Articles Posted in Criminal Defense

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Judicial independence is one of the defining principles of American government. It protects the courts from political retaliation, Judge seated at a courtroom bench wearing a black robe, symbolizing judicial independence, fairness, and impartiality in North Carolina’s court system. intimidation, and coercion, allowing judges to apply the law faithfully rather than bending to public opinion or private pressure.

Without judicial independence, due process would be hollow, and the rule of law would collapse under the weight of fear.

North Carolina’s judiciary stands as a separate and equal branch of government, tracing its power and authority from the state’s earliest constitutional conventions through modern statutes and precedent.

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Due process is one of the most enduring phrases in the American constitutional tradition. It appears in the Fifth Amendment, binding the federal government, and in the Fourteenth Amendment, extending the guarantee to the states.

North Carolina’s Constitution also secures due process through Article I, Section 19, which provides that no person shall be deprived of life, liberty, or property except by the “law of the land.”

Far from being ornamental language, due process reflects a working system of legal discipline that reaches from Magna Carta through North Carolina’s founding conventions into the daily practice of its courts.

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Quick Take: North Carolina vs. Wilson (Oct. 2025) holds that a defendant’s jailhouse letter admitting to a Image representing North Carolina judge in courtroom evaluating admissibility of jailhouse letters and defendant communications as evidence in criminal trials shooting to law enforcement was admissible as substantive evidence, even when framed as a negotiation.

  • Jailhouse letters in North Carolina are not protected under Rule 408 and may be used as proof of guilt.

  • The accused’s communications with law enforcement, including calls and cooperation offers, are generally admissible if voluntary and authenticated.

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When is video evidence admissible?

Quick Take: In North Carolina vs. Ramsey (COA25-145, filed Oct. 1, 2025), the Court of Appeals approved admission of a short cell-phone clip for illustrative purposes:

  • Eyewitness testified it fairly and accurately depicted what was observed
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Can You Appeal After a Guilty Plea in NorthJudge in a North Carolina courtroom considering whether a guilty plea can be appealed, reflecting legal debates in North Carolina v. Branham about plea rights and certiorari. Carolina?

Quick Take: North Carolina v. Branham shows that guilty pleas in North Carolina do not automatically preserve appellate rights, but certiorari may sometimes fill the gap.

  • The Court of Appeals held no statutory right existed to appeal a denied immunity motion after a guilty plea.

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Can Ketogenic Fasting Affect Your DWI Charges in North Carolina?

If you’re following ketogenic fasting, characterized by prolonged calorie and carbohydrate restriction, you may be unknowingly altering your body’s response to alcohol and potentially impacting DUI test results and associated criminal allegations of “drunk Medical lab technician analyzing DWI blood alcohol sample during ketogenic fasting investigation for impaired driving defense in North Carolina driving.”

While ketogenic fasting triggers autophagy, a natural cellular cleanup, it also indirectly influences glucose and cortisol levels, creating complex physiological interactions potentially relevant to impaired driving charges.

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North Carolina’s concealed carry law may be on the verge of a historic change. Presently, you must still have a valid permit to carry aNorth Carolina concealed carry law infographic showing the legislative process for the 2025 permitless concealed carry bill, including the role of the legislature, governor’s veto, and override on a map of North Carolina concealed handgun. On July 29, 2025, the North Carolina Senate voted to override Governor Stein’s veto of Senate Bill 50, known as the “Freedom to Carry NC” act. In order for the law to go into effect, the NC House must also vote to override the veto by a three-fifths majority.

Until both chambers of the NC General Assembly vote to override the Governor’s veto, the existing concealed carry permit requirement remains in full force. As the law now stands, anyone who carries a concealed handgun in North Carolina without a valid permit or legal authority, is still subject to criminal prosecution.

If you are facing criminal charges, are under investigation in the Charlotte metro region, including Mecklenburg and Union County, and want more information about carrying a concealed weapon charges, contact Powers Law Firm for experienced, confidential guidance. TEXT or call now: 704-342-4357

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I’d already had a rough day when I got the text from my wife sharing Fergie passed.  James-Fergie-Ferguson

“Dang,” was the only thing I could respond.

I was without words.

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One of the most common questions criminal defense lawyers hear is, “Why am I still being charged if the alleged victim wants to drop CASE-DISMISSED-WHO-DECIDES-IN-NORTH-CAROLINA the charges?”

It’s a fair question. If the person who called the police doesn’t want to go forward, why would the court system care? In North Carolina criminal court, the decision to prosecute does not belong to the victim.

Whether you’ve been charged with assault on a female, communicating threats, damage to property, affray, or a violation of a Domestic Violence Protective Order (DVPO), the State, not the complaining witness, decides whether the case moves forward or to drop charges.

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Criminal defendants expect the legal system to deliver fairness. Our courts are designed to deliver legal compliance with the laws of the State of North Carolina, our state LEGAL-BUT-UNFAIR WOMAN SITTING IN JAIL CELL constitution, and the US Constitution, not necessarily fair results or what some facing criminal charges might believe is just or true “justice.”

A prosecutor can legally offer a favorable plea to one defendant while demanding jail time for another charged with a very similar offense. Absent obvious discrimination based on protected characteristics or clear constitutional violations, prosecutorial discretion is substantial.

Judges can sentence different defendants to vastly different outcomes based on judicial and sentencing philosophy, the timing of the case, or simply how the Court (the Judge) interprets the factual recitation. They, too, possess substantial discretion in entering a judgment and sentencing someone to jail or prison.

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