Articles Tagged with charlotte criminal defense attorney

State v. Rogers examines the relationship between constitutional violations and judicial remedies regarding suppressing evidence in North Carolina, focusing on when unlawfully obtained evidence should be excluded and when statutory good-faith principles may permit the admission of objectively unlawfully obtained evidence (in violation of statutory or constitutional precepts) despite a defect in the underlying search.

By construing N.C.G.S. § 15A-974 to permit admission of evidence obtained through conduct later determined to be unlawful when officers acted in objectively reasonable reliance on existing legal authority, the NC Supreme Court shifts suppression analysis away from a purely rights-based inquiry and toward a somewhat more remedial framework grounded in objective reasonableness and deterrence. The decision operates as a judicial construction that narrows the practical suppression issues long associated with Article I, Section 20 of the North Carolina Constitution.

TL;DR Suppression litigation in North Carolina now turns less on abstract constitutional violations and more on the objective reasonableness of governmental reliance on external legal authority, the legal landscape confronting officers at the time judicial authorization was obtained, and whether exclusion would meaningfully deter future misconduct. Trial courts must therefore evaluate institutional knowledge, training, warrant practice, and the accuracy and completeness of information presented to judicial officials, rather than roadside judgments made without judicial involvement. For defense counsel, effective advocacy requires disciplined factual development capable of rebutting asserted good-faith reliance grounded in warrants, statutes, or court authorization, rather than reliance on doctrinal violation alone.

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

In sex cases what is the difference between civil and criminal court?

  • What is the Difference between Civil and Criminal Cases?

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Modified Transcript of “Assault and Battery Charges” for the Hearing Impaired:

There are different types of assault. There’s simple assault, there’s assault on a female, there’s assault on a government official, there’s assaults on children, and sometimes they’re felonious assaults that have the potential for long term prison sentences.

Modified Transcript of “Experienced Legal Advice for Criminal Charges in Charlotte” for the Hearing Impaired:

The vast majority of the cases in North Carolina are plead out.  After reviewing discovery and evaluating the merits of the case, sometimes that’s the best choice.

SEE RELATED:  Charlotte Judges Trial Calendar Assignments 2015

Modified Transcript of “Calendaring Criminal Traffic and DWI Cases in Charlotte” for Hearing Impaired:

The calendaring of criminal cases in North Carolina is a somewhat complicated process, and that’s because there are differences between misdemeanor cases and felony charges, as well as between jurisdictions.

Larger jurisdictions such as Mecklenburg or Wake County, Guilford, those have more courtrooms.

Modified Transcript of “Do Family & Friends Have to Cooperate with Police” for the Hearing Impaired:

If my loved one is accused of a felony, can I plead the fifth?

When you are called upon to answer questions by law enforcement, people often times refer to or ask the question, “Can I plead the Fifth?”

Frequently Asked Questions About Underage DUI in North Carolina

Image representing a Charlotte, North Carolina judge in a courtroom setting during an underage DUI case, illustrating how courts review evidence in 20-138.3 prosecutionsIf you are under 21 and charged with driving after consuming alcohol, you are likely facing what most people call “Underage DUI” pursuant to  N.C.G.S. 20-138.3. The statute uses more formal language by describing the offense as driving by a person less than 21 years old after consuming alcohol or drugs. That formal title rarely appears in everyday conversation, which is why most people searching for information use terms like underage DUI, underage DWI, or provisional DWI.

The FAQs below reflect the questions people and their parents ask when facing these charges in Charlotte and across North Carolina. A fair amount of anecdotal information about underage DUI in North Carolina is inaccurate or incomplete, and the assumptions people bring to these cases too often create confusion. At the Powers Law Firm, Bill Powers has helped clients understand and defend N.C.G.S. 20-138.3 charges for decades. The answers below come from those real conversations and give you a clearer picture of what these cases actually involve.

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