Carolina Criminal Defense & DUI Lawyer UpdatesQUICK ANSWER: In North Carolina, marijuana possession remains illegal under NCGS § 90-94, regardless of changing attitudes in other states. Charlotte courtrooms now explicitly ban marijuana odor with posted signs. While the smell itself isn’t a crime, appearing in court smelling like marijuana can damage your credibility, affect sentencing decisions, and signal disrespect to judges, potentially worsening case outcomes before you say a word.
Articles Tagged with bill powers attorney
When the State Profits from Crime: Taxing Crime in North Carolina
North Carolina law prohibits the possession, sale, and trafficking of controlled substances. Yet the same State that prosecutes those 
offenses also taxes and therefore profits them. Is that right? Does that make sense? Should the government profit from crime? Is it OK to tax Drugs? Extortion? What about Illegal Pornography, Prostitution and Human Trafficking? Where do we, the governed, draw the line?
The Controlled Substance Tax, codified at N.C.G.S. § 105-113.105, operates on the premise that illegal drugs have taxable value even though their sale and possession are criminal acts. The idea that “income is income” regardless of source smacks of Machiavelli and a willingness to bend basic moral imperatives. Beneath that procedural logic lies a troubling contradiction, if not outright hypocrisy.
Questions about punishment, profit, and fairness aren’t theoretical when you are the one standing before the court. North Carolina law distinguishes between fines, forfeiture, and taxation, but for clients facing criminal charges, those differences often feel academic. Bill Powers and the Powers Law Firm handle serious criminal matters in Mecklenburg, Union, Iredell, Gaston, Rowan, and Lincoln Counties, examining how the law operates in real courtrooms, not just in theory. Bill Powers is a widely regarded North Carolina criminal defense attorney, educator, and legal commentator with more than thirty-three years of courtroom and trial experience. He is recognized throughout the state for his work on impaired driving, criminal law, and legal education, and is a recipient of the North Carolina State Bar Distinguished Service Award. For select legal matters, Bill Powers consults on a statewide basis. To discuss your case in confidence, TEXT or call 704-342-4357.
Civil Warrants, Criminal Searches: Fourth Amendment in North Carolina
The North Carolina Court of Appeals’ decision in State v. Hickman (COA24-893, filed November 5, 2025) revisits a foundational 
question in constitutional law. When government agents enter private property without a warrant, what happens to the evidence they obtain?
While the case involves a Department of Revenue tax warrant rather than a traditional criminal investigation, its implications extend beyond tax collection. It clarifies the continuing role of the Fourth Amendment and Article I, Section 20 of the North Carolina Constitution in protecting private dwellings from unauthorized searches and seizures.
The opinion also reaffirms an older, quieter truth that sometimes gets lost in modern exclusionary-rule debate.
Auto-Brewery Syndrome DWI North Carolina
The Limits of Chemical Certainty: The Auto-Brewery Syndrome & DWI Charges
Auto-Brewery Syndrome (ABS) remains a bit of a theoretical curiosity. It represents a measurable biochemical anomaly during which yeast or bacteria residing in the gastrointestinal tract convert carbohydrates into ethanol within the human body. 
Though somewhat rare, it is medically documented, scientifically verifiable in some instances, and possibly legally consequential, at least relative to DUI charges in North Carolina.
Voluntary Intoxication as an Affirmative Defense in North Carolina
Voluntary intoxication occupies one of the narrowest spaces in North Carolina criminal law. It is not a general justification for unlawful conduct, nor is it a plea for 
sympathy.
Instead, voluntary intoxication functions as a limited doctrine that may, under rare circumstances, negate the specific intent required for particular crimes.
The defense reflects a long-standing tension between moral accountability and the requirement that the State prove intent beyond a reasonable doubt.
The Future of the Exclusionary Rule in North Carolina
TL;DR Quick Take: The legacy of North Carolina v. Rogers reaches beyond suppression hearings. It redefines how courts balance 
government trust against the structural necessity of constitutional discipline. Whether this evolution strengthens justice or weakens liberty depends on how future courts interpret the limits of “reasonableness” in applying the Good Faith Exception to the Exclusionary Rule.
I. Constitutional Remedies and the Philosophy of Enforcement
Constitutional rights mean little without remedies that make them enforceable. The framers of the US Constitution understood this when they created mechanisms to restrain power through process.
State v. Rogers: Slow Death of the Exclusionary Rule in NC?
TL;DR Quick Take: North Carolina v. Rogers could prove to be one of the most consequential constitutional rulings in North Carolina criminal 
law in decades. The opinion not only interprets N.C.G.S. § 15A-974 but also redefines how North Carolina courts understand the relationship between the Fourth Amendment and Article I, Section 20 of the North Carolina State Constitution.
As applied, the Good Faith Exception articulated in State v. Rogers reverses longstanding precedent set forth in North Carolina v. Carter.
The burden quietly shifts to the accused to demonstrate unreasonableness, reversing long-standing Due Process protections and draining both the fruit and the fiber from the “poisonous tree.”
Felony Death by Vehicle Charges in Iredell County NC
What is Felony Death by Vehicle Under North Carolina Law?
Felony Death by Vehicle, as outlined under N.C.G.S. § 20-141.4, occurs when someone unintentionally causes the death of another while operating a motor vehicle and simultaneously commits the offense of Driving While Impaired (DWI). In other words, Felony Death by Vehicle directly ties an impaired driving offense to the fatal consequences that result from it. If you’re facing this charge in Iredell County, understanding the legal elements and consequences involved is key.
For the prosecution to establish guilt for Felony Death by Vehicle, they must prove beyond a reasonable doubt that:
Hearsay Cross-Examination and Constructive Possession
In North Carolina v. Capps, the North Carolina Court of Appeals examined two key issues arising from a felonious possession of stolen goods conviction: (1) whether the 
evidence was sufficient to prove the defendant’s constructive possession of stolen property; and (2) whether the trial court erred by excluding as hearsay certain testimony during cross-examination.
The published April 2025 opinion provides insight into how appellate courts analyze hearsay preservation requirements and the evidentiary threshold for constructive possession in criminal cases. The court ultimately found no error, emphasizing the importance of proper trial procedure (like making an offer of proof for excluded evidence) and outlining the incriminating circumstances that supported submitting the case to the jury. Below, we break down the court’s reasoning on each issue and highlight practical lessons for attorneys and judges handling similar evidentiary and sufficiency questions.
Facing serious felony charges can be overwhelming. At Powers Law Firm, we offer steady, experienced guidance to help navigate the legal system with clarity and care. We represent clients across the Charlotte metro region, including Union, Iredell, Mecklenburg, Gaston, Rowan, and Lincoln Counties. To talk through your situation and explore your options, call 704-342-4357.
Is Court Closed in Charlotte?
Inclement weather in the Carolinas can make for anxious times. It’s more than just black ice and downed trees. If you have court appearance coming up, wondering what to do can be a problem.
If you have criminal charges pending or a scheduled court appearance date for DWI charges in Charlotte, failure to appear as directed can result in the issuance of an Order for Arrest or “OFA.”
The Clerk of Court may also record a Failure to Appear (FTA) that if reported back to NC DMV can result in problems with your driver’s license in North Carolina.