north carolina criminal defense

July 5, 2026

Google Location History and the Fourth Amendment | Chatrie v. United States

Google Location History now carries Fourth Amendment protection when police obtain it from Google during a criminal investigation. On June 29, 2026, the United States Supreme Court held in Chatrie v. United States that police conduct a search when they acquire historical cell phone location data from Google, even when the request covers only a limited time and even though Google keeps the records on its servers.

That does not make every digital location search unlawful. It does not mean the evidence in Chatrie must be suppressed. It does not prevent police from using location data to investigate serious crimes.

Key Point | Google Location History is not routine business paperwork simply because a technology company stores it. It can reveal where a phone traveled, where it stopped, and what private places it reached. When the government demands that information, the Fourth Amendment applies.

June 23, 2026

North Carolina Rule 404(b) | Impeachment and Character Evidence

by Carolina Attorneys

North Carolina Rule 404(b) impeachment evidence can become a central issue in a DWI or fleeing to elude trial when a defendant testifies and the State argues that a separate incident contradicts that testimony. The Court of Appeals’ June 17, 2026 opinion in State v. Moore, No. COA25-1049, is a reminder that the decision to testify does not merely give the jury the defendant’s side of the story. It also creates room for cross-examination by the prosecutor.

TL;DR | Moore involves a trial for fleeing to elude arrest with a motor vehicle, reckless driving to endanger, speeding, operating a motor vehicle without a license, driving while impaired, and displaying an expired registration plate. The defendant testified that he was not trying to flee from law enforcement during the charged event. He said he was driving to safety because he did not want to stop on a back road without witnesses, lights, cameras, or other visible protections. That testimony created the problem. During cross-examination, the State asked whether he would have pulled over if the encounter had happened in a city with more lights and people around. The defendant answered that he would have pulled over. The prosecutor then asked the trial judge for permission to question him about a different police encounter than the incident being tried. According to the State, that separate encounter went to credibility because it allegedly involved conduct that could be viewed as evading law enforcement even though it happened in the city. The trial court allowed the questioning but barred the State from asking about any charges from the 2024 event. The jury heard the defendant’s account of the separate encounter. The jury did not hear about charges from that event. The defendant was convicted, appealed, and argued that the questioning violated Rule 404(b) and Rule 403. The Court of Appeals found no error.

North Carolina Rule 404(b) Impeachment Evidence | Quick Reference Chart

June 21, 2026

Embarrassment After Criminal Charges | How Shame Can Make a Bad Situation Worse

by Carolina Attorneys

Embarrassment after criminal charges may be one of the least discussed but most powerful forces affecting how a case unfolds. Long before a judge hears evidence or a jury enters the courtroom, a lot of defendants are already fighting a private battle with humiliation, regret, fear, damaged pride, and the sudden awareness that others may now see them differently.

Criminal charges can carry consequences beyond the legal system. They can affect family relationships, employment, professional licenses, reputations, friendships, and self-image. For many clients, the emotional fallout begins the moment they are arrested, served with a warrant, receive a citation or traffic ticket, learn they are under investigation, or see their name appear in a court file.

What surprises criminal defense lawyers is not the existence of embarrassment. It is what embarrassment sometimes causes defendants to do.

June 18, 2026

How to Work With Your Criminal Defense Lawyer

by Carolina Attorneys

Learning how to work with your criminal defense lawyer can be difficult when you believe the accusation against you is unfair, exaggerated, or legally wrong. That reaction is human. A criminal charge can affect your record, your license, your job, your family, your reputation, your immigration status, and your sense of who you are. Even a traffic ticket can feel personal. When the stakes feel high, especially in cases like DUI, domestic violence, and drug charges, fear can come out as anger, anxiety can make every sentence feel like something to fight, and embarrassment can make even careful advice sound like criticism.

Key Tip | Lawyers want to help. Part of helping is being honest, even when it’s hard to hear. An important part of criminal defense involves explaining the law and clearing up misunderstandings about how the legal system really works.

That is why it makes sense to understand what your defense lawyer likely intends when the questions feel direct, the advice feels uncomfortable, or the conversation does not go the way you expected.

June 12, 2026

Discarded DNA Evidence in North Carolina Criminal Cases

by Carolina Attorneys

Discarded DNA evidence in North Carolina criminal cases can start with something as ordinary as a Wingstop cup. A fork, straw, napkin, cigarette butt, water bottle, soda can, or coffee lid may carry skin cells, saliva, or other biological material. When the police believe a suspect used that item, that may link an unsolved crime scene profile to a named person and raise immediate questions about abandonment, curtilage, search and seizure, and what the DNA result actually proves.

A California cold-case arrest reported on June 5, 2026 by USA Today shows a somewhat common method at work. Investigators reportedly observed a suspect during a restaurant meal, collected the items he left behind, including a Wingstop cup, a fork, a straw, and a napkin, then compared DNA recovered from those items to evidence from an older crime scene, and that comparison reportedly supported the arrest.

While the reported West Coast case is not North Carolina legal authority, from the criminal defense lawyer’s perspective, we do encounter the handling of discarded DNA in North Carolina on occasion, particularly in the disposition of “cold case” files involving some of the most serious types of criminal charges alleging things like murder and sex crimes.

June 9, 2026

Bad Search Warrant Affidavit | North Carolina

by Carolina Attorneys

When Police Change Facts in a North Carolina Search Warrant Affidavit

In a North Carolina criminal case, a police report is generally an investigative record. It can be updated and supplemented as the investigation moves. A search warrant affidavit is a sworn factual statement submitted to a neutral judicial official to justify a search before it occurs. When an officer changes wording, drops an inconvenient detail, adds a salient fact, or reshapes the narrative on the way to a warrant, the legal question is not whether a report was “corrected.” Instead, defense counsel might reasonably ask whether the sworn affidavit truthfully reports what the officer knew, or whether the warrant became a formality used to ratify a search the officer had already decided to make.

North Carolina law does not demand a perfect affidavit. Courts do not strike warrants over every typo, clumsy phrase, or mistaken background fact. But there is a line past which forgiving de minimis errors starts to look like adoption or ratification of sloppy processes. If courts routinely excuse factual strengthening, after-the-fact wording, and selective omissions, that habit can begin to function as permission, if not authorization. It signals that an affidavit based on factually slight evidence might be rescued by sharper language and that an oath, affirmation, and signature will paper over the gap. That is not the order set out by the Fourth Amendment and Article I, Section 20 of the North Carolina Constitution.

June 6, 2026

Judge Rejects Plea Bargain | What Happens in North Carolina?

by Carolina Attorneys

A plea bargain in North Carolina Superior Court is more than an understanding between lawyers. While a negotiated resolution, the terms and conditions of the plea arrangement are subject to judicial approval.

When a judge rejects a plea deal, the case changes substantially in the courtroom, in real time. A defendant who came to court prepared to resolve the case now faces a different procedural posture and related (potential) long-term consequences of a rejected plea.

The State’s sentencing recommendation no longer controls the path forward. As such, defense lawyers tend to respond immediately, on the record, before the defendant’s transcript answers, factual-basis assent, or sentencing admissions create confusion about what remains usable after the arrangement fails.

May 30, 2026

Racial Bias in Jury Selection | Batson Challenges

by Carolina Attorneys

On May 29, 2026, reporting surrounding the United States Supreme Court’s review of a Mississippi death penalty case again pushed one of the oldest constitutional problems in American criminal law back into public discussion. The issue involves racial discrimination in jury selection under Batson v. Kentucky, 476 U.S. 79 (1986), and whether prosecutors improperly struck black jurors during a capital murder trial.

The opinion matters far beyond Mississippi. Jury selection disputes are a regular aspect of criminal trials in North Carolina. Prosecutors, defense lawyers, and trial judges still wrestle with the practical reality that Batson litigation remains one of the hardest constitutional violations to prove cleanly and one of the easiest constitutional protections to weaken through procedural language. Readers should care because jury selection determines who exercises the power of judgment in a criminal courtroom. A constitutional right means little if discriminatory conduct can be repackaged as “strategy,” “demeanor,” or “trial preference.”

TL;DR Batson Challenges |Racial Bias During Voir Dire Jury Selection

May 16, 2026

Child Facing Criminal Charges? | Don’t Be a Helicopter Parent

by Carolina Attorneys

WARNING: If your child is facing criminal charges in Charlotte and you don’t want to hear the truth, STOP READING NOW. This blog post isn’t for you. If you want to know how things really work in the legal system, from experienced defense lawyers who honestly care but also tell it like it is, what follows might save you a whole lot of heartache and pain.

Starting off, know this:

Defense lawyers understand your child is a good person

May 11, 2026

Substitute Expert Testimony in North Carolina | State v. Phillips 2026

by Carolina Attorneys

Substitute expert testimony in North Carolina criminal cases continues to develop, as evidence in the May 2026 Court of Appeals decision in State v. Phillips. A substitute expert may testify when the opinion comes from evidence the expert can independently review, such as photographs of visible injuries. The Confrontation Clause problem may be subject to review when the Rule 702 opinion depends on the truth of what an absent examiner recorded, measured, observed, charted, tested, or concluded.

That distinction matters in criminal defense because expert testimony can sound scientific even when it rests on human assumptions that were never tested in court. A jury may hear the word “independent” and assume the witness did the work. Phillips reminds lawyers, judges, and anyone facing criminal charges that the real question is not whether the witness has credentials. The real question may involve what the opinion is based on.

TL;DR | Substitute Expert Testimony