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Articles Posted in Powers Law Firm

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Due Process in North Carolina and American Jurisprudence

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…

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Video Evidence in North Carolina Criminal Trials

When is video evidence admissible? Quick Take: In North Carolina vs. Ramsey (COA25-145, filed Oct. 1, 2025), the Court of Appeals approved admission of a short cell-phone clip for illustrative purposes: Eyewitness testified it fairly and accurately depicted what was observed Court treated missing chain links as issues of weight…

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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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