“Probable cause for an arrest has been defined to be a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in believing the accused to be guilty…. To establish probable cause the evidence need not amount to proof of guilt, or even to prima facie evidence of guilt, but it must be such as would actuate a reasonable man acting in good faith.” 5 Am.Jur.2d, Arrest § 44 (1962); State v. Harris, 279 N.C. 307, 182 S.E.2d 364 (1971).

Probable Cause Hearings in North Carolina

Modified Transcript of “Probable Cause to Arrest DWI” for Hearing Impaired:

February 22, 2015

DWI Burdens of Proof

by Carolina Attorneys

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 suspicion, typically we’re talking about the stop. When we’re talking about probable cause, we’re typically just talking about the arrest. Criminal procedure at large we’re talking about the process as a whole, but not from a factual end necessarily, but from a procedural one.

February 21, 2015

Charlotte Experienced Legal Counsel

by Carolina Attorneys

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 is no substitute for experience in a court room, and you can learn all the law and you can read all the cases and you can spend a lot of time looking over Discovery, and to me frankly that’s the beginning of point.

February 21, 2015

Are Miranda Rights Required?

by Carolina Attorneys

Modified Transcript of “Are Miranda Rights Required?” for the Hearing Impaired:

The single most common statement we hear from clients after the fact, after they’ve been arrested, is, “I wasn’t given my Miranda Rights, and as such, aren’t the charges or the case supposed to be dismissed?”

Upon making an arrest, a law-enforcement officer must:

February 20, 2015

Reasonable Doubt in Charlotte

by Carolina Attorneys

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 satisfies or entirely convinces you of the defendant’s guilt.

Legal Reference Materials: NC Judicial College Jury Instructions Notebook Materials

Modified Transcript of “Reasonable Doubt in Charlotte” for the Hearing Impaired:

February 20, 2015

Provisional DWI in NC

by Carolina Attorneys

Frequently Asked Questions About Underage DUI in North Carolina

If you are under 21 and charged with driving after consuming alcohol, you are likely facing what most people call “Underage DUI” pursuant to N.C.G.S. 20-138.3. The statute uses more formal language by describing the offense as driving by a person less than 21 years old after consuming alcohol or drugs. That formal title rarely appears in everyday conversation, which is why most people searching for information use terms like underage DUI, underage DWI, or provisional DWI.

The FAQs below reflect the questions people and their parents ask when facing these charges in Charlotte and across North Carolina. A fair amount of anecdotal information about underage DUI in North Carolina is inaccurate or incomplete, and the assumptions people bring to these cases too often create confusion. At the Powers Law Firm, Bill Powers has helped clients understand and defend N.C.G.S. 20-138.3 charges for decades. The answers below come from those real conversations and give you a clearer picture of what these cases actually involve.