Articles Tagged with POWERS MCCARTAN

North Carolina Rules of Evidence

Modified Transcript of “DWI Burdens of Proof” for Hearing Impaired:

The third burden of proof that the state has to satisfy when we’re speaking about a prosecution for DWI, I’m just going to refer to as criminal procedure at large. When we’re talking about reasonable suspicion, typically we’re talking about the stop. When we’re talking about probable cause, we’re typically just talking about the arrest. Criminal procedure at large we’re talking about the process as a whole, but not from a factual end necessarily, but from a procedural one.

Modified Transcript of “Charlotte Experienced Legal Counsel” for the Hearing Impaired:

How do I understand how to represent a serious felony? The simple answer is hard knocks, it’s life.

It’s being in the trenches and fighting for someone’s life and their livelihood and their family and their well being. There is no substitute for experience in a court room, and you can learn all the law and you can read all the cases and you can spend a lot of time looking over Discovery, and to me frankly that’s the beginning of point.

 
Reasonable Doubt A reasonable doubt is a doubt based on reason and common sense arising out of some or all of the evidence that has been presented, or lack or insufficiency of the evidence as the case may be. Proof beyond a reasonable doubt is proof that fully satisfies or entirely convinces you of the defendant’s guilt.

Legal Reference Materials:  NC Judicial College Jury Instructions Notebook Materials

Modified Transcript of “Reasonable Doubt in Charlotte” for the Hearing Impaired:

Modified Transcript of “Can An Attorney Represent Two People” for the Hearing Impaired:

**Applies to both civil and criminal matters.

Modified Transcript of “Reasonable Suspicion To Stop” for Hearing Impaired:

. . .By a reasonable and articulable suspicion that the person seized is engaged in criminal activity.

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:

Modified Transcript of “How To Retain A Lawyer” for Hearing Impaired:

Retaining an attorney should take more than a two minute conversation on the phone.

Modified Transcript of “DWI Below the Legal Limit” for the Hearing Impaired:

One of the things that we hear about from a lot of our clients, and it’s a great question, is, “Hey, if I am not 0.08 or higher, can they actually hang DWI on me?

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