“They never read me my Miranda rights!” This is one of the most common statements criminal defense attorneys hear from clients who believe this oversight will automatically get their charges dismissed. Unfortunately, this widespread misconception, fueled by countless TV shows and movies, rarely reflects the reality of North Carolina criminal…
Every criminal defendant is entitled to a fundamentally fair trial. In North Carolina’s two-tier system, a defendant convicted in District Court (the lower criminal court) can seek an appeal from district criminal court to Superior Court for a fresh trial. But does this trial de novo appeal truly safeguard the…
In North Carolina, the presumption of innocence is more than a phrase. It is a legal principle that defines how the criminal justice system is supposed to treat you if you’ve been accused of a crime. But in real life, this idea is often misunderstood. You may hear it said…
A criminal conviction in North Carolina brings consequences that extend well beyond the sentence imposed by the court. Whether the offense is classified as a misdemeanor or a felony, the effects are not limited to fines, probation, or incarceration. A conviction can create long-term barriers that may affect your ability…
A substantial number of criminal charges in North Carolina are resolved through plea bargains and negotiated pleas, rather than a jury trial. That doesn’t mean your case isn’t serious or that the charges are minor. It means the criminal justice system is built in a way that often encourages negotiated…
Is sexual discrimination during jury selection a problem in North Carolina courtrooms? In North Carolina v. Bell, the North Carolina Supreme Court considered whether the defendant’s claim—that prosecutors used peremptory strikes based on gender—had been properly preserved for appeal or post-conviction review. The Court said no. This case is a…
Prosecutors and defense attorneys regularly rely on expert witnesses to explain evidence that benefits from specialized knowledge. That may involve reviewing things like breath and blood testing procedures, DUI retrograde extrapolation, accident reconstruction, and medical conditions that could affect impairment assessments. This article examines the different types of experts used…
Expert testimony can play a pivotal role in DUI charges in North Carolina. In part, that’s because allegations of impaired driving often involve complicated scientific, forensic evidence and technical procedures—such as chemical breath tests, blood alcohol analyses, and field sobriety testing—that lay jurors or even judges may not fully understand.…
When a law enforcement officer in North Carolina suspects impaired driving, they may conduct Standarized Field Sobriety Tests (SFSTs) to gauge whether enough evidence exists for an arrest or further chemical testing. Roadside dexterity tests—commonly the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test—remain a…
North Carolina drivers who are suspected of impaired driving may undergo two main types of breath or alcohol tests: a preliminary screening at the roadside and an evidentiary test under the state’s implied consent laws. These procedures are guided by statutes like G.S. 20-16.2, which defines the expectations placed on…