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A gun and a hammer judge

Use of the Justification Defense in a North Carolina Charge of Firearm Possession By a Felon

North Carolina law prohibits firearm possession by a person convicted of a felony. While federal courts and many other state courts recognize justification as a defense to this type of gun possession charge, North Carolina courts previously did not r… Read More
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Categories: Criminal Defense
A police officer holds the breath test machine for a suspect to blow into with a police car in the background.

Can You Refuse to Take a North Carolina DWI Breath or Blood Test?

The state laws that apply to charges for DWI (Driving While Impaired) in North Carolina are extremely complex.  One particular issue that frequently leads to questions relates to whether you can refuse to take a DWI breath or blood test.  The simpl… Read More
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Categories: Criminal Defense
North Carolina Police Arresting Man for DWI

Defending Against a North Carolina DWI Arrest

North Carolina DWI charges are serious matters. Regardless of whether you are a resident of the state or a visitor, the impact of a guilty plea or conviction can be substantial. In addition to the possible penalties, a DWI conviction on your record… Read More
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Categories: Criminal Defense
Photo of Cape Hatteras & Lighthouse - Assimilative Crimes Act

Federal Criminal Charges for State Law Violations Under the Assimilative Crimes Act

The United States government owns a number of wildlife refuges, parks, memorials, and military bases in northeastern North Carolina. If you commit a crime on any of this federally-owned property, a federal law called the Assimilative Crimes Act aut… Read More
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Categories: Criminal Defense
North Carolina DWI Check Point

Understanding North Carolina DWI Laws and Penalties

North Carolina residents and visitors who drive in the state need to be aware of the serious legal implications of operating a vehicle under the influence of drugs or alcohol. The applicable North Carolina law is called Impaired Driving. The charge… Read More
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Categories: Criminal Defense
Defense Attorney Researching Domestic Violence Protective Order Case

Defending Against a North Carolina Domestic Violence Protective Order / DVPO

If a North Carolina court issues a Domestic Violence Protective Order (DVPO) against you, the court order must be taken very seriously. Failing to comply with the order can result in criminal charges being filed against you. The proceedings may also… Read More
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North Carolina Learner Permits: Teens with car

How to Get — and Keep — a Learner Permit for a Teen Driver in North Carolina

The state legislature and Department of Transportation (NCDOT), through the Division of Motor Vehicles (NCDMV), regulate issuance of all driver licenses in North Carolina. Individuals over age 18 may apply for either a standard Driver License or stan… Read More
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Categories: Criminal Defense
Police K-9 in Patrol Car

Police Dog Drug Sniffs in Traffic Stops: New Time Limits

In April 2015, the United States Supreme Court made a decision that significantly changed the constitutional Fourth Amendment-based rules that apply to K9 drug searches — or police dog drug sniffs — conducted by police during a traffic stop. The… Read More
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Categories: Criminal Defense
Police Search at Car After Smelling Marijuana

Can North Carolina Police Lawfully Search a Car and the Occupants If They Smell the Odor of Marijuana Emanating from the Car?

Although more than half the states have legalized marijuana to some extent, marijuana possession is still illegal in North Carolina. Possession can result in felony or misdemeanor charges, depending on the amount. Penalties can include prison time an… Read More
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Categories: Criminal Defense

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