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Articles Posted in Powers Law Firm

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Guilty Plea Appeal Rights After North Carolina v. Branham

Can You Appeal After a Guilty Plea in North Carolina? Quick Take: North Carolina v. Branham shows that guilty pleas in North Carolina do not automatically preserve appellate rights, but certiorari may sometimes fill the gap. The Court of Appeals held no statutory right existed to appeal a denied immunity…

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Remembering Fergie: A Giant Among Us

I’d already had a rough day when I got the text from my wife sharing Fergie passed.  “Dang,” was the only thing I could respond. I was without words. When someone from another generation passes away, particularly someone who was nothing less than a living legend and touchstone in the…

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Intermittent Fasting and Drunk Driving Charges in North Carolina

Intermittent fasting has gained popularity for a range of personal and medical reasons, from weight management and metabolic health to religious observance and athletic discipline. While it may offer certain physiological benefits, fasting also triggers changes in the body’s metabolic pathways that may complicate the interpretation of forensic alcohol testing…

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Can I get a continuance?

If you’re facing charges in North Carolina, there’s a good chance your case will not be resolved on the first court date, and therefore, you will need a continuance. It might be continued again, and again after that. Whether you’re charged with DWI in Mecklenburg County or facing a felony…

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Eyelid Tremor Cannabis DRE: Unreliable Under Rule 702

Should Eyelid Tremor Be Used to Prove Cannabis Impairment in North Carolina? For years, the Drug Recognition Evaluator (DRE) protocol has relied on a structured set of physical observations to evaluate suspected drug impairment. Among these, the presence of eyelid tremor has been taught as a supposed sign of recent…

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What Is Improper Equipment in North Carolina and Can It Help with a Speeding Ticket?

Improper Equipment is a non-moving violation in North Carolina that can sometimes be used to resolve a speeding ticket or other traffic charge. While getting pulled over is frustrating, a bigger problem may come later with DMV points, insurance hikes, and in some cases, the risk of license suspension. In…

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I have grey hair for a reason

They didn’t show up all at once. A little around the temples after a run of back-to-back felony trials. A little more after a long, sleepless night waiting for a jury to come back on a case that could have gone either way. Years of courtroom advocacy and life as…

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How Much Does a Criminal Lawyer Cost in NC?

How much does a criminal lawyer cost in NC? That is one of the first and most important questions people ask when they are facing charges. The answer depends on several factors, including the type of charge, whether it is a misdemeanor or felony, how complex the case is, and…

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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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North Carolina’s Influence on the Fourth Amendment and the Bill of Rights

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…

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