Justia Lawyer Rating
best Lawyer
Super Lawyer - Top 100
best Lawyers
Avvo Rating 10.0
AV Preeminent
The National Trial Lawyers
The best Lawyers in America
CLEA
Advocates for Justice
Business North Carolina Legal Elite - 2023
DUI Defense
NBTA
DUI Defense Lawyers Association
*For additional information regarding the criterion for inclusion or membership for lawyer associations, awards, & certifications click image for link.

by
In North Carolina, if someone is killed during the commission or attempted commission of certain felonies involving a deadly weapon, felony-child-abuse-charges-in-north-carolina the offense may be charged as first-degree murder under what is commonly called the “felony murder rule.” Under this doctrine, a homicide arising from the perpetration or attempted perpetration of such a felony is treated as first-degree murder, even in the absence of premeditation or deliberation.

The recent appellate decision State v. Middleton (N.C. Ct. App. 2025) sheds light on how felony murder interacts with allegations of felony child abuse. While the underlying facts involved minors and grave injuries, the published opinion concentrates on the broader legal principles relevant to attorneys, law students, and others interested in North Carolina’s felony murder framework.

This post covers:

Continue reading

by

Using social media as evidence in criminal courtrooms in Charlotte and throughout North Carolina has become an everyday reality. Facebook messages, Instagram chats, and other online charlotte-criminal-defense-lawyers communications can strengthen or undercut a case when introduced at trial. Yet questions of authenticity—Is the social media content and the source of those materials identifiable?—and relevance—Does it matter to the issues being tried?—are becoming more and more common during trials.

In North Carolina, these inquiries fall under the North Carolina Rules of Evidence, which guide judges and attorneys in determining which materials the jury is allowed to see. A recent appellate opinion, State v. Davenport, provides an up-close look at how courts tackle social media evidence in serious felony prosecutions.

By examining pictures taken of Facebook Messenger images displayed on a cell phone, the court explored how to authenticate digital content and manage related evidence (like 911 logs) to ensure a fair process. Below, we break down the facts of the case, the legal standards applied, and the broader implications for defendants facing criminal charges and attorneys dealing with social media evidence in the Tar Heel State.

Continue reading

by
Recent news out of Cornelius, North Carolina, will undoubtedly spark public discourse around defendants’ rights, law enforcement’s role, and the judicial process governing pretrial release. Specifically, an 18-year-old suspect charged with serious child sex offensesCHARLOTTE-CRIMINAL-LAWYERS was released to the custody of his parents pending further legal proceedings.
In response, the Cornelius Police Department issued a strongly worded public statement expressing dismay at the decision to grant release, contending that such an outcome “undermines the gravity of the situation and raises significant concerns about the risk to public safety.”
The Department went on to suggest that individuals facing these types of offenses “should be held in custody, pending further legal proceedings…to send a definitive message that crimes involving the exploitation and violence against children will not be taken lightly.”
Continue reading

by

A common misconception in North Carolina criminal cases is that the person making an allegation, especially the alleged victim, can later decide to “drop the charges,” or “ask the Judge for a dismissal.”

It is understandable why someone might think that. In everyday life, we hear phrases like “I won’t CAN-I-DROP-THE-CHARGES-DISMISSAL-IN-NORTH-CAROLINA press charges.” In reality, once law enforcement has arrested someone or a warrant, criminal summons, or citation has been issued, the authority to proceed rests with the State—not necessarily the witness or alleged victim.

To be clear, prosecutors certainly consider what prosecuting witnesses have to say.  Indeed, some charges, such as “crimes against the person” (like simple assault, assault on a female, offenses involving the impairment of the defendant, etc.) are subject to the North Carolina Victims’ Right Act.

Continue reading

by

Facing a drug charge in Charlotte can be overwhelming, especially when that charge involves an accusation of “possession with intent to sell or deliver,” sometimes abbreviated as PWISD. These cases typically are more serious than simple possession charges. IfINTENT TO SELL CHARGES convicted, the long-term consequences could include a felony conviction record, potential jail or prison time, and issues finding housing or employment in the future.

This overview explains the basics of PWISD laws in North Carolina, including some typical felony classifications, possible penalties, and the difference between standard PWISD and more serious trafficking offenses.

It is intended for readers who may be unfamiliar with the legal system—particularly for anyone who has been charged or have a loved one dealing with a PWISD case in Charlotte.

Continue reading

by

If you’ve recently heard talk about a new court opinion affecting Bald Head Island, you’re not alone. News travels fast here—even BALD-HEAD-ISLAND-FERRY when we have to take a ferry to get anywhere else.

With no bridge and minimal car use, the ferry service is our community’s backbone, connecting you to mainland grocery stores, medical appointments, and everyday errands.

You might be thinking: “They said there’s a new court ruling that changes how the ferry operates. Does that mean higher fares, fewer trips, or less say for islanders?”

Continue reading

by

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 plea-negotiations 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.

Continue reading

by

When can police officers conduct a patdown search, also known as a Terry frisk? The North Carolina Court of Appeals addressed this When-Can-Police-Officers-Conduct-a-Patdown-Search 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.

Continue reading

by

Police and prosecutors in North Carolina regularly use breath or blood test results taken after someone has been driving to prove BAC-DUI-CHARGES impairment. Questions can arise about the accuracy of the reported BAC if testing was delayed. Retrograde extrapolation attempts to estimate prior blood alcohol concentration by “back tracking,” using a combination of math and science.

Retrograde extrapolation rests on understanding the processes of how alcohol is absorbed and later eliminated by the human body – Bill Powers, DUI Defense Attorney in North Carolina 

This post breaks down the basic science behind these calculations, examines how they work, and looks at what makes them both potentially reliable and questionable in different situations.

Continue reading

by

The human body functions as a complex processing system, breaking down what we consume through a series of chemical reactions. WHAT-IS-A-HANGOVER Alcohol moves through this system in phases, from the first drink through the next morning. The effects of hangovers extend beyond the social hours of the night before, through sunrise, and into what many call “the morning after.” Scientists call this process veisalgia. The rest of us know it as a hangover.

Nature sometimes teaches hard lessons. A hangover represents your body’s response to a blood alcohol concentration and metabolizing alcohol, creating chemical compounds that continue to affect physical functions sometimes hours after the last drink. This matters because the effects can impact more than comfort – they affect motor skills, reaction times, and decision-making abilities. 

Understanding how blood alcohol content (BAC) changes over time matters. As DWI lawyers in North Carolina, we see cases where hangover symptoms mask underlying alcohol metabolism issues. Safe driving after drinking requires more than just waiting to feel better.

Continue reading