Articles Tagged with NC

What is a Search?  Are “Frisks” Legal?  When Can Police Pat You Down?

. . .[I]t is nothing less than sheer torture of the English language to suggest that a careful exploration of the outer surfaces of a person’s clothing all over his or her body in an attempt to find weapons is not a ‘search.’  – Terry v. Ohio

What is a “Seizure?”

Modified Transcript of “Legal Information: Assault on Female Charges” in North Carolina for the Hearing Impaired:

Article 8 “Assaults,” as described in Chapter 14 of the North Carolina General Statutes, cover a wide range of different conduct.  The most basic form or “simple assault” is not specifically defined by the North Carolina general assembly website.  That indeed may seem a bit odd.  Rather, the Courts and to some extent Common Law have defined an assault as:

https://youtu.be/ni6cjnEJ_wU

Modified Transcript of “Assault and Battery Charges” for the Hearing Impaired:

There are different types of assault. There’s simple assault, there’s assault on a female, there’s assault on a government official, there’s assaults on children, and sometimes they’re felonious assaults that have the potential for long term prison sentences.

BAD IDEA

Fake ID Bad IDea

Everyone knows using a “Fake ID” is illegal; but, what really are the consequences?  While it may seem innocuous enough, there can be long-term consequences from a conviction.  High School and College kids may think it’s no big deal.  Many parents don’t take it too seriously thinking, “Well, I had one too.”

As an attorney whom has been practicing law for more than twenty-two years, I can say with a reasonable level of reliability that a substantial portion of our clientele:

CalendarCharlotte Mecklenburg District Court Judges Schedule – Calendar Year 2015 is broken down into three periods:

  1. January through May 2015
  2. May through September 2015

https://www.youtube.com/watch?v=l1IhArdD6Y0

Calculating credit for “Pre-Trial Confinement” can be a complicated process.  When the accused has either been unable to secure his or her release due to financial hardships or in a matter where “NO BOND” has been set by court officials, “crediting” that time against an imposed judgment becomes an important consideration.   § 15A-533. Right to pretrial release in capital and noncapital cases states,

(b) A defendant charged with a noncapital offense must have conditions of pretrial release determined, in accordance with G.S. 15A-534.

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.

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