traces its origins to federal constitutional doctrine, it now plays a central role in everyday trial practice, including in state courtrooms across North Carolina. The rule is most often encountered through motions to suppress evidence, but its…
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