Criminal Defense

February 5, 2025

Hemolysis, BAC Testing, and Criminal Charges in North Carolina

Hemolysis involves the rupture of red blood cells in a blood sample. In the context of criminal charges, this can affect how accurately labs measure blood alcohol concentration (BAC). Mechanical factors like needle gauge selection, centrifugation practices, storage conditions, or simple delays can lead to hemolysis. The result may be an inflated or deflated BAC reading. For someone facing DUI charges or other criminal matters where BAC plays a role, understanding hemolysis, BAC testing, and its implications can help in reviewing the evidence.

If you have questions about the specifics of your legal matter, the legal team at Powers Law Firm is available for consultation. You may call or text 704-342-4357. You may also email Bill Powers at Bill@CarolinaAttorneys.com.

Below is a brief syllabus of the main topics covered in this document. Each entry links to a corresponding section that explains how hemolysis occurs, how labs test for BAC, and why these details may shape legal strategies.

February 2, 2025

Understanding Postmortem BAC – Blood Alcohol Concentration in North Carolina Criminal Defense

by Carolina Attorneys

This article discusses how alcohol normally travels through your body when you’re alive, how that changes once life ends, and why postmortem shifts can influence criminal defense in North Carolina. We will also explore the potential legal implications of an inaccurate or misleading BAC when the decedent—who, in criminal cases, may be considered a victim—had alcohol in their system.

By clarifying the complexities of forensic toxicology, our goal is to explain why thorough investigation and analysis by forensic toxicologists may be an essential aspect of building a defense strategy.

It is tempting to assume that the number on a lab report reflects an exact level of intoxication at the time of death, but the science behind postmortem BAC is often far more nuanced and complicated. Factors such as redistribution, laboratory processing, and even microbial activity can alter the reading—sometimes making it appear higher or lower than it actually was when the person was alive.

January 18, 2025

North Carolina Felony Murder Rule

by Carolina Attorneys

In North Carolina, if someone is killed during the commission or attempted commission of certain felonies involving a deadly weapon,

felony-child-abuse-charges-in-north-carolina

the offense may be charged as first-degree murder under what is commonly called the “felony murder rule.” Under this doctrine, a homicide arising from the perpetration or attempted perpetration of such a felony is treated as first-degree murder, even in the absence of premeditation or deliberation.

The recent appellate decision State v. Middleton (N.C. Ct. App. 2025) sheds light on how felony murder interacts with allegations of felony child abuse. While the underlying facts involved minors and grave injuries, the published opinion concentrates on the broader legal principles relevant to attorneys, law students, and others interested in North Carolina’s felony murder framework.

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January 15, 2025

Understanding Social Media Evidence and Admissibility in North Carolina: Insights from State v. Davenport

by Carolina Attorneys

Using social media as evidence in criminal courtrooms in Charlotte and throughout North Carolina has become an everyday reality. Facebook messages, Instagram chats, and other online communications can strengthen or undercut a case when introduced at trial. Yet questions of authenticity—Is the social media content and the source of those materials identifiable?—and relevance—Does it matter to the issues being tried?—are becoming more and more common during trials.

In North Carolina, these inquiries fall under the North Carolina Rules of Evidence, which guide judges and attorneys in determining which materials the jury is allowed to see. A recent appellate opinion, State v. Davenport, provides an up-close look at how courts tackle social media evidence in serious felony prosecutions.

By examining pictures taken of Facebook Messenger images displayed on a cell phone, the court explored how to authenticate digital content and manage related evidence (like 911 logs) to ensure a fair process. Below, we break down the facts of the case, the legal standards applied, and the broader implications for defendants facing criminal charges and attorneys dealing with social media evidence in the Tar Heel State.

January 13, 2025

Understanding Pretrial Release and Judicial Discretion: A Response to the Cornelius Police Department’s Statement

by Carolina Attorneys

Recent news out of Cornelius, North Carolina, will undoubtedly spark public discourse around defendants’ rights, law enforcement’s role, and the judicial process governing pretrial release. Specifically, an 18-year-old suspect charged with serious child sex offenses

was released to the custody of his parents pending further legal proceedings.

In response, the Cornelius Police Department issued a strongly worded public statement expressing dismay at the decision to grant release, contending that such an outcome “undermines the gravity of the situation and raises significant concerns about the risk to public safety.”

The Department went on to suggest that individuals facing these types of offenses “should be held in custody, pending further legal proceedings…to send a definitive message that crimes involving the exploitation and violence against children will not be taken lightly.”

January 10, 2025

Can I Drop the Charges? Understanding the Dismissal of Charges in North Carolina

by Carolina Attorneys

A common misconception in North Carolina criminal cases is that the person making an allegation, especially the alleged victim, can later decide to “drop the charges,” or “ask the Judge for a dismissal.”

It is understandable why someone might think that. In everyday life, we hear phrases like “I won’t press charges.” In reality, once law enforcement has arrested someone or a warrant, criminal summons, or citation has been issued, the authority to proceed rests with the State—not necessarily the witness or alleged victim.

To be clear, prosecutors certainly consider what prosecuting witnesses have to say. Indeed, some charges, such as “crimes against the person” (like simple assault, assault on a female, offenses involving the impairment of the defendant, etc.) are subject to the North Carolina Victims’ Right Act.

January 8, 2025

Attorney for Intent to Sell Charge in Charlotte: Understanding North Carolina Drug Laws

by Carolina Attorneys

Facing a drug charge in Charlotte can be overwhelming, especially when that charge involves an accusation of “possession with intent to sell or deliver,” sometimes abbreviated as PWISD. These cases typically are more serious than simple possession charges. If convicted, the long-term consequences could include a felony conviction record, potential jail or prison time, and issues finding housing or employment in the future.

This overview explains the basics of PWISD laws in North Carolina, including some typical felony classifications, possible penalties, and the difference between standard PWISD and more serious trafficking offenses.

It is intended for readers who may be unfamiliar with the legal system—particularly for anyone who has been charged or have a loved one dealing with a PWISD case in Charlotte.

November 22, 2024

The Art of Plea Negotiations and Plea Bargains

by Carolina Attorneys

Criminal law practice extends far beyond dramatic courtroom trials. The real work of justice unfolds in courthouse hallways, conference rooms, after-hours emails, and through careful negotiations between prosecutors and defense attorneys. North Carolina criminal courts process thousands of cases each year, with resolution often coming through structured discussions and plea bargains aimed at balancing competing interests, constitutional protections, and community safety concerns.

Plea negotiations in North Carolina can be equal parts chess match and diplomatic summit, requiring attorneys to balance competing interests while navigating complex human dynamics. As any seasoned defense attorney knows, there’s no cookie-cutter approach – each case demands its own carefully crafted strategy – Bill Powers, Criminal Defense Attorney

Criminal defense also benefits from understanding complex relationships between prosecutors, judges, law enforcement, and court staff. Mecklenburg County operates differently than Union County. Gaston County maintains different practices than Lincoln County.

November 15, 2024

When Can Police Officers Conduct a Patdown Search?

by Carolina Attorneys

When can police officers conduct a patdown search, also known as a Terry frisk? The North Carolina Court of Appeals addressed this question in State v. Rowdy, providing insight into the balance between individual rights and law enforcement’s need to protect their personal safety.

If you’re facing criminal charges, it’s helpful to understand the key aspects of patdown searches, including what they are, and when a “frisk” may be justified.

In this post, we discuss the legal principles at play, such as reasonable suspicion and the scope of a search, and examine how officer training and experience may factor into the equation.

October 6, 2024

Understanding Fourth Amendment Rights in Traffic Stops

by Carolina Attorneys

In the realm of criminal law, few constitutional protections are as fundamental as those provided by the Fourth Amendment.

These rights, which safeguard people against unreasonable searches and seizures, are continuously interpreted and refined through court decisions.

A recent North Carolina Court of Appeals case, State v. Warren Douglas Jackson, offers valuable insights into how these protections apply in real-world scenarios.