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

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.

Continue reading

by

If you’re facing charges in North Carolina, there’s a good chance your case will not be resolved on the first court date, and therefore, CASE-CONTINUANCE-NORTH-CAROLINA-COURT-CALENDAR you will need a continuance. It might be continued again, and again after that. Whether you’re charged with DWI in Mecklenburg County or facing a felony in Union County, continuances are part of the system.

Some clients ask, “Why is my case taking so long?” not realizing that continuances often help the defense more than they help the State. They wonder if the judge is overlooking something or if the system just doesn’t care. Some assume a continuance means something is wrong. In reality, it’s usually the opposite.

In criminal and DWI courtrooms across North Carolina, continuances are rarely about delay for its own sake. They result from crowded dockets, incomplete discovery, unavailable officers or witnesses, scheduling conflicts, or system failures that no one in the courtroom controls.

Continue reading

by

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.

Continue reading

by

Should Eyelid Tremor Be Used to Prove Cannabis Impairment in North Carolina?

Drug-Impaired-Driving-Evidence-North-Carolina EYELID TREMOR

For years, the Drug Recognition Evaluator (DRE) protocol has relied on a structured set of physical observations to evaluate suspected drug impairment. Among these, the presence of eyelid tremor has been taught as a supposed sign of recent cannabis use. In practice, that means law enforcement officers conducting roadside evaluations or testifying in court may point to an eyelid tremor as evidence supporting probable cause or impairment. But as a recent study published in Clinical Toxicology makes clear, the scientific foundation for this assumption is, at best, unproven. At worst, it is affirmatively misleading.

In a 2024 peer-reviewed clinical research article by George Sam Wang and colleagues, the authors conducted a carefully controlled, blinded study to evaluate whether eyelid tremor could reliably and accurately be identified as a marker of recent cannabis use. The conclusion was clear. Eyelid tremor does not correlate with cannabis ingestion in a scientifically defensible way. Inter-rater reliability was poor to moderate. Specificity was dismal. And perhaps most importantly for DWI defense lawyers, the entire protocol used by officers to “spot” this supposed indicator would not come close to passing scientific muster in any peer-reviewed laboratory setting.

Continue reading

by

Legal Help for Drivers in Mecklenburg County and Beyond

Getting a traffic ticket in Charlotte might seem like a minor annoyance. What looks straightforward at first glance can have long-term consequences for your license, insurance, and time. Some drivers pay the fine, assume it’s over, and are later surprised by DMV points, rate hikes, or even a suspended license in some instances.  That obviously doesn’t happen with every ticket, but it makes sense to explore your options before paying off a ticket.

If you want to protect your record and avoid unnecessary consequences, the decision you make after receiving a ticket likely matters more than you think.

Continue reading

by

Improper Equipment is a non-moving violation in North Carolina that can sometimes be used to resolve a speeding ticket or other traffic charge. While getting pulled IMPROPER-EQUIPMENT-SPEEDING-TICKET-LAWYERS IMAGE OF A POLICE CAR CHASING A SPEEDER over is frustrating, a bigger problem may come later with DMV points, insurance hikes, and in some cases, the risk of license suspension.

In appropriate circumstances, resolving the ticket as “Improper Equipment” can be helpful. Known informally as “IE,” it isn’t available in every case, but when used properly, it can protect your record and help keep your insurance rates in check.

If you’ve been issued a traffic ticket in Mecklenburg County or Union County NC, the Powers Law Firm PA is available to answer your questions and possibly help.  Please TEXT or call 704-342-4357.

Continue reading

by

The 4th of July in North Carolina is a time for celebration. Families gather for cookouts, fireworks, and long weekends on the water. It 4th-of-July-laws-in-North-Carolina is a tradition built around freedom, but every year it brings a familiar pattern to courtrooms across the state.

Fireworks tickets, alcohol-related charges involving underage possession, drunk driving, and boating accidents rise sharply in the days surrounding the 4th of July. Some of these cases involve honest mistakes. Others involve serious consequences.

Understanding what is legal and what is not in North Carolina can help prevent celebrations from turning into criminal investigations, arrests, or life-changing accidents.

Continue reading

by

There’s a persistent myth about criminal justice that criminal charges are straightforward, guilt is obvious, and if everyone simply did their job efficiently, cases would resolve in days rather than months or even years.

This illusion persists until someone finds themselves or a loved one on the receiving end of criminal charges or arrested for DWI.

Justice moves slowly by design. That isn’t dysfunction.

Continue reading

by

They didn’t show up all at once. A little around the temples after a run of back-to-back felony trials. A little more after a long, sleepless night waiting for a jury to come back on a case that could have gone either way. Years of courtroom advocacy and life as a lawyer will do that. So will running a firm.

Grey hair isn’t a metaphor. It’s evidence. It’s what happens when you practice law long enough to be responsible not just for your own caseload, but for other lawyers in the firm, other families, and the next generation trying to learn how to do this work the right way.

Lawyering isn’t the job they described to you in Law School

Continue reading