Articles Tagged with MISDEMEANOR

What is an Indictment?  What is a True Bill in North Carolina? Can I be held in jail waiting for charges ?

The short answer is no. If there aren’t charges pending, you can’t be held – Bill Powers 

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  • Politely Advise Police You Wish to Say Nothing

NC Attempted Assault Charges and Penalties

Does North Carolina Have Attempted Assault?

Attempted Aggravated Assault with a Deadly Weapon Inflicting Serious Injury – New North Carolina Crime

The North Carolina Supreme Court recently held in State v. Floyd that attempted assault is a recognized crime in North Carolina. The court explained in their decision what the newly recognized law is and how it will work.

Illegal Consumption in North Carolina, Legal Options.  Minor with Alcohol, How Does Court Work? How To Deal With Underage Alcohol Possession Charges

Here’s the quick answer: Talk to a Lawyer.  Ask some questions. At Powers Law Firm PA, we offer free, confidential consultations. It doesn’t cost you a penny – Bill Powers 

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See More:  NORTH CAROLINA ALCOHOL OFFENSES 2016

Hidden Consequences of a Criminal Record:  What Happens When Convicted of a Felony?  Is One Forever Branded a Criminal?

The etymology of the word “felon” is to some extent uncertain.  In Latin, fel is thought be associated with gall or poison.  Old French defines felon as an evil-doer, scoundrel, traitor, rebel, oath-breaker, and the Devil.

In early English law, a felony could be a crime punishable by death or mutilation and forfeiture of lands and goods.

Blood Testing in Fatality CasesDeath by Vehicle Blood Testing in North Carolina involves a certain, although limited, amount of discretion by Law Enforcement.  There are circumstances where blood sampling may be in addition to standard breath-testing on the EC/IR II.

A combination of breath, blood and urine samples may be obtained in appropriate legal circumstances, even if duplicative in nature and would therefore be subject to administrative licensing consequences for failing to comply.

N.C.G.S. 20-141.1 offenses include:

Driving While Impaired cases are in-and-of-themselves complicated matters for presentation in court.

When coupled with the loss of another human life, the consequences and potential for punishment(s) necessitate a careful examination of the law, facts and procedural history of the on-scene investigation.

Modified Transcript of “Telling Truth To Lawyer” for Hearing Impaired:

In criminal cases, whether it’s a DUI or a misdemeanor, even a felony – heck, even traffic tickets – it’s not unusual to have a client later fess up when they’re talking to us in the office and say “I didn’t tell the truth to the officer.” Now, that’s not unusual. People get nervous. They don’t always answer the right way.

Does the Court automatically appoint a Public Defender? What is the process for seeking legal assistance in Criminal Cases? Are public defenders or appointed counsel free?

Modified Transcript of “No Money For Attorney” for Hearing Impaired:

Magistrate Videoconferencing

See Judge Miller’s Administrate Order:  Magistrate Videoconferencing

North Carolina General Statute NCGS 20-16.2 “Implied Consent to Chemical Analysis” sets forth some of the different protocols we follow in North Carolina in obtaining a Blood Alcohol Content BAC and/or an BrAC or “Breath Alcohol Content” and reads in relevant part:

§ 20-16.2. Implied consent to chemical analysis; mandatory revocation of license in event of refusal; right of driver to request analysis.

Jail Visits by an attorney are common, especially with matters involving serious criminal charges, felonies and even some misdemeanors with high bond amounts.  Attorney Bill Powers

Modified Transcript of “Will Attorney Come to Jail?” for the Hearing Impaired:

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