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Articles Posted in Criminal Defense

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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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FALSE ACCUSATIONS – Defenses to allegedly committing a crime

Being accused of wrongdoing and allegedly committing a crime when you’re innocent is disturbing at best. Your good name and reputation in the community are at stake. Even if found not guilty or the criminal charges are ultimately thrown out or dismissed, false allegations can affect your freedom, your future,…

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NC Court Update – Coronavirus

Will my case be continued? This morning at 11:00 a.m., the Chief Justice of the NC Supreme Court formally announced her Order regarding the Coronavirus.  It will affect court calendars, continuances, and future settings in North Carolina. The procedures and protocols apply statewide, involving a substantial number of civil matters…

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DWI Fatality Charges

DWI fatality and homicide cases, those involving murder, manslaughter, and felony death by vehicle charges in Mecklenburg County are handled by a special team of prosecutors. Defense attorneys and prosecutors alike refer to it as the “Homicide Team.” The lawyers in Charlotte who comprise the DA Homicide Team are some…

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