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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.

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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.

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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?”

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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.

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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.

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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.

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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.

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If you’re facing a DWI charge in North Carolina, you may have heard about DUI assessments. TheseALCOHOL-ASSESSMENTS evaluations play an important role in the legal process and can positively impact the outcome of your case.

That’s because DUI assessment is considered a statutory mitigating factor in North Carolina, which means it can potentially lead to a more favorable outcome in your case.

Moreover, completing an assessment is necessary for a pretrial limited driving privilege that, if you’re eligible, allows you to drive under certain conditions while your case is pending.

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In the realm of criminal law, few constitutional protections are as fundamental as those provided by the Fourth FOURTH-AMENDMENT-RIGHTS 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. 

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The United States Supreme Court recently addressed the question of whether the Confrontation Clause of the EVIDENCE-BY-EXPERTS-IN-NORTH-CAROLINA 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.

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