north carolina criminal defense

February 24, 2026

7 Ways to Lose Your Lawyer

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;DR: The 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:

February 12, 2026

State v. Chemuti | Criminal Discovery in North Carolina in 2026

by Carolina Attorneys

If you are facing criminal charges in North Carolina, recent court decisions may directly affect what evidence your lawyer can obtain and how quickly that evidence becomes available. One of the most important of these rulings is State v. Chemuti, a decision that changes how body-camera and dash-camera recordings are requested, reviewed, and used in criminal cases.

Access to law-enforcement video can shape suppression motions, plea negotiations, and trial strategy. When that access is delayed or restricted, the balance of a criminal case may shift in ways that are difficult to correct later. Understanding how discovery works after Chemuti is therefore part of protecting your legal rights from the earliest stage of a prosecution.

For questions about criminal discovery, suppression issues, or how recent North Carolina case law may affect your defense, Bill Powers is available for legal consultation at Powers Law Firm. Call 704-342-4357 to schedule a confidential consultation. Bill Powers is a trial lawyer with more than three decades of courtroom experience handling criminal defense matters in North Carolina, a past President of the North Carolina Advocates for Justice, and a recipient of the James B. McMillan Distinguished Service Award.

February 10, 2026

Death by Vehicle Prosecutions in North Carolina | What Defense Lawyers Need to Know

by Carolina Attorneys

This guide explains how North Carolina prosecutors and defense lawyers analyze death by vehicle charges, proximate cause, and charging discretion in impaired-driving fatalities

1. The Case May Reach the Prosecutor Long After the Train Has Left the Station

In some North Carolina jurisdictions, prosecutors learn about fatal crashes well after law enforcement has already made critical decisions. Pre-COVID charging decisions in some districts, such as in Mecklenburg County, generally involved officers consulting with the District Attorney’s office before charging in death-by-vehicle cases. That practice ended in many jurisdictions, though it continues in others. Prosecutors may receive case files only after arrest warrants have been issued, charges have been filed, and media coverage has begun. In other prosecutorial districts, prosecutors become involved at the scene and participate directly in the initial charging decision.

January 10, 2026

Pretrial Limited Driving Privileges for DWI in North Carolina

by Carolina Attorneys

North Carolina law permits courts, in defined circumstances, to authorize limited driving during certain pretrial license revocations arising from impaired driving charges. That authority exists within the civil revocation framework and is governed by statute, not by the outcome of the criminal case. Whether a pretrial limited privilege is available depends on specific findings, timing requirements, and statutory prerequisites that courts evaluate before exercising their discretion in issuing an Order. The sections that follow explain how courts analyze eligibility, scope, and limitations for pretrial limited driving privileges for impaired driving charges in North Carolina.

1. A pretrial limited driving privilege is a temporary court order, not a license restoration.
A pretrial limited driving privilege is a judicial order that authorizes restricted driving during a period when a driver’s license has been revoked in connection with an implied-consent impaired driving case. It does not restore a license, erase a revocation, or signal how the criminal charge will be handled. The underlying revocation remains in place, and the privilege operates as a narrow exception that permits specified driving activity under defined, limited conditions.

2. Pretrial privileges exist within the civil revocation framework, not the criminal case itself.
Courts evaluate pretrial limited driving privileges through the lens of civil license revocation law, not as part of sentencing or disposition of the underlying impaired driving charge. The statutory authority for limited privileges in North Carolina is tied to pretrial revocations arising from alleged implied-consent offenses, rather than to post-conviction consequences. This distinction matters because eligibility rules, waiting periods, and conditions differ from those that apply after a conviction.

November 12, 2025

Civil Warrants, Criminal Searches: Fourth Amendment in North Carolina

by Carolina Attorneys

The North Carolina Court of Appeals’ decision in State v. Hickman (COA24-893, filed November 5, 2025) revisits a foundational question in constitutional law. When government agents enter private property without a warrant, what happens to the evidence they obtain?

While the case involves a Department of Revenue tax warrant rather than a traditional criminal investigation, its implications extend beyond tax collection. It clarifies the continuing role of the Fourth Amendment and Article I, Section 20 of the North Carolina Constitution in protecting private dwellings from unauthorized searches and seizures.

The opinion also reaffirms an older, quieter truth that sometimes gets lost in modern exclusionary-rule debate.

November 1, 2025

Voluntary Intoxication as an Affirmative Defense in North Carolina

by Carolina Attorneys

Voluntary intoxication occupies one of the narrowest spaces in North Carolina criminal law. It is not a general justification for unlawful conduct, nor is it a plea for sympathy.

Instead, voluntary intoxication functions as a limited doctrine that may, under rare circumstances, negate the specific intent required for particular crimes.

The defense reflects a long-standing tension between moral accountability and the requirement that the State prove intent beyond a reasonable doubt.

June 18, 2025

Understanding Miranda Rights | When Police Must Read Them And When They Don’t

by Carolina Attorneys

One of the most common misconceptions in criminal cases is the belief that charges will automatically be dismissed if police fail to read Miranda rights. That belief, often shaped by television and popular culture, rarely reflects how Miranda operates under North Carolina criminal law.

Miranda rights are an important constitutional protection, but they apply only in specific circumstances. Understanding when Miranda warnings are required, and when they are not, can materially affect how a criminal case unfolds.

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 understands 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.

April 16, 2025

Can Misconduct Cause You to Lose Your Right to a Lawyer?

by Carolina Attorneys

Beyond an express waiver, a defendant can also lose the right to a lawyer through forfeiture in certain circumstances. Forfeiture of counsel is a doctrine that applies when a defendant’s own serious misconduct effectively forfeits the right to an attorney. Unlike a waiver, which is a voluntary relinquishment of a known right, forfeiture does not require an informed choice by the defendant – it is a consequence of behavior that is incompatible with the continued services of counsel.

North Carolina appellate courts have made clear that forfeiture is reserved for severe situations and is not to be invoked lightly, given the fundamental nature of the right at stake. The North Carolina Supreme Court has emphasized that forfeiture of counsel should be found only in rare circumstances where the defendant’s actions (serious misconduct) frustrate the purpose of the right to counsel and prevent the trial from moving forward.

In other words, only when a defendant’s conduct is so egregious that it entirely undermines the fair and orderly administration of justice will a court deem the right to counsel forfeited. Examples might include assaulting one’s attorney or brazen obstruction of the proceedings.

February 5, 2025

Hemolysis, BAC Testing, and Criminal Charges in North Carolina

by Carolina Attorneys

Hemolysis involves the rupture of red blood cells in a blood sample. In the context of criminal charges, this can affect how accurately labs measure blood alcohol concentration (BAC). Mechanical factors like needle gauge selection, centrifugation practices, storage conditions, or simple delays can lead to hemolysis. The result may be an inflated or deflated BAC reading. For someone facing DUI charges or other criminal matters where BAC plays a role, understanding hemolysis, BAC testing, and its implications can help in reviewing the evidence.

If you have questions about the specifics of your legal matter, the legal team at Powers Law Firm is available for consultation. You may call or text 704-342-4357. You may also email Bill Powers at Bill@CarolinaAttorneys.com.

Below is a brief syllabus of the main topics covered in this document. Each entry links to a corresponding section that explains how hemolysis occurs, how labs test for BAC, and why these details may shape legal strategies.

February 2, 2025

Understanding Postmortem BAC – Blood Alcohol Concentration in North Carolina Criminal Defense

by Carolina Attorneys

This article discusses how alcohol normally travels through your body when you’re alive, how that changes once life ends, and why postmortem shifts can influence criminal defense in North Carolina. We will also explore the potential legal implications of an inaccurate or misleading BAC when the decedent—who, in criminal cases, may be considered a victim—had alcohol in their system.

By clarifying the complexities of forensic toxicology, our goal is to explain why thorough investigation and analysis by forensic toxicologists may be an essential aspect of building a defense strategy.

It is tempting to assume that the number on a lab report reflects an exact level of intoxication at the time of death, but the science behind postmortem BAC is often far more nuanced and complicated. Factors such as redistribution, laboratory processing, and even microbial activity can alter the reading—sometimes making it appear higher or lower than it actually was when the person was alive.