If you have assault charges in Raleigh, the allegations may involve simple assault or assault on a female or even assault with deadly weapon inflicting serious injury. Each of those types of criminal matters are comprised of “essential elements.” In order to prove someone guilty, the prosecutor must present evidence indicating…
For whatever reason, people nowadays seem to think not having a prior record entitles them to an automatic dismissal. While there may be options available to avoid a conviction if you have a clean record, you should not assume your charges will be dismissed as a matter of course. That…
The incidences of road rage and allegations of shooting into occupied vehicles have increased substantially in Raleigh and throughout North Carolina. Discharging a firearm or “barreled weapon,” as is described in North Carolina General Statute Chapter 14-34.1, is a felony criminal charge. That NC Criminal Law is interpreted by Courts in…
Everyone seems to have a passing familiarity with the attorney-client privilege and the secret nature of communications between someone facing allegations of criminal charges and their defense lawyer. That protection of confidentiality encourages the defendant, the person accused of a crime, to be honest with their lawyer. Honesty with legal counsel…
Warrants to Search either persons or property, consistent with the 4th Amendment, must be predicated on Probable Cause. Some limited authority exists for law enforcement to temporarily detain occupants of the premises to be searched subject to the warrant. Such detainment must be limited to the area where an occupant…
The laws regarding self-defense can be intricate, requiring careful consideration of the use of force, the amount of force, and reasonableness. A defendant determined to have been the aggressor in an affray or fight may regain the right of self-defense (right to use force, including deadly force) when placed in…
In layperson’s terms, “hearsay” is an out-of-court statement, made by a declarant (witness) who is not testifying in court, that is used to prove the truth or accuracy of the matter asserted. What is hearsay, and the many exceptions to the evidentiary rule about hearsay, is subject to a fair…
The legal basis to stop a vehicle often involves an analysis of reasonable suspicion or probable cause in North Carolina and may include “texting.” DWI defense lawyers, attorneys who handle drug charges in Raleigh, and even prosecutors are careful to analyze the alleged reasons law enforcement officers turn on the…
Attorneys in Raleigh and throughout North Carolina are deemed “essential personnel.” Indeed, criminal defense lawyers as officers of the court are essential to the administration of justice and day-to-day operations. The Wake County Courthouse remains open for certain types of pressing legal matters, including things like bond hearings, Chapter 50B…
It’s hard to ignore all the media reports about the Corona Virus and COVID-19. This time of year criminal lawyers in Raleigh are used to dealing with seasonal flu outbreaks. Frankly, juggling schedules and calendars is just part of the job. If clients have questions about whether to come to court,…