Carolina Law BlogEmbezzlement Charges in North Carolina – Caselaw Review
In this episode of Law Talk with Bill Powers, we take a look at the case of State v Steele (as written by the Hon. Valerie Zachary) and discuss:
Articles Posted in Criminal Defense
Assault Charges in Charlotte: What is Assault?
Assault charges can take many different forms from relatively minor allegations of simple assault, to more serious accusations of assault on a female, and assault with deadly weapon inflicting 
serious injury.
The State carries the burden of proof for criminal charges. When involving allegations of an “assault,” one of the essential aspects of the evidence must center on whether the District Attorney can prove a criminal assault.
Interestingly the North Carolina General Statutes do not specifically define what is assault in North Carolina – Bill Powers, Charlotte Criminal Defense Attorney
Charlotte Criminal Court
Charlotte Criminal Court is once again experiencing a COVID -19 outbreak among courthouse personnel. It is unclear whether those infected with the Coronavirus include
Courtroom Clerks, Sheriff’s Department Officials, prosecutors, and/or criminal defense lawyers in Charlotte.
Some scheduled matters in Criminal Court in Charlotte (Mecklenburg County – the 26th Judicial District) on Monday, August 9, 2021, and Tuesday, August 10, 2021, will not take place in person.
If you have a pending criminal charge in Charlotte, whether it is a felony or a misdemeanor in Mecklenburg County, it’s a good idea to contact legal counsel immediately to determine whether an appearance is mandated and/or whether a case may be continued. Some matters requiring mandatory hearings per the NC Criminal Laws may proceed via remote, video hearings through WebEx.
Jury Instructions on Self Defense
The North Carolina Court of Appeals, in the December 31, 2020 published opinion North Carolina v. Charles Stephens 
(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.
Charlotte Court Cases – COVID UPDATE
Criminal defense lawyers in Charlotte, prosecutors, clerks of court, law enforcement, and the legal professionals associated with court 
operations 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.
Reasonable Suspicion – Texting While Driving in North Carolina
Texting while driving in North Carolina is both very common and very illegal.
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.
Coronavirus and Defense Lawyers
Going to court never used to be a worry for criminal defense lawyers. 
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.
Coronavirus in our Courts
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.
York County Criminal Courts – Coronavirus Update
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 
Syndrome Coronavirus 2.
Syndrome 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.
Reasonable Suspicion: Can you give police the Middle Finger?
Shawn Patrick Ellis created quite a kerfuffle in more ways than one.
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.