Articles Tagged with BILL POWERS ATTORNEY AT LAW

Beyond an express waiver, a defendant can also lose the right to a lawyer through forfeiture in certain circumstances. Forfeiture of counsel is a doctrine that applies when a RIGHT-TO-A-LAWYER-IN-NORTH-CAROLINA defendant’s own serious misconduct effectively forfeits the right to an attorney. Unlike a waiver, which is a voluntary relinquishment of a known right, forfeiture does not require an informed choice by the defendant – it is a consequence of behavior that is incompatible with the continued services of counsel.

North Carolina appellate courts have made clear that forfeiture is reserved for severe situations and is not to be invoked lightly, given the fundamental nature of the right at stake. The North Carolina Supreme Court has emphasized that forfeiture of counsel should be found only in rare circumstances where the defendant’s actions (serious misconduct) frustrate the purpose of the right to counsel and prevent the trial from moving forward.

In other words, only when a defendant’s conduct is so egregious that it entirely undermines the fair and orderly administration of justice will a court deem the right to counsel forfeited. Examples might include assaulting one’s attorney or brazen obstruction of the proceedings.

Waiver of Counsel: Legal Framework and Standard of Reviewwaiver-of-counsel-in-north-carolina

Criminal defendants have a fundamental right to the assistance of counsel under the Sixth Amendment to the U.S. Constitution and Article I of the North Carolina Constitution. A defendant also has the right to proceed without counsel and represent himself or herself, but such waiver of counsel must be made knowingly, intelligently, and voluntarily. North Carolina law requires trial courts to conduct a thorough inquiry before accepting a waiver of the right to counsel.

This inquiry is codified in N.C.G.S. § 15A-1242, which provides that a judge may allow a defendant to proceed pro se only after confirming that the defendant:

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?”

Should you talk to a lawyer? Will it make a difference?  How important is good legal advice?

Hi, I’m Bill Powers and I’m an attorney in North Carolina.Lawyers Near Me

Is Breathalyzer on the side of the road reliable??

  • What kind of devices are out there?
  • What is the accuracy of the handheld breath test?

weeping-wailing-and-gnashing-of-teeth-no-more-parents-guide-to-navigating-dmv

Is your baby actually old enough to drive?  Been a while since you took a test, let alone THE TEST?  Weeping Wailing and Gnashing of Teeth No More – Parents’ Guide to Navigating DMV

Today’s post provides some hidden truths, and suggestions, for parents about to undergo the process of negotiating DMV to obtain a Learner’s Permit.

Mind you, I am not talking about YOUR Learner’s Permit.

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