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Justice

Can someone be charged with manslaughter for speeding?

While my child at least feigns general interest in my work as a criminal defense attorney, two recent stories seem to have struck a chord.  We have been actively discussing the Oklahoma Homecoming case and it’s complexities.

The most recent local case involves a young woman in Charlotte charged with a felony in the tragic loss of a friend.  Tonight at supper I was peppered with a host of questions:

Components of Blood CBC

Are DWI Breath Tests Ever Wrong?

One of the best parts of my job is teaching Continuing Legal Education.  Teaching is a great way to learn.

Frankly, standing in front of a group of lawyers, prosecutors, judges or law enforcement can be more than a bit harrowing. Consider the fact that just about everyone listening-in has a substantial knowledge base. . .and well, some might say, a disposition towards critical thinking.

Time Out!  What is Probable Cause for NC DWI Cases?

If you’ve been in District Court in North Carolina, most likely you’ve heard mention of two relatively recent cases that the Courts have been bantering about.

Driving While Impaired cases are in-and-of-themselves complicated matters for presentation in court.

When coupled with the loss of another human life, the consequences and potential for punishment(s) necessitate a careful examination of the law, facts and procedural history of the on-scene investigation.

Do Drug and Alcohol Treatment Work In Court?Modified Transcript of “Do Drug and Alcohol Treatment Help in Court?” for the Hearing Impaired:

Attorneys are also called counselors at law or counselors of law because we do more than just analyze statutes, look at facts in a particular case or take things to trial.

We try to help people.

Police Door Search Warrant SWAT
Modified Transcript for “What Is Required To Search?” for the Hearing Impaired:

SEE RELATED: Form and Content of the Search Warrant

NCGS-15A-246-in-2015-compressor
Chapter 15A-246 explains what is required to search, generally speaking, in a North Carolina Search Warrant.  While not an exhaustive list, the North Carolina General Statutes set forth:

Deadlocked-Jury-Dynamite-Chargesf

Hung, Deadlocked Jury Dynamite Charges:  Jury Deliberations in North Carolina

Caselaw Summary for North Carolina Supreme Court – North Carolina v. May

Do-You-Consent-to-a-Sniff-Search

By Driving a Car in North Carolina, Do You Consent to a Sniff Search?  Is a Sniff even a Search?  Does the law differ between Vehicles and Persons?

Caselaw Summary For North Carolina v. Warren 

North Carolina Court of Appeals – Publication Date August 4, 2015

Duress Danger Necessity DWI Defenses-compressor

Common Law – Duress Necessity DWI Defenses in North Carolina

Part I – Defendant is not required to give notice of the affirmative defense of duress or necessity in DISTRICT COURT APPEALS

  • “Discovery in the Superior Court” under Article 48 of the North Carolina General Statutes applies only to cases within the Superior Court’s original jurisdiction