Criminal Defense

November 22, 2024

The Art of Plea Negotiations and Plea Bargains

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.

January 1, 2024

The Psychology of Hit and Run

by Carolina Attorneys

The alarming rise in hit-and-run incidents raises pressing questions for criminal defense lawyers about the psychology underlying why certain drivers fail to stop and render aid.

From a fleeting moment of panic to a calculated decision to evade consequences, the decision to flee to elude criminal charges reflects a troubling intersection of personal, societal, and situational factors.

The literature reveals that young males, frequently under the influence of alcohol or drugs, are potentially the predominant group of offenders.

December 20, 2023

Can you withdraw a guilty plea for manifest injustice?

by Carolina Attorneys

What are the direct consequences of a guilty plea?

In State of North Carolina v. Luis Fernando Saldana, the Court of Appeals of North Carolina examines the appeal of Luis Fernando Saldana against the trial court’s order denying his motion to withdraw a guilty plea entered in 2005.

This case provides a complex scenario involving immigration consequences of a guilty plea, the procedural aspects of withdrawing a plea, and the interpretation of legal standards pertinent to such motions.

September 11, 2023

IMPORTANT CHANGES to Pretrial Release from Jail and BOND

by Carolina Attorneys

Upcoming changes to the way bond is set, and the pretrial release process, have captured the attention of criminal defense lawyers in North Carolina.

Who will now set the terms and conditions of pretrial release, particularly in relation to DWI (Driving While Impaired) cases, and the process of determining release from jail, will be significantly different in the near future.

This initiative, known as the “Pretrial Integrity Act,” brings about marked changes in how bonds are determined and outlines who has the authority to establish the terms and conditions for release from custody for certain criminal charges in North Carolina.