The United States Supreme Court’s pending review of the federal firearm ban for unlawful drug users presents a deceptively simple question with potentially wide consequences. At issue is whether Congress may prohibit firearm possession by someone classified as an unlawful user of a controlled substance, even when that person is…
The 0.3% Dilemma | NC Marijuana Laws vs. Second Amendment Rights In North Carolina, the legal distinction between a state-regulated commodity and a federal felony is 0.3% Delta-9 THC. As the U.S. Supreme Court prepares to rule on the constitutionality of firearm bans for cannabis users, North Carolinians face a…
Let me start by saying this. I love lawyers. I am one. I am a former president of the North Carolina Advocates for Justice (NCAJ), an association of criminal defense, personal injury, and family law lawyers. Some of my best friends are lawyers. The profession as a whole is comprised…
The Sixth Amendment of the United States Constitution guarantees defendants charged with a crime the right to legal counsel. The North Carolina State Constitution reinforces that protection in Article I, Section 23 Declaration of Rights. A lot of folks facing a criminal allegation assume that legal right is absolute. As…
House Bill 307, known as Iryna’s Law, took effect December 1, 2025, and represents perhaps the most significant statutory reform to North Carolina’s pretrial release framework in decades. The legislation emerged in response to a high-profile homicide in Charlotte and puts into effect sweeping changes to bail procedures, pretrial detention…
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.…
Search the phrase “per se DWI North Carolina,” and the results look deceptively confident. AI summaries and legal directories will tell you that if your blood test hits a certain number, a conviction is inevitable. It is not the language of the statute. It is not the language used to…
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…
Voluntary intoxication occupies one of the narrowest spaces in North Carolina criminal law. It is not a general justification for unlawful conduct, nor is it a plea for sympathy. Instead, voluntary intoxication functions as a limited doctrine that may, under rare circumstances, negate the specific intent required for particular crimes.…
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…