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Articles Posted in BILL POWERS

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When the State Profits from Crime: Taxing Crime in North Carolina

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,…

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What Is the Voluntary Intoxication Defense in North Carolina?

The Voluntary Intoxication defense in North Carolina criminal law is not an excuse for unlawful conduct but an evidentiary doctrine that can negate the specific intent required for certain crimes. It is one of the most demanding defenses to raise, requiring a high threshold of proof. Key Principles of the…

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Video Evidence in North Carolina Criminal Trials

When is video evidence admissible? Quick Take: In North Carolina vs. Ramsey (COA25-145, filed Oct. 1, 2025), the Court of Appeals approved admission of a short cell-phone clip for illustrative purposes: Eyewitness testified it fairly and accurately depicted what was observed Court treated missing chain links as issues of weight…

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Guilty Plea Appeal Rights After North Carolina v. Branham

Can You Appeal After a Guilty Plea in North Carolina? Quick Take: North Carolina v. Branham shows that guilty pleas in North Carolina do not automatically preserve appellate rights, but certiorari may sometimes fill the gap. The Court of Appeals held no statutory right existed to appeal a denied immunity…

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North Carolina Concealed Carry Law: Status of 2025 Legislation

North Carolina’s concealed carry law may be on the verge of a historic change. Presently, you must still have a valid permit to carry a concealed handgun. On July 29, 2025, the North Carolina Senate voted to override Governor Stein’s veto of Senate Bill 50, known as the “Freedom to…

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Remembering Fergie: A Giant Among Us

I’d already had a rough day when I got the text from my wife sharing Fergie passed.  “Dang,” was the only thing I could respond. I was without words. When someone from another generation passes away, particularly someone who was nothing less than a living legend and touchstone in the…

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Intermittent Fasting and Drunk Driving Charges in North Carolina

Intermittent fasting has gained popularity for a range of personal and medical reasons, from weight management and metabolic health to religious observance and athletic discipline. While it may offer certain physiological benefits, fasting also triggers changes in the body’s metabolic pathways that may complicate the interpretation of forensic alcohol testing…

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Eyelid Tremor Cannabis DRE: Unreliable Under Rule 702

Should Eyelid Tremor Be Used to Prove Cannabis Impairment in North Carolina? For years, the Drug Recognition Evaluator (DRE) protocol has relied on a structured set of physical observations to evaluate suspected drug impairment. Among these, the presence of eyelid tremor has been taught as a supposed sign of recent…

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I have grey hair for a reason

They didn’t show up all at once. A little around the temples after a run of back-to-back felony trials. A little more after a long, sleepless night waiting for a jury to come back on a case that could have gone either way. Years of courtroom advocacy and life as…

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How Much Does a Criminal Lawyer Cost in NC?

How much does a criminal lawyer cost in NC? That is one of the first and most important questions people ask when they are facing charges. The answer depends on several factors, including the type of charge, whether it is a misdemeanor or felony, how complex the case is, and…

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