October 6, 2026

Flock Camera Ban in North Carolina | Private Cameras and Atkinson’s Ordinance

Atkinson, a Pender County municipality, appears to have adopted North Carolina’s first Flock camera ban, with an ordinance prohibiting automated license plate reader cameras within its corporate limits. WECT reports that commissioners approved the ordinance October 1, 2026, with an October 2 effective date, and describes it as the first prohibition of its kind in the state. Even in small-town North Carolina, a “Flock ban” raises legal issues that go well beyond whether a local group of politicos wants or likes police surveillance, in whatever form it may take. Whether a town can prohibit a private property owner from installing an automated license plate reader on the owner’s own land is problematic at best.

Two legal issues deserve consideration before anyone draws a conclusion from the vote. The first separates a town controlling its own equipment from a town prohibiting private installations. The second concerns terminology. “Flock camera” has become a catch-all term for every ALPR and ordinary video system on the market, including equipment no government agency owns or maintains, and the label does not tell you what a particular camera does. If you own a restaurant, a store, or a parking lot, that difference may matter. A camera recording a cashier is not an automated license plate reader. A homeowners association system that uses software to read plates as vehicles enter and leave a neighborhood and the surrounding roads, an arrangement more common than most drivers realize, is exactly the kind of private installation the ordinance appears to reach, even if unintentionally so.

A town ordinance also has a geographic limit. Atkinson’s action clearly does not create a statewide prohibition on restaurant or retail security cameras. The question is what Atkinson can prohibit within its own jurisdiction, and whether its authority supports the prohibition it adopted. One might reasonably infer a general prohibition is subject to challenge as overbroad and void for vagueness. It reaches independently operated private equipment without exception, and it supplies no definition of the cameras it bans, leaving enforcement officials to decide what qualifies. Indeed, the ordinance does not specify a penalty for noncompliance. State law enacted by the General Assembly may also preempt a local ordinance of that scope.

August 21, 2026

Is Law School Worth It in 2026? | What Law Schools and TikTok Leave Out

by Carolina Attorneys

Lately, TikTok seems to be peddling two very different versions of law school and practicing law, which leaves me wondering whether anyone is telling aspiring lawyers the truth. In 2026, the content trends because people want to know whether law school is still worth it.

The first type of day-in-the-life-of-a-lawyer video comes from the newly minted law student who has attended six classes and already mastered the influencer version of legal education. The video begins before sunrise. There is a workout, a carefully prepared chai latte, an immaculate apartment, color-coded notes, an expensive outfit, a walk across a beautiful campus, and some false modesty about how demanding the day will be. Somewhere along the way, there is usually a little virtue signaling and a fair amount of bragging disguised as vulnerability.

The message is that law school is glamorous, manageable, important, and aesthetically pleasing. The student appears to have time for exercise, skin care, meal preparation, perfect notes, social media production, and eight hours of sleep. Apparently, law school is just another lifestyle brand.

November 18, 2025

When the State Profits from Crime: Taxing Crime in North Carolina

by Carolina Attorneys

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.

November 16, 2025

Breath, Blood, Bull: Challenging NC DWI SFSTs

by Carolina Attorneys

This post continues the Breath, Blood, and Bull series, an in-depth look at how science, procedure, and perception collide in the prosecution and defense of DWI cases in North Carolina. The first installment examined the limits of chemical testing. The second article turned to the machines that interpret alcohol breath samples into evidence, using the “breathalyzer.” This post focuses on the field sobriety tests or “SFSTs” that often precede BAC testing.

Standardized Field Sobriety Tests (SFSTs) are a battery of three roadside exercises: Horizontal Gaze Nystagmus (HGN), Walk-and-Turn (WAT), and One-Leg Stand (OLS), designed by NHTSA to gauge impairment.

When prosecutors rely on Standardized Field Sobriety Tests to support a DWI charge, the assumption is that these dexterity exercises offer reliable, objective proof of impairment. Yet the science tells a more complicated story.

October 12, 2025

Due Process in North Carolina and American Jurisprudence

by Carolina Attorneys

Due process is one of the most enduring phrases in the American constitutional tradition. It appears in the Fifth Amendment, binding the federal government, and in the Fourteenth Amendment, extending the guarantee to the states.

North Carolina’s Constitution also secures due process through Article I, Section 19, which provides that no person shall be deprived of life, liberty, or property except by the “law of the land.”

Far from being ornamental language, due process reflects a working system of legal discipline that reaches from Magna Carta through North Carolina’s founding conventions into the daily practice of its courts.

October 6, 2025

Video Evidence in North Carolina Criminal Trials

by Carolina Attorneys

When is video evidence admissible?

Quick Take: In North Carolina vs. Ramsey (COA25-145, filed Oct. 1, 2025), the Court of Appeals approved admission of a short cell-phone clip for illustrative purposes:

Eyewitness testified it fairly and accurately depicted what was observed

May 28, 2025

After a Dismissal: What Happens If You’re Charged With a Sex Offense But Not Convicted in North Carolina?

by Carolina Attorneys

Being charged with a sex offense in North Carolina, regardless of whether there is a dismissal, can have long-term legal and personal consequences. While the formal legal obligations that apply after a conviction, such as sex offender registration or satellite-based monitoring, do not automatically attach to a pending charge, there are circumstances in which an arrest or charge alone can affect a defendant’s rights, freedom, and access to legal relief.

This post examines what happens when someone is charged with a registrable sex offense in North Carolina but is not convicted at trial or the state files a voluntary dismissal. It explains the legal significance of the charge, how it may affect pretrial release and eligibility for things like firearm rights restoration, expunction, or registration termination. It also addresses the broader consequences that can arise even when a charge is later dismissed or results in acquittal.

If you’ve been charged with a serious offense in Mecklenburg, Union, Gaston, Iredell, or Lincoln County and need to understand what that might mean for your future, call or TEXT Powers Law Firm at 704-342-4357 to see whether we’re available to assist.

May 21, 2025

Who Has to Register as a Sex Offender in North Carolina—and for How Long?

by Carolina Attorneys

In North Carolina, the legal obligation to register as a sex offender does not apply to every offense that involves sexual behavior. Instead, the state defines a specific group of criminal convictions, called “reportable convictions,” that trigger mandatory registration. Understanding who must register, how the law defines qualifying offenses, and how long those obligations last is essential for anyone facing charges that might carry these consequences.

This post explains the legal framework for sex offender registration in North Carolina, including how reportable convictions are defined, how aggravated status or recidivism affects the rules, and how long a person remains on the registry after registration. It also addresses related factors such as offense dates, eligibility for termination, and legal distinctions between standard and aggravated registration programs.

If you’re facing serious criminal charges in Mecklenburg, Union, Iredell, Gaston, or Lincoln County, and need to understand what’s at stake, call or TEXT Powers Law Firm at 704-342-4357. We may be available to assist.

May 14, 2025

Presumption of Innocence: What It Really Means to Be Innocent Until Proven Guilty

by Carolina Attorneys

In North Carolina, the presumption of innocence is more than a phrase. It is a legal principle that defines how the criminal justice system is supposed to treat you if you’ve been accused of a crime. But in real life, this idea is often misunderstood. You may hear it said in court, and you might even believe it should protect you. Still, once you’ve been charged, it can feel like the system assumes the opposite.

This article explains how the presumption of innocence works in practice in North Carolina, how it shapes the process, and what it means for you or a loved one facing criminal charges.

If you’ve been charged with a crime, it’s natural to have questions about how the system works. Understanding the presumption of innocence in North Carolina can help you make sense of what to expect and where to begin. If you’re looking for clarity or simply want to talk through what’s happening, you’re welcome to call or text Powers Law Firm at 704-342-4357. We may be able to help.

May 3, 2025

The Exclusionary Rule and How It Shapes Criminal Procedure in North Carolina

by Carolina Attorneys

The exclusionary rule is a foundational principle in American criminal law. While it traces its origins to federal constitutional doctrine, it now plays a central role in everyday trial practice, including in state courtrooms across North Carolina. The rule is most often encountered through motions to suppress evidence, but its reach extends further, sometimes forming the basis for a motion to dismiss when the taint of unlawful police conduct affects more than a single piece of evidence. To understand why the rule exists and how it functions, it helps to examine both its historical roots and its practical application today.

Though courts often describe the exclusionary rule as a remedy, its function is broader than that. It reflects an institutional decision to draw a line between the conduct of law enforcement and the integrity of the courts. It limits what the State may use to prosecute someone when a constitutional violation has occurred. And while it can lead to the suppression of important or even decisive evidence, the logic behind the rule rests on the idea that constitutional limits on police conduct are only meaningful if they carry enforceable consequences.

The Exclusionary Rule in Constitutional and Historical Context