Criminal law practice extends far beyond dramatic courtroom trials. The real work of justice unfolds in courthouse hallways, conference rooms, after-hours emails, and through careful negotiations between prosecutors and defense attorneys. North Carolina criminal courts process thousands of cases each year, with resolution often coming through structured discussions and plea…
When can police officers conduct a patdown search, also known as a Terry frisk? The North Carolina Court of Appeals addressed this question in State v. Rowdy, providing insight into the balance between individual rights and law enforcement’s need to protect their personal safety. If you’re facing criminal charges, it’s…
In the realm of criminal law, few constitutional protections are as fundamental as those provided by the Fourth Amendment. These rights, which safeguard people against unreasonable searches and seizures, are continuously interpreted and refined through court decisions. A recent North Carolina Court of Appeals case, State v. Warren Douglas Jackson,…
The United States Supreme Court recently addressed the question of whether the Confrontation Clause of the Sixth Amendment is violated when a substitute analyst provides expert witness testimony about the results of forensic testing performed by a non-testifying analyst. The Court held that when an expert, in this instance a…
Nitrous oxide, often referred to as “laughing gas,” has long been a staple in medical and dental settings due to its anesthetic properties. However, its recreational use and distribution have become increasingly complex legal issues, particularly in North Carolina. For those concerned about potential criminal charges or simply seeking information,…
As Charlotte’s vibrant campuses come to life with the energy of a new academic year, students are embracing the freedom and opportunities that college life brings. However, this exciting chapter also comes with new responsibilities and potential legal pitfalls that many students may not anticipate. This guide aims to shed…
As the summer heats up and we’re celebrating the 4th of July, many North Carolinians aren’t all that sure about the rules surrounding fireworks. Unfortunately, sometimes not knowing the NC fireworks laws ends up with otherwise law-abiding citizens getting charged with a misdemeanor and all that entails. Whether you’re planning…
The alarming rise in hit-and-run incidents raises pressing questions for criminal defense lawyers about the psychology underlying why certain drivers fail to stop and render aid. From a fleeting moment of panic to a calculated decision to evade consequences, the decision to flee to elude criminal charges reflects a troubling…
What are the direct consequences of a guilty plea? In State of North Carolina v. Luis Fernando Saldana, the Court of Appeals of North Carolina examines the appeal of Luis Fernando Saldana against the trial court’s order denying his motion to withdraw a guilty plea entered in 2005. This case…
Upcoming changes to the way bond is set, and the pretrial release process, have captured the attention of criminal defense lawyers in North Carolina. Who will now set the terms and conditions of pretrial release, particularly in relation to DWI (Driving While Impaired) cases, and the process of determining release…