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…
Articles Posted in Powers Law Firm
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…
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…
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…
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…
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…
District Criminal Court Appeals: Does Trial De Novo Protect the Right to a Fair Trial?
Every criminal defendant is entitled to a fundamentally fair trial. In North Carolina’s two-tier system, a defendant convicted in District Court (the lower criminal court) can seek an appeal from district criminal court to Superior Court for a fresh trial. But does this trial de novo appeal truly safeguard the…
After a Dismissal: What Happens If You’re Charged With a Sex Offense But Not Convicted in North Carolina?
Being charged with a sex offense in North Carolina, regardless of whether there is a dismissal, can have long-term legal and personal consequences. While the formal legal obligations that apply after a conviction, such as sex offender registration or satellite-based monitoring, do not automatically attach to a pending charge, there…
What Is Satellite-Based Monitoring in North Carolina?
Satellite-based monitoring (SBM) is a form of long-term electronic surveillance imposed by the courts in certain criminal cases involving sex offenses in North Carolina. Although it shares some similarities with electronic monitoring during probation, SBM is not limited to a period of court supervision. It can continue for years after…
Who Has to Register as a Sex Offender in North Carolina—and for How Long?
In North Carolina, the legal obligation to register as a sex offender does not apply to every offense that involves sexual behavior. Instead, the state defines a specific group of criminal convictions, called “reportable convictions,” that trigger mandatory registration. Understanding who must register, how the law defines qualifying offenses, and…