Criminal Defense

January 13, 2025

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

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.

October 2, 2024

Lab Reports, Expert Witness & Courtroom Testimony for Criminal Charges

by Carolina Attorneys

The United States Supreme Court recently addressed the question of whether the Confrontation Clause of the Sixth Amendment is violated when a substitute analyst provides expert witness testimony about the results of forensic testing performed by a non-testifying analyst.

The Court held that when an expert, in this instance a substitute analyst, presents the out-of-court statements of another analyst as the basis for their own expert opinion, the statements are being offered for their truth.

This implicates the Confrontation Clause because the defendant is not able to cross-examine the original analyst about the testing procedures and results.

September 19, 2024

The Nitrous Oxide Dilemma: Legal Implications for Users and Distributors in NC and Beyond

by Carolina Attorneys

Nitrous oxide, often referred to as “laughing gas,” has long been a staple in medical and dental settings due to its anesthetic properties. However, its recreational use and distribution have become increasingly complex legal issues, particularly in North Carolina. For those concerned about potential criminal charges or simply seeking information, understanding the legal landscape surrounding nitrous oxide is valuable.

This post explores the intricate web of laws and regulations governing nitrous oxide in North Carolina and beyond.

We’ll examine where legal lines are drawn regarding personal use and distribution, and what consequences may arise from crossing these lines.

August 7, 2024

College Life and the Law: A Charlotte Student’s Guide

by Carolina Attorneys

As Charlotte’s vibrant campuses come to life with the energy of a new academic year, students are embracing the freedom and opportunities that college life brings. However, this exciting chapter also comes with new responsibilities and potential legal pitfalls that many students may not anticipate.

This guide aims to shed light on the legal challenges that Charlotte college students might face, from common misdemeanors to more serious offenses.

We’ll explore the current state of crime in Charlotte, discuss typical legal issues that students encounter, and provide insights on navigating the local legal system.

July 4, 2024

Fireworks in North Carolina: What You Need to Know to Stay Legal and Safe

by Carolina Attorneys

As the summer heats up and we’re celebrating the 4th of July, many North Carolinians aren’t all that sure about the rules surrounding fireworks.

Unfortunately, sometimes not knowing the NC fireworks laws ends up with otherwise law-abiding citizens getting charged with a misdemeanor and all that entails.

Whether you’re planning a backyard barbecue or a large community event, it’s helpful to understand the laws governing pyrotechnics in our state.