In the recent appellate decision of North Carolina v. Escalante (also cited as State v. Escalante), No. COA25-64, filed December 17, 2025, the North Carolina Court of Appeals examined whether the defendant had the legal right, known as standing, to challenge the legality of electronic surveillance used in his arrest.…
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…
Being charged with a sex offense in North Carolina, regardless of whether there is a dismissal, can have long-term legal and personal consequences. While the formal legal obligations that apply after a conviction, such as sex offender registration or satellite-based monitoring, do not automatically attach to a pending charge, there…
In North Carolina v. Capps, the North Carolina Court of Appeals examined two key issues arising from a felonious possession of stolen goods conviction: (1) whether the evidence was sufficient to prove the defendant’s constructive possession of stolen property; and (2) whether the trial court erred by excluding as hearsay…
Helping explain the 0.3 THC threshold and marijuana vs hemp issues to the jury likely necessitates a jury instruction that adds important language to pattern jury instruction that fully and accurately reflects the definition of hemp consistent with N.C.G.S. 90-87, NC PJI 260.10, NC PJI 260-15, NC PJI 260.17 et…