In the recent appellate decision of North Carolina v. Escalante (also cited as State v. Escalante), No. COA25-64, filed December 17, 2025, the North Carolina Court of
Appeals examined whether the defendant had the legal right, known as standing, to challenge the legality of electronic surveillance used in his arrest. The appellate court affirmed the trial court’s ruling that the defendant lacked standing to seek suppression because he could not demonstrate a personal privacy interest in the phone that was tracked.
At the Powers Law Firm, we enjoy helping clients navigate complex legal issues. Bill Powers, a seasoned trial attorney with more than three decades of courtroom experience, is a former President of the North Carolina Advocates for Justice and a recipient of the North Carolina State Bar’s John B. McMillan Distinguished Service Award. He is a widely regarded criminal defense lawyer in North Carolina and a frequent speaker and seminar host in the legal community. If you have questions about your legal rights, we invite you to reach out to Bill Powers at Powers Law Firm for guidance.
Carolina Criminal Defense & DUI Lawyer Updates
in years.
certain number, a conviction is inevitable.
enforcement transitions from general investigation to custodial interrogation, limiting what officers may ask before warnings (the advisement of legal rights) are given and what statements prosecutors may later use at trial.
This is most commonly seen in serious vehicular prosecutions where impaired driving serves as a predicate offense, including collision investigations involving injury or death, where scene management, medical transport, search warrant procedures, and hospital blood draws may delay specimen collection for three or more hours.
(sometimes called DUID – driving under the influence of drugs) or “drugged driving” by the general public, the forensic analysis and legal issues tend to be significantly more complex.
a crime. If you or a loved one face charges related to Criminal Attempt in NC, understanding this distinction can be fundamental to formulating an effective defense strategy. The difference is not merely academic. It is the line that separates a “thought crime” from a felony conviction. This distinction rests primarily on two fundamental concepts. those being the required intent and the overt act.
behind BAC tests is powerful, but it is also technical, layered with protocols, human decision points, and laboratory processes that must be followed with precision. When a “drunk driving” case shifts from the roadside to the laboratory, the entire conversation changes. You move from dexterity exercises to molecular chemistry, and from visible performance to physics, gas chromatography and mass spectroscopy, both topics that an average juror would never see unless brought to life at trial by defense counsel.
table. As a Charlotte criminal defense attorney who has practiced in Mecklenburg County for more than 30 years, I can tell you this without hesitation the Wednesday before Thanksgiving through the Sunday after is one of the busiest stretches of the year for assault arrests. Add alcohol, old grievances, political arguments, and the pressure of hosting (or being hosted by) people you strategically avoid the other 51 weeks of the year, and you have a recipe for criminal charges.