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Articles Posted in POWERS MCCARTAN

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DWI Burdens of Proof

North Carolina Rules of Evidence Modified Transcript of “DWI Burdens of Proof” for Hearing Impaired: The third burden of proof that the state has to satisfy when we’re speaking about a prosecution for DWI, I’m just going to refer to as criminal procedure at large. When we’re talking about reasonable…

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Charlotte Experienced Legal Counsel

Modified Transcript of “Charlotte Experienced Legal Counsel” for the Hearing Impaired: How do I understand how to represent a serious felony? The simple answer is hard knocks, it’s life. It’s being in the trenches and fighting for someone’s life and their livelihood and their family and their well being. There…

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Reasonable Doubt in Charlotte

    Reasonable Doubt A reasonable doubt is a doubt based on reason and common sense arising out of some or all of the evidence that has been presented, or lack or insufficiency of the evidence as the case may be. Proof beyond a reasonable doubt is proof that fully…

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Charlotte Mecklenburg Court Holidays

Charlotte Mecklenburg Court Holidays are as follows: January 1, 2015 – New Years – Thursday January 19, 2015 – MLK  – Monday April 3, 2015 – Good Friday – Friday May 25, 2015 – Memorial Day – Monday July 3, 2015 – Fourth of July – Friday September 7, 2015…

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Can An Attorney Represent Two People

Modified Transcript of “Can An Attorney Represent Two People” for the Hearing Impaired: **Applies to both civil and criminal matters. It’s not unusual for an attorney to represent more than one person in a case. The attorney needs to make sure that each person is represented to the best of…

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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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Telling Truth To Lawyer

Modified Transcript of “Telling Truth To Lawyer” for Hearing Impaired: In criminal cases, whether it’s a DUI or a misdemeanor, even a felony – heck, even traffic tickets – it’s not unusual to have a client later fess up when they’re talking to us in the office and say “I…

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No Money For Attorney

  Does the Court automatically appoint a Public Defender? What is the process for seeking legal assistance in Criminal Cases? Are public defenders or appointed counsel free? Modified Transcript of “No Money For Attorney” for Hearing Impaired: The question regarding, “Should I use a Public Defender?” Although it’s a really…

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HOW TO RETAIN A LAWYER

  Modified Transcript of “How To Retain A Lawyer” for Hearing Impaired: Retaining an attorney should take more than a two minute conversation on the phone. We like to provide some basic information during initial phone conference and especially for more serious cases, cases involving the potential for jail time…

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DWI BELOW THE LEGAL LIMIT

Modified Transcript of “DWI Below the Legal Limit” for the Hearing Impaired: One of the things that we hear about from a lot of our clients, and it’s a great question, is, “Hey, if I am not 0.08 or higher, can they actually hang DWI on me? Can I be…

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