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Articles Posted in criminal law

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

One of the most common misconceptions in criminal cases is the belief that charges will automatically be dismissed if police fail to read Miranda rights. That belief, often shaped by television and popular culture, rarely reflects how Miranda operates under North Carolina criminal law. Miranda rights are an important constitutional…

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What is required for a Pardon

  Actual Innocence.  Setting Aside a Jury Verdict and Criminal Conviction.  What is required for a Pardon in North Carolina? Twenty-seven years behind bars: 9,855 days,  236,520 hours, 14,191,200 minutes locked away in a prison. . .all the while being completely innocent of the charges levied.  That’s what happened to Edward…

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Reasonable Suspicion To Stop

Modified Transcript of “Reasonable Suspicion To Stop” for Hearing Impaired: . . .By a reasonable and articulable suspicion that the person seized is engaged in criminal activity. Reid v. Georgia, 448 U.S. 438, 440 (1980).   Any time I’m analyzing a DUI defense I generally break my assessment into four…

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