Articles Tagged with Criminal Defense Charlotte NC

Let me start by saying this. I love lawyers. I am one. I am a former president of the North Carolina Advocates for Justice (NCAJ), an association of criminal defense, personal injury, and family law lawyers.

Some of my best friends are lawyers. The profession as a whole is comprised of noble, hard-working professionals dedicated to justice, due process, and helping others.

AND if you ever want to truly test your patience, try defending an attorney when the tables are turned, and the lawyer becomes the defendant.

The Sixth Amendment of the United States Constitution guarantees defendants charged with a crime the right to legal counsel. The North Carolina State Constitution reinforces that protection in Article I, Section 23 Declaration of Rights. A lot of folks facing a criminal allegation assume that legal right is absolute. As long as they want an attorney, the Court must provide one. That’s not always the case. Indeed, there are things you can do to lose your right to a lawyer.

TL;DRThe February 2026 NC Court of Appeals Decision, State v. Webber, upheld a trial judge’s decision to strip a defendant of the right to counsel and force them to stand trial alone. The defendant had burned through four appointed attorneys over several years, privately retained a fifth, refused court-appointed counsel, and walked into the courtroom on the day of trial without a lawyer. The Court found the defendant forfeited and otherwise waived the right to counsel through their conduct.

North Carolina courts look at the totality of circumstances before stripping a defendant of the right to counsel. No single act automatically triggers forfeiture. What follows are the seven patterns set forth in Webber that, alone or in combination, can cost a defendant their lawyer:

In the recent appellate decision of North Carolina v. Escalante (also cited as State v. Escalante), No. COA25-64, filed December 17, 2025, the North Carolina Court of Image representaing police officer testifying in court illustrating Fourth Amendment search and seizure issues under North Carolina criminal law Appeals examined whether the defendant had the legal right, known as standing, to challenge the legality of electronic surveillance used in his arrest. The appellate court affirmed the trial court’s ruling that the defendant lacked standing to seek suppression because he could not demonstrate a personal privacy interest in the phone that was tracked.

At the Powers Law Firm, we enjoy helping clients navigate complex legal issues. Bill Powers, a seasoned trial attorney with more than three decades of courtroom experience, is a former President of the North Carolina Advocates for Justice and a recipient of the North Carolina State Bar’s John B. McMillan Distinguished Service Award. He is a widely regarded criminal defense lawyer in North Carolina and a frequent speaker and seminar host in the legal community. If you have questions about your legal rights, we invite you to reach out to Bill Powers at Powers Law Firm for guidance.

TL;DR “Hot Take” in North Carolina vs. Escalante

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