Articles Tagged with CRIMINAL DEFENSE

Judicial independence is one of the defining principles of American government. It protects the courts from political retaliation, Judge seated at a courtroom bench wearing a black robe, symbolizing judicial independence, fairness, and impartiality in North Carolina’s court system. intimidation, and coercion, allowing judges to apply the law faithfully rather than bending to public opinion or private pressure.

Without judicial independence, due process would be hollow, and the rule of law would collapse under the weight of fear.

North Carolina’s judiciary stands as a separate and equal branch of government, tracing its power and authority from the state’s earliest constitutional conventions through modern statutes and precedent.

“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.

The Rule of Law is not just a value, a tradition, or a preference. It is the operating principle of RULE-OF-LAW the United States government and the foundation upon which legal rights, public institutions, and constitutional safeguards depend.

The Rule of Law in the United States does not mean that laws are always fair. It does not mean that legal outcomes are always just.

It means that law, rather than arbitrary power, determines how authority is exercised. It means that no person is above the law.

The Client Behind a Guilty Plea That I’ll  Never Forget

Some cases stay with you long after the courtroom clears. This is the story of a mentally ill client who entered a guilty plea in a murder case, and the extraordinary Guilty-Pleas-in-North-Carolina Artistic Representation moments that followed. What he carried and what he chose to say changed the way I view my work as a criminal defense lawyer.

He wasn’t the first client I’d represented facing a murder charge. He wasn’t the youngest, the oldest, or even the most complicated. But something about this case, the years it took to resolve, the patience it demanded, the things I learned sitting beside him, will stay. I will carry the memory of that hearing with me, and what happened in that courtroom, for the rest of my legal career.

Defense lawyers don’t talk about it much. Not in CLEs. Not in chambers. Not even in the back halls of the courthouse, where truth slips out in whispered voices. We talk What-Defense-Lawyers-Carry-in-Court about strategies. We dissect rulings. We joke, sometimes darkly, because it keeps the walls from closing in. The emotional cost of criminal defense, the weight we carry, the doubt we swallow, the sorrow we sit beside, is something most of us keep to ourselves.

After more than thirty years as a criminal defense lawyer, I have learned that strength and sorrow are with me when I enter the well of the bar in a North Carolina Superior Court for sentencing.

You might think that I’d be used to it.

Witnesses with specialized knowledge beyond that of a jury may in appropriate circumstances provide “expert testimony” in North Carolina. DWI (Driving While Impaired) charges in North Carolina regularly include evidence like breathalyzer results, bloodEXPERT-WITNESS-TESTIMONY tests, and standardized field sobriety tests.

Given the scientific, forensic, and at times highly technical aspects of impaired driving cases, testimony may include qualification in court of expert witnesses and  consideration of NC Rule of Evidence 702 (the rule governing experts and expert testimony). In some circumstances, the formal process of qualification is not required if the police officer is certified by the State of North Carolina as a DRE – Drug Recognition Expert. It can, frankly, prove to be a complicated area of law.

At Powers Law Firm, our attorneys understand the impact that credible experts can have in DWI trials and how critical it is to get reliable evidence before the finder of fact. That may entail both challenging the State’s attempts to tender a police officer as an “expert” and introducing a defense expert to counter the conclusion of the State’s witness and their expert testimony.

Criminal defense lawyers in Charlotte, prosecutors, clerks of court, law enforcement, and the legal professionals associated with court CRIMINAL LAWYERS IN CHARLOTTE NCoperations in North Carolina are on the front lines helping people during trying times.

The Chief District Judge in Mecklenburg County, the Honorable Elizabeth Trosch, advises Charlotte Lawyers she has contracted the Coronavirus.

We wish Judge Trosch and everyone who has contracted the Coronavirus a speedy recovery.

Shawn Patrick Ellis created quite a kerfuffle in more ways than one.REASONABLE SUSPICION IN NORTH CAROLINA

His defiant middle finger and later refusal to identify himself to law enforcement resulted in a Superior Court criminal conviction for Resisting Officers.

On a day focused on NC court closures, continuances, and the Coronavirus, Justice Robin Hudson delivered an opinion addressing the legality of giving someone the middle finger.

Charlotte Criminal Defense Lawyer Bill Powers Answers the Question:  Is larceny a felony or misdemeanor criminal case?

Criminal Defense Lawyers Near Me in Charlotte NC
Why are some things considered a “minor misdemeanor” and other allegations of larceny considered a felony? What is a felony and why is it more serious?  Is larceny a felony or misdemeanor criminal case in North Carolina?  Does it even make a difference?

If you or a loved one has been arrested for a criminal charge or a facing indictment for felony larceny, breaking and entering, larceny after breaking and entering, or any crime of “theft” or dishonesty, call a defense lawyer immediately.

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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