A Criminal Defense Deep Dive by Bill Powers, Board Certified Criminal Law Specialist (NBTA/NBLSC), Powers Law Firm, P.A. (Charlotte, NC) As a criminal defense attorney in North Carolina, I am asked to explain the legal difference between planning a crime and attempting a crime. If you or a loved one…
QUICK ANSWER: In North Carolina, marijuana possession remains illegal under NCGS § 90-94, regardless of changing attitudes in other states. Charlotte courtrooms now explicitly ban marijuana odor with posted signs. While the smell itself isn’t a crime, appearing in court smelling like marijuana can damage your credibility, affect sentencing decisions,…
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…
If a “knock and talk” crosses the constitutional line, can what officers saw or learned still justify a search warrant? TL;DR Quick Take: North Carolina v. Norman tests the limits of North Carolina’s knock and talk doctrine and asks whether a search warrant can survive when officers use observations gathered…
DRE testimony has become a fixture in North Carolina’s most serious impaired driving cases, including felony death by vehicle and second-degree murder charges. The Court of Appeals’ July 2025 opinion in North Carolina v. Moore provides essential guidance for lawyers, judges, and anyone facing charges based on drug impairment evidence. Understanding…
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…
TAKE THESE CHARGES SERIOUSLY – They can have LONG TERM consequences! What happens if I am charged with embezzlement? What are my options? Is it a Felony or Misdemeanor? What are the long-term consequences? What is the difference between Larceny by Employee? How does it affect my job? Can Employers…
What is an Indictment? What is a True Bill in North Carolina? Can I be held in jail waiting for charges ? The short answer is no. If there aren’t charges pending, you can’t be held – Bill Powers Politely Advise Police You Wish to Say Nothing and REMAIN…
The Court of Appeals needs and deserves more human resources to do its important work in a timely fashion, not less. Important changes in the judicial system demand careful review – Bill Powers, President NCAJ Reduction of Court of Appeals judges should only occur after…
Is it a big deal to be charged with underage possession? Well, that depends on what you think is a “big deal?” – Attorney Bill Powers While underage possession of alcohol charges may not have resulted in an arrest, they can be rather embarrassing in the future, especially if…