Iredell Lawyers

May 28, 2025

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

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

April 12, 2025

Waiver of Counsel in North Carolina

by Carolina Attorneys

Waiver of Counsel: Legal Framework and Standard of Review

Criminal defendants have a fundamental right to the assistance of counsel under the Sixth Amendment to the U.S. Constitution and Article I of the North Carolina Constitution. A defendant also has the right to proceed without counsel and represent himself or herself, but such waiver of counsel must be made knowingly, intelligently, and voluntarily. North Carolina law requires trial courts to conduct a thorough inquiry before accepting a waiver of the right to counsel.

This inquiry is codified in N.C.G.S. § 15A-1242, which provides that a judge may allow a defendant to proceed pro se only after confirming that the defendant: