October 12, 2025

Due Process in North Carolina and American Jurisprudence

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.

June 18, 2025

Understanding Miranda Rights – When Police Must Read Them And When They Don’t

by Carolina Attorneys

“They never read me my Miranda rights!” This is one of the most common statements criminal defense attorneys hear from clients who believe this oversight will automatically get their charges dismissed. Unfortunately, this widespread misconception, fueled by countless TV shows and movies, rarely reflects the reality of North Carolina criminal law.

If you’ve been arrested and are wondering about your Miranda rights, understanding when they actually apply and when they don’t could make a significant difference in your case.

If you’ve been charged with misdemeanor death by vehicle in Mooresville or felony death by vehicle in the Charlotte metro region, it’s a good idea to consult an experienced North Carolina criminal defense lawyer. The criminal defense legal team at Powers Law Firm understand the intricacies of vehicular homicide cases and may be available to serve as legal counsel and guide you through your legal options. Call or TEXT 704-342-4357 to schedule a confidential consultation.

June 14, 2025

North Carolina’s Influence on the Fourth Amendment and the Bill of Rights

by Carolina Attorneys

The Debate Over Ratification and the Demand for a Bill of Rights

In the aftermath of the 1787 Constitutional Convention, the proposed United States Constitution went to the states for approval. North Carolina emerged as a critical battleground in this ratification debate. Many North Carolinians were divided between Federalists, who supported the new Constitution as written, and Anti-Federalists, who feared it granted too much unchecked power to a central government.

The absence of a clear list of guaranteed individual rights in the federal Constitution became a focal point. North Carolina’s citizens had fresh memories of British abuses of power before and during the Revolutionary era. They worried that without explicit protections, such as safeguards against arbitrary searches and seizures or other infringements, a new federal government might oppress the people just as past tyrannies had. This concern for fundamental liberties set the stage for North Carolina’s insistence on a Bill of Rights.

February 15, 2025

North Carolina Checking Stations and Roadblocks: How DUI Checkpoints Operate Under G.S. 20-16.3A

by Carolina Attorneys

DUI checkpoints ordinarily involve standardized patterns for stopping vehicles, as well as the use of portable breath tests (PBTs) and SFSTs – Standardized Field Sobriety Tests to assess possible alcohol consumption and appreciable impairment. North Carolina law allows law enforcement agencies to set up checking stations and roadblocks pursuant to N.C.G.S. 20-16.3A to check for things like license violations and to enforce the “drunk driving” (impaired driving) laws. The process must follow certain constitutional and statutory guidelines to avoid arbitrary or discriminatory stops.

The following content is a general overview of how roadblocks and checking stations work, including the difference between a brief roadside stop and a more formal implied-consent procedure. If you have questions about a checkpoint stop in North Carolina—or wish to talk about a specific legal concern related to N.CG.S. 20-16.3A—call or text the Powers Law Firm at 704-342-4357, or email Bill Powers at Bill@CarolinaAttorneys.com.