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…
“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…
The Debate Over Ratification and the Demand for a Bill of Rights In the aftermath of the 1787 Constitutional Convention, the proposed United States Constitution went to the states for approval. North Carolina emerged as a critical battleground in this ratification debate. Many North Carolinians were divided between Federalists, who…
DUI checkpoints ordinarily involve standardized patterns for stopping vehicles, as well as the use of portable breath tests (PBTs) and SFSTs – Standardized Field Sobriety Tests to assess possible alcohol consumption and appreciable impairment. North Carolina law allows law enforcement agencies to set up checking stations and roadblocks pursuant to…
Attorney Bill Powers discusses: When Do They Need a Search Warrant in North Carolina? Do I Have Rights? What Are They? Is Consent Required? Are Warrants Always Required? Laws involving Search Warrants are complicated and often fact specific – Bill Powers SEE: The…
f Hung, Deadlocked Jury Dynamite Charges: Jury Deliberations in North Carolina Caselaw Summary for North Carolina Supreme Court – North Carolina v. May North Carolina v. May 2015 North Carolina Supreme Court: EDMUNDS, Justice. Justice ERVIN took no part in the consideration or decision of…