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Carolina Law Blog

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Practice Tips for Defense Lawyers – Preserving Issues for Appeal

Jury trials, at least for criminal defense lawyers and prosecutors, represent the apex of professional life.  Prior to trial we review discovery, interview witnesses, and argue motions. We anticipate what may or may not be admissible. We prepare lines of questioning for direct and cross-examination, formulating in the process a…

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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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Carolina Courts and the Coronavirus

Not long after publishing our most recent update on Coronavirus and NC Courts, the Chief Justice of the North Carolina Supreme Court issued Emergency Directives supplementing prior Orders regarding court operations. Most notably, Justice Beasley in her Order: Clarifies there will not be Jury Trials in North Carolina likely through…

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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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I’m not going to shake your hand

If I say “hey” and smile, I’m genuinely glad to see you.  But I’m not going to shake your hand.  Greeting my friend Tom, a Gastonia lawyer in court this morning, I offered him an “elbow bump.” He at first looked quizzically at me, then quickly bumped elbows saying: That’s…

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