Powers Law Firm Charlotte

October 18, 2025

Good Faith Exception to the Exclusionary Rule in North Carolina

The Supreme Court of North Carolina’s opinion in North Carolina v. Rogers (Oct. 17, 2025) deserves careful study by criminal defense and DUI defense lawyers.

TL;DR Quick Take North Carolina v. Rogers reshapes how certain suppression motions may be litigated in North Carolina. The Supreme Court interpreted the 2011 “good faith” amendment to N.C.G.S. §15A-974 as significantly limiting the scope of the exclusionary rule, allowing evidence obtained through unlawful searches to be admitted if officers relied on objectively reasonable belief in the legality of their conduct. The decision narrows the path for defendants seeking suppression and marks a turning point in how trial courts evaluate Fourth Amendment violations.

Editor’s Note: The Supreme Court’s decision in State v. Rogers addressed good-faith reliance on a judicial order, not warrantless arrests or searches. The opinion leaves open whether the same reasoning will apply to warrantless seizures or probable-cause challenges. For now, Rogers appears to narrow the exclusionary rule only in the context of judicially authorized warrants and orders.

October 18, 2025

State v. Chemuti: Obtaining Video Evidence in North Carolina

by Carolina Attorneys

Accessing video evidence, body-cam, and dash-cam video in North Carolina potentially just became a lot harder to obtain.

TL;DR Quick Take: North Carolina v. Chemuti limits how defendants can access police body-worn and dash-camera recordings. The Supreme Court held that Rule 45 subpoenas cannot compel production of law-enforcement video. Instead, defendants must file a petition under N.C.G.S. § 132-1.4A in superior court, which is the exclusive procedure for release.

The Chemuti ruling is significant because, unlike many states, North Carolina provides no traditional right to discovery in cases originating in district court.

August 9, 2025

Ketogenic Fasting Alcohol Effects on BAC and DWI Charges

by Carolina Attorneys

Can Ketogenic Fasting Affect Your DWI Charges in North Carolina?

If you’re following ketogenic fasting, characterized by prolonged calorie and carbohydrate restriction, you may be unknowingly altering your body’s response to alcohol and potentially impacting DUI test results and associated criminal allegations of “drunk driving.”

While ketogenic fasting triggers autophagy, a natural cellular cleanup, it also indirectly influences glucose and cortisol levels, creating complex physiological interactions potentially relevant to impaired driving charges.

August 2, 2025

North Carolina Concealed Carry Law: Status of 2025 Legislation

by Carolina Attorneys

North Carolina’s concealed carry law may be on the verge of a historic change. Presently, you must still have a valid permit to carry a concealed handgun. On July 29, 2025, the North Carolina Senate voted to override Governor Stein’s veto of Senate Bill 50, known as the “Freedom to Carry NC” act. In order for the law to go into effect, the NC House must also vote to override the veto by a three-fifths majority.

Until both chambers of the NC General Assembly vote to override the Governor’s veto, the existing concealed carry permit requirement remains in full force. As the law now stands, anyone who carries a concealed handgun in North Carolina without a valid permit or legal authority, is still subject to criminal prosecution.

If you are facing criminal charges, are under investigation in the Charlotte metro region, including Mecklenburg and Union County, and want more information about carrying a concealed weapon charges, contact Powers Law Firm for experienced, confidential guidance. TEXT or call now: 704-342-4357

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 2, 2015

Will My Attorney Meet Me In Jail?

by Carolina Attorneys

When someone you love is arrested and taken to the Mecklenburg County Detention Center (Jail), one of the first questions families ask is simple and urgent, “Will a lawyer go see them in jail?”

The answer is yes, attorneys routinely visit clients at the jail. Defense counsel are authorized to meet with incarcerated clients during attorney visitation hours upon presentation of valid credentials. The Mecklenburg County Sheriff’s Department does not require defense attorneys to reserve visits through the public scheduling systems used for social visitation. Lawyers regularly appear in person to consult with detained clients without advance scheduling when jail operations and court timing allow.

But the fuller explanation is more nuanced. Whether a lawyer actually can meet with a new client in jail before a first court appearance depends far more on time and logistics than permission and the process of going to the Mecklenburg County Jail Intake facility to visit your loved one.