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Articles Posted in Criminal Defense

The North Carolina Court of Appeals, in the December 31, 2020 published opinion North Carolina v. Charles Stephens SELF DEFENSE IN NORTH CAROLINA(State v. Stephens No. COA19-425), sets forth what is required for a Jury Instruction on Self Defense.

In determining what evidence is sufficient, such that the Defendant is entitled to a jury instruction on a mitigating factor or a defense, the Court must consider the evidence presented at trial in the light most favorable to the defendant.

The trial court has the duty to instruct the Finder of Fact on all features deemed substantial in a case.

Criminal defense lawyers in Charlotte, prosecutors, clerks of court, law enforcement, and the legal professionals associated with court CRIMINAL LAWYERS IN CHARLOTTE NCoperations in North Carolina are on the front lines helping people during trying times.

The Chief District Judge in Mecklenburg County, the Honorable Elizabeth Trosch, advises Charlotte Lawyers she has contracted the Coronavirus.

We wish Judge Trosch and everyone who has contracted the Coronavirus a speedy recovery.

Texting while driving in North Carolina is both very common and very illegal.TEXTING LAWS IN NC

NHTSA studies indicate “distracted driving” results in a substantial number of vehicle-related accidents and fatalities.

Some highway safety experts believe texting while driving is as dangerous and possibly more dangerous than “drunk driving” given how common the practice has become.

Going to court never used to be a worry for criminal defense lawyers.  CRIMINAL DEFENSE LAWYERS IN CHARLOTTE

Ordinarily, attorneys have concerns, and a certain level of anxiousness, about the just disposition of criminal allegations and DWI charges in Charlotte.

We care deeply for clients and their well-being.

Today we received another disturbing email, advising someone who works in the Wake County courthouse in Raleigh is positive for the Coronavirus.

Last week, criminal defense lawyers in Durham madly texted and emailed one another, sharing similar news.

The Clerk of Court in Mecklenburg County recently advised a group of family law attorneys in Charlotte that three clerks are positive and “ten times that amount” have been sent home because of possible exposure.

A Public Defender who works at the Moss Justice Center in York County, South Carolina has tested positive for SARS-CoV-2 Severe Acute Respiratory CRIMINAL LAWYERS IN YORK COUNTY SCSyndrome Coronavirus 2.

The Justice Center is where criminal charges in York County, which includes Rock Hill, Fort Mill, and Lake Wylie, are heard.

Other court personnel work in the Moss Center, including the Office of the Public Defender, 16th District Solicitors (prosecutors) for the State of South Carolina, Magistrates, and the Clerk of Court for York County.

Shawn Patrick Ellis created quite a kerfuffle in more ways than one.REASONABLE SUSPICION IN NORTH CAROLINA

His defiant middle finger and later refusal to identify himself to law enforcement resulted in a Superior Court criminal conviction for Resisting Officers.

On a day focused on NC court closures, continuances, and the Coronavirus, Justice Robin Hudson delivered an opinion addressing the legality of giving someone the middle finger.

Being accused of wrongdoing and allegedly committing a crime when you’re innocent is disturbing at best.FALSE ACCUSATIONS

Your good name and reputation in the community are at stake.

Even if found not guilty or the criminal charges are ultimately thrown out or dismissed, false allegations can affect your freedom, your future, and how you’re treated by friends and neighbors.

Will my case be continued?WILL MY CASE BE CONTINUED IF COURT CLOSES?

This morning at 11:00 a.m., the Chief Justice of the NC Supreme Court formally announced her Order regarding the Coronavirus.  It will affect court calendars, continuances, and future settings in North Carolina.

The procedures and protocols apply statewide, involving a substantial number of civil matters and criminal charges in Charlotte, N.C.

DWI fatality and homicide cases, those involving murder, manslaughter, and felony death by vehicle charges in Mecklenburg County are handled by a special team of prosecutors.

Defense attorneys and prosecutors alike refer to it as the “Homicide Team.”

The lawyers in Charlotte who comprise the DA Homicide Team are some of the most seasoned courtroom attorneys I know.  If you have a matter with the Homicide Team, it’s a serious criminal charge and one that deserves careful consideration by a defense attorney with substantial courtroom experience- Bill Powers

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