Union County NC Lawyers

December 24, 2025

Standing to Challenge a Search | NC Search and Seizure Law

In the recent appellate decision of North Carolina v. Escalante (also cited as State v. Escalante), No. COA25-64, filed December 17, 2025, the North Carolina Court of Appeals examined whether the defendant had the legal right, known as standing, to challenge the legality of electronic surveillance used in his arrest. The appellate court affirmed the trial court’s ruling that the defendant lacked standing to seek suppression because he could not demonstrate a personal privacy interest in the phone that was tracked.

At the Powers Law Firm, we enjoy helping clients navigate complex legal issues. Bill Powers, a seasoned trial attorney with more than three decades of courtroom experience, is a former President of the North Carolina Advocates for Justice and a recipient of the North Carolina State Bar’s John B. McMillan Distinguished Service Award. He is a widely regarded criminal defense lawyer in North Carolina and a frequent speaker and seminar host in the legal community. If you have questions about your legal rights, we invite you to reach out to Bill Powers at Powers Law Firm for guidance.

TL;DR “Hot Take” in North Carolina vs. Escalante

December 3, 2025

Why Specific Intent Matters in North Carolina Attempt Crimes

by Carolina Attorneys

A Criminal Defense Deep Dive by Bill Powers, Board Certified Criminal Law Specialist (NBTA/NBLSC), Powers Law Firm, P.A. (Charlotte, NC)

As a criminal defense attorney in North Carolina, I am asked to explain the legal difference between planning a crime and attempting a crime. If you or a loved one face charges related to Criminal Attempt in NC, understanding this distinction can be fundamental to formulating an effective defense strategy. The difference is not merely academic. It is the line that separates a “thought crime” from a felony conviction. This distinction rests primarily on two fundamental concepts. those being the required intent and the overt act.

A recent opinion from the North Carolina Court of Appeals, State v. Vaughn, COA24-1089, provides an example of why a trial court’s failure to properly instruct a jury on these concepts may constitute reversible, prejudicial error. The case serves as a reminder that when the State seeks to convict a person of an attempt to commit a crime, the prosecution must prove a mental state more demanding than that required for the completed underlying offense.

May 28, 2025

After a Dismissal: What Happens If You’re Charged With a Sex Offense But Not Convicted in North Carolina?

by Carolina Attorneys

Being charged with a sex offense in North Carolina, regardless of whether there is a dismissal, can have long-term legal and personal consequences. While the formal legal obligations that apply after a conviction, such as sex offender registration or satellite-based monitoring, do not automatically attach to a pending charge, there are circumstances in which an arrest or charge alone can affect a defendant’s rights, freedom, and access to legal relief.

This post examines what happens when someone is charged with a registrable sex offense in North Carolina but is not convicted at trial or the state files a voluntary dismissal. It explains the legal significance of the charge, how it may affect pretrial release and eligibility for things like firearm rights restoration, expunction, or registration termination. It also addresses the broader consequences that can arise even when a charge is later dismissed or results in acquittal.

If you’ve been charged with a serious offense in Mecklenburg, Union, Gaston, Iredell, or Lincoln County and need to understand what that might mean for your future, call or TEXT Powers Law Firm at 704-342-4357 to see whether we’re available to assist.

May 21, 2025

Who Has to Register as a Sex Offender in North Carolina—and for How Long?

by Carolina Attorneys

In North Carolina, the legal obligation to register as a sex offender does not apply to every offense that involves sexual behavior. Instead, the state defines a specific group of criminal convictions, called “reportable convictions,” that trigger mandatory registration. Understanding who must register, how the law defines qualifying offenses, and how long those obligations last is essential for anyone facing charges that might carry these consequences.

This post explains the legal framework for sex offender registration in North Carolina, including how reportable convictions are defined, how aggravated status or recidivism affects the rules, and how long a person remains on the registry after registration. It also addresses related factors such as offense dates, eligibility for termination, and legal distinctions between standard and aggravated registration programs.

If you’re facing serious criminal charges in Mecklenburg, Union, Iredell, Gaston, or Lincoln County, and need to understand what’s at stake, call or TEXT Powers Law Firm at 704-342-4357. We may be available to assist.

May 3, 2025

The Exclusionary Rule and How It Shapes Criminal Procedure in North Carolina

by Carolina Attorneys

The exclusionary rule is a foundational principle in American criminal law. While it traces its origins to federal constitutional doctrine, it now plays a central role in everyday trial practice, including in state courtrooms across North Carolina. The rule is most often encountered through motions to suppress evidence, but its reach extends further, sometimes forming the basis for a motion to dismiss when the taint of unlawful police conduct affects more than a single piece of evidence. To understand why the rule exists and how it functions, it helps to examine both its historical roots and its practical application today.

Though courts often describe the exclusionary rule as a remedy, its function is broader than that. It reflects an institutional decision to draw a line between the conduct of law enforcement and the integrity of the courts. It limits what the State may use to prosecute someone when a constitutional violation has occurred. And while it can lead to the suppression of important or even decisive evidence, the logic behind the rule rests on the idea that constitutional limits on police conduct are only meaningful if they carry enforceable consequences.

The Exclusionary Rule in Constitutional and Historical Context

April 30, 2025

Felony Death by Vehicle vs. Second-Degree Murder in North Carolina

by Carolina Attorneys

When a fatal collision occurs on North Carolina’s roads, the legal system doesn’t apply a one-size-fits-all response. In cases involving loss of life, prosecutors may consider a range of charges depending on the circumstances. Two of the most serious offenses are Felony Death by Vehicle and Second-Degree Murder.

While both carry the weight of a felony conviction and serious sentencing exposure, they are grounded in different legal theories and involve distinct statutory frameworks.

This article examines how these charges are defined under North Carolina law, what legal elements separate them, and why the difference matters—not just to lawyers and judges, but to anyone trying to understand how the state treats fatal driving cases.