Articles Tagged with charlotte criminal defense

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A Criminal Defense Deep Dive by Bill Powers, Board Certified Criminal Law Specialist (NBTA/NBLSC), Powers Law Firm, P.A. (Charlotte, NC)

As a criminal defense attorney in North Carolina, I am asked to explain the legal difference between planning a crime and attempting Police officer standing beside legal books and scales of justice with text reading attempt to commit a crime, North Carolina criminal law rights graphic. 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.

A recent opinion from the North Carolina Court of Appeals, State v. Vaughn, COA24-1089, provides an example of why a trial court’s failure to properly instruct a jury on these concepts may constitute reversible, prejudicial error. The case serves as a reminder that when the State seeks to convict a person of an attempt to commit a crime, the prosecution must prove a mental state more demanding than that required for the completed underlying offense.

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QUICK 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.

Table of Contents

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The Voluntary Intoxication defense in North Carolina criminal law is not an excuse for unlawful conduct but an evidentiary doctrine that can negate the specific intent North Carolina judge in courtroom illustrating the legal role of trial judges in voluntary intoxication defense cases involving specific intent crimes required for certain crimes. It is one of the most demanding defenses to raise, requiring a high threshold of proof.

Key Principles of the Voluntary Intoxication Defense

The defense operates as a rule of mental incapacity tied to the proof of mens rea (guilty mind), specifically in relation to specific intent crimes.

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If a “knock and talk” crosses the constitutional line, can what officers saw or learned still justify Two uniformed police officers standing at a doorway during a knock and talk investigation in North Carolina, illustrating Fourth Amendment search and seizure and probable cause issues in criminal defense cases a search warrant?

TL;DR Quick Take: North Carolina v. Norman tests the limits of North Carolina’s knock and talk doctrine and asks whether a search warrant can survive when officers use observations gathered during a questionable encounter on private property.

The decision turns on three interrelated questions:

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DRE testimony has become a fixture in North Carolina’s most serious impaired driving cases, including felony death by vehicle and Police officer in courtroom testifying about drug recognition expert (DRE) testimony in North Carolina impaired driving case second-degree murder charges.

The Court of Appeals’ July 2025 opinion in North Carolina v. Moore provides essential guidance for lawyers, judges, and anyone facing charges based on drug impairment evidence. Understanding how DRE testimony is used, challenged, and scrutinized at trial can mean the difference between conviction and acquittal, and may shape plea negotiations and appellate strategy.

When legal charges involve both scientific analysis and complex courtroom questions, DRE testimony can have a significant impact on the outcome. At Powers Law Firm, clients facing felony death by vehicle, felony serious injury by vehicle, misdemeanor death by vehicle, and impaired driving charges trust our experience with serious criminal charges in Mecklenburg, Iredell, Union, Gaston, Lincoln, Rowan, and Stanly Counties. We review select cases across North Carolina. If your case hinges on technical or scientific evidence involving DRE testimony or allegations of drug impairment, please can TEXT or call 704-342-4357 to schedule a confidential consultation.

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This case is a reminder: if you’re raising a claim of sexual discrimination in jury selection, the challenge must be made clearly and at the right time—or it may be lost forever. The decision also highlights how hard it is to get relief on these issues after conviction.

Here’s what we’ll cover in this post:

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Larceny by Employee Embezzlement Criminal Defense in Charlotte NC

TAKE THESE CHARGES SERIOUSLY – They can have LONG TERM consequences!

  • What happens if I am charged with embezzlement?
  • What are my options?
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What is an Indictment?  What is a True Bill in North Carolina? Can I be held in jail waiting for charges ?

The short answer is no. If there aren’t charges pending, you can’t be held – Bill Powers 

May-The-Fourth-Amendment-Be-With-You

  • Politely Advise Police You Wish to Say Nothing

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Eliminating-Court-of-Appeals-Seats-in-North-Carolina-2017-Bill-Powers

The Court of Appeals needs and deserves more human resources to do its important work in a timely fashion, not less. Important changes in the judicial system demand careful review – Bill Powers, President NCAJ 

Eliminating-COA-Seats-Bill-Powers-2017

Reduction of Court of Appeals judges should only occur after a request by the Chief Justice and the Administrative Office of the Courts based on solid empirical data – Bill Powers 

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Eliminating Court of Appeals Seats in North Carolina

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Is it a big deal to be charged with underage possession?  Well, that depends on what you think is a “big deal?” – Attorney Bill Powers 

While underage possession of alcohol  charges may not have resulted in an arrest, they can be rather embarrassing in the future, especially if you are applying for a job or even graduate school.

Employers generally prefer not to see anything on a Criminal History or Record; but, how someone responds when they made a mistake can actually make a difference.

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