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Articles Posted in CRIMINAL DEFENSE

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Judicial Independence in North Carolina

Judicial independence is one of the defining principles of American government. It protects the courts from political retaliation, intimidation, and coercion, allowing judges to apply the law faithfully rather than bending to public opinion or private pressure. Without judicial independence, due process would be hollow, and the rule of law…

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Understanding Miranda Rights – When Police Must Read Them And When They Don’t

“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…

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The Rule of Law in the United States

The Rule of Law is not just a value, a tradition, or a preference. It is the operating principle of the United States government and the foundation upon which legal rights, public institutions, and constitutional safeguards depend. The Rule of Law in the United States does not mean that laws…

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The Guilty Plea That Made the Courtroom Listen

The Client Behind a Guilty Plea That I’ll  Never Forget Some cases stay with you long after the courtroom clears. This is the story of a mentally ill client who entered a guilty plea in a murder case, and the extraordinary moments that followed. What he carried and what he…

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Strength, Sorrow, and Sentencing: What Defense Lawyers Carry Into the Courtroom

Defense lawyers don’t talk about it much. Not in CLEs. Not in chambers. Not even in the back halls of the courthouse, where truth slips out in whispered voices. We talk about strategies. We dissect rulings. We joke, sometimes darkly, because it keeps the walls from closing in. The emotional…

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The Role of Expert Testimony in North Carolina DWI Cases

Witnesses with specialized knowledge beyond that of a jury may in appropriate circumstances provide “expert testimony” in North Carolina. DWI (Driving While Impaired) charges in North Carolina regularly include evidence like breathalyzer results, blood tests, and standardized field sobriety tests. Given the scientific, forensic, and at times highly technical aspects…

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Charlotte Court Cases – COVID UPDATE

Criminal defense lawyers in Charlotte, prosecutors, clerks of court, law enforcement, and the legal professionals associated with court operations in North Carolina are on the front lines helping people during trying times. The Chief District Judge in Mecklenburg County, the Honorable Elizabeth Trosch, advises Charlotte Lawyers she has contracted the…

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Reasonable Suspicion: Can you give police the Middle Finger?

Shawn Patrick Ellis created quite a kerfuffle in more ways than one. His defiant middle finger and later refusal to identify himself to law enforcement resulted in a Superior Court criminal conviction for Resisting Officers. On a day focused on NC court closures, continuances, and the Coronavirus, Justice Robin Hudson…

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Is larceny a felony or misdemeanor criminal case?

Charlotte Criminal Defense Lawyer Bill Powers Answers the Question:  Is larceny a felony or misdemeanor criminal case? Why are some things considered a “minor misdemeanor” and other allegations of larceny considered a felony? What is a felony and why is it more serious?  Is larceny a felony or misdemeanor criminal case…

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What happens if I am charged with embezzlement?

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…

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