North Carolina law prohibits the possession, sale, and trafficking of controlled substances. Yet the same State that prosecutes those offenses also taxes and therefore profits them. Is that right? Does that make sense? Should the government profit from crime? Is it OK to tax Drugs? Extortion? What about Illegal Pornography,…
Due process is one of the most enduring phrases in the American constitutional tradition. It appears in the Fifth Amendment, binding the federal government, and in the Fourteenth Amendment, extending the guarantee to the states. North Carolina’s Constitution also secures due process through Article I, Section 19, which provides that…
Eagle Springs Lake in Waukesha County is not a place you stumble upon. It sits tucked away, a spring-fed lake that has quietly carried on its rhythms for generations. For my family, the Powers name has been tied to this water for more than 100 years. That is not a…
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…
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…
When a fatal collision occurs on North Carolina’s roads, the legal system doesn’t apply a one-size-fits-all response. In cases involving loss of life, prosecutors may consider a range of charges depending on the circumstances. Two of the most serious offenses are Felony Death by Vehicle and Second-Degree Murder. While both…
Orders for Arrest OFA and Mecklenburg County Warrants: What Happens if I have a Warrant for Arrest? If you have questions about an “OFA” or an outstanding warrant in NC, our team of Charlotte criminal defense lawyers is here to help. It’s important to immediately address any outstanding legal process,…
Can I Dismiss Charges? What Happens If I Don’t Want to Prosecute? Do I Get a Say? Who Decides? Can you drop the charges? Not really. Can the State choose not to prosecute? Yes, in large measure it’s their decision – Bill Powers Prosecutors sometimes consider and weigh these case facts…
NCAJ President Bill Powers – Spring 2017 Trial Briefs – Reap a Harvest of Justice for All Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up Download Full Article: Harvest of Justice for…