Criminal Defense

May 21, 2025

Who Has to Register as a Sex Offender in North Carolina—and for How Long?

In North Carolina, the legal obligation to register as a sex offender does not apply to every offense that involves sexual behavior. Instead, the state defines a specific group of criminal convictions, called “reportable convictions,” that trigger mandatory registration. Understanding who must register, how the law defines qualifying offenses, and how long those obligations last is essential for anyone facing charges that might carry these consequences.

This post explains the legal framework for sex offender registration in North Carolina, including how reportable convictions are defined, how aggravated status or recidivism affects the rules, and how long a person remains on the registry after registration. It also addresses related factors such as offense dates, eligibility for termination, and legal distinctions between standard and aggravated registration programs.

If you’re facing serious criminal charges in Mecklenburg, Union, Iredell, Gaston, or Lincoln County, and need to understand what’s at stake, call or TEXT Powers Law Firm at 704-342-4357. We may be available to assist.

May 17, 2025

Felony Death by Vehicle Charges in Iredell County NC

by Carolina Attorneys

What is Felony Death by Vehicle Under North Carolina Law?

Felony Death by Vehicle, as outlined under N.C.G.S. § 20-141.4, occurs when someone unintentionally causes the death of another while operating a motor vehicle and simultaneously commits the offense of Driving While Impaired (DWI). In other words, Felony Death by Vehicle directly ties an impaired driving offense to the fatal consequences that result from it. If you’re facing this charge in Iredell County, understanding the legal elements and consequences involved is key.

For the prosecution to establish guilt for Felony Death by Vehicle, they must prove beyond a reasonable doubt that:

May 14, 2025

Presumption of Innocence: What It Really Means to Be Innocent Until Proven Guilty

by Carolina Attorneys

In North Carolina, the presumption of innocence is more than a phrase. It is a legal principle that defines how the criminal justice system is supposed to treat you if you’ve been accused of a crime. But in real life, this idea is often misunderstood. You may hear it said in court, and you might even believe it should protect you. Still, once you’ve been charged, it can feel like the system assumes the opposite.

This article explains how the presumption of innocence works in practice in North Carolina, how it shapes the process, and what it means for you or a loved one facing criminal charges.

If you’ve been charged with a crime, it’s natural to have questions about how the system works. Understanding the presumption of innocence in North Carolina can help you make sense of what to expect and where to begin. If you’re looking for clarity or simply want to talk through what’s happening, you’re welcome to call or text Powers Law Firm at 704-342-4357. We may be able to help.

May 10, 2025

Strength, Sorrow, and Sentencing: What Defense Lawyers Carry Into the Courtroom

by Carolina Attorneys

Defense lawyers don’t talk about it much. Not in CLEs. Not in chambers. Not even in the back halls of the courthouse, where truth slips out in whispered voices. We talk about strategies. We dissect rulings. We joke, sometimes darkly, because it keeps the walls from closing in. The emotional cost of criminal defense, the weight we carry, the doubt we swallow, the sorrow we sit beside, is something most of us keep to ourselves.

After more than thirty years as a criminal defense lawyer, I have learned that strength and sorrow are with me when I enter the well of the bar in a North Carolina Superior Court for sentencing.

You might think that I’d be used to it.

May 7, 2025

Why People With Mental Health Issues End Up in Jail in North Carolina

by Carolina Attorneys

The relationship between mental health and the criminal justice system in North Carolina exposes structural challenges that extend far beyond the walls of the courtroom. While jails are traditionally viewed as holding facilities for criminal defendants accused of crimes, it is not uncommon for people experiencing acute mental health crises to be booked into jail rather than admitted to a psychiatric or substance use treatment facility equipped to provide appropriate care.

For criminal defense lawyers and other legal professionals working in big cities like Charlotte, a significant portion of the criminal court docket touches mental health in some form—often not because the court is the proper venue, but because no better options exist. All too often, jails and courtrooms serve as a kind of revolving door for people suffering from chronic mental illness. Someone in crisis may be arrested on a low-level charge, detained, and later released, only to return to custody days or weeks later under similar circumstances.

Some defendants are charged with misdemeanors such as public intoxication, trespassing, shoplifting, or simple drug possession. Others may face more serious felony allegations, including felony assault or breaking and entering. In certain cases, the defendant may be found legally incompetent to stand trial and must wait for mental health treatment before their case can proceed.

May 3, 2025

The Exclusionary Rule and How It Shapes Criminal Procedure in North Carolina

by Carolina Attorneys

The exclusionary rule is a foundational principle in American criminal law. While it traces its origins to federal constitutional doctrine, it now plays a central role in everyday trial practice, including in state courtrooms across North Carolina. The rule is most often encountered through motions to suppress evidence, but its reach extends further, sometimes forming the basis for a motion to dismiss when the taint of unlawful police conduct affects more than a single piece of evidence. To understand why the rule exists and how it functions, it helps to examine both its historical roots and its practical application today.

Though courts often describe the exclusionary rule as a remedy, its function is broader than that. It reflects an institutional decision to draw a line between the conduct of law enforcement and the integrity of the courts. It limits what the State may use to prosecute someone when a constitutional violation has occurred. And while it can lead to the suppression of important or even decisive evidence, the logic behind the rule rests on the idea that constitutional limits on police conduct are only meaningful if they carry enforceable consequences.

The Exclusionary Rule in Constitutional and Historical Context

April 30, 2025

Felony Death by Vehicle vs. Second-Degree Murder in North Carolina

by Carolina Attorneys

When a fatal collision occurs on North Carolina’s roads, the legal system doesn’t apply a one-size-fits-all response. In cases involving loss of life, prosecutors may consider a range of charges depending on the circumstances. Two of the most serious offenses are Felony Death by Vehicle and Second-Degree Murder.

While both carry the weight of a felony conviction and serious sentencing exposure, they are grounded in different legal theories and involve distinct statutory frameworks.

This article examines how these charges are defined under North Carolina law, what legal elements separate them, and why the difference matters—not just to lawyers and judges, but to anyone trying to understand how the state treats fatal driving cases.

April 26, 2025

The Real Cost of a Criminal Conviction in North Carolina

by Carolina Attorneys

A criminal conviction in North Carolina brings consequences that extend well beyond the sentence imposed by the court. Whether the offense is classified as a misdemeanor or a felony, the effects are not limited to fines, probation, or incarceration. A conviction can create long-term barriers that may affect your ability to find housing, secure employment, continue your education, or avoid harsher penalties if you’re ever charged again.

These long-term consequences are sometimes referred to as “collateral consequences,” but that term can understate how directly they affect everyday life. The legal process may end with a sentence, but the consequences of a conviction often continue well beyond the courtroom. Understanding those effects is important for anyone facing criminal charges, whether that involves a DUI charge in Mecklenburg or allegations of a crime like theft, such as larceny.

At Powers Law Firm, we provide thoughtful and compassionate legal representation to clients facing impaired driving charges and serious felony allegations in the Charlotte metro area, including Mecklenburg, Iredell, Union, Gaston, Lincoln, and Rowan counties. To find out if we’re available to assist with your case, call 704-342-4357 to schedule a confidential consultation.

April 23, 2025

The Death Penalty and Modern Execution in the Carolinas

by Carolina Attorneys

Recent executions in South Carolina have brought renewed attention to the mechanics, costs, and constitutional questions surrounding the death penalty. In particular, the state’s authorization of the firing squad — a method not used in decades in the United States — has raised new legal and policy questions that extend well beyond the prison walls.

While North Carolina has not carried out an execution since 2006, the subject of capital punishment remains relevant here. The issues raised by how and when a person is put to death touch on legal procedures, constitutional protections, and the broader functioning of the criminal justice system.

Death Penalty Execution Methods and the Return of the Firing Squad

April 21, 2025

Plea Bargains in North Carolina

by Carolina Attorneys

A substantial number of criminal charges in North Carolina are resolved through plea bargains and negotiated pleas, rather than a jury trial. That doesn’t mean your case isn’t serious or that the charges are minor. It means the criminal justice system is built in a way that often encourages negotiated resolutions instead of courtroom battles.

Plea bargains are widely used, deeply embedded in legal practice, and frequently misunderstood. If you’re facing charges, understanding how plea bargains work — and why they exist — can help you make informed decisions with your lawyer.

The Art of Plea Negotiations & Plea Bargains