If you’re visiting or living in the Outer Banks of North Carolina and are charged with DUI, you need to know what comes next. This blog post will outline the basics of DUI law in North Carolina and what you can expect if you’re convicted of driving under the influence.…
North Carolina Criminal Law Updates
Should you Blow or Refuse?
If you are pulled over and asked to take a breath test, what should you do? Blow into the machine or refuse? In this blog post, we will discuss some of the consequences of both choices. We will also talk about how to handle yourself if you are arrested…
How to Choose a Lawyer for Driving While Impaired Charges
If you are facing driving while impaired charges on the Outer Banks, it is important to choose a lawyer who understands the complexities of these cases. You need someone who can help you navigate the legal process, answer questions, and who has a proven track record for helping people. In…
Criminal Charges on a Beach: What to Know about OBX Crimes
The Outer Banks is a great place to visit with its beautiful beaches, breathtaking views of the ocean, and plenty of activities. Visitors come from all over the world for their vacation on this pristine beach. But sometimes visitors can get in trouble while they are there. In this article,…
Assault Charges in NC: What is Assault?
When can the State bring Assault Charges? Whether it’s a charge for assault with deadly weapon inflicting serious injury, simple assault, or even misdemeanor assault on a female, an “assault” is an essential element to such criminal allegations. That means, for the State to prove someone guilty beyond a…
What is the Doctrine of Recent Possession?
The Doctrine of Recent Possession in North Carolina can be a bit confusing. Generally, it refers to the possession of recently stolen property. Historically, in the United States, such possession and the “doctrine” may prove relevant to determining the mens rea or the “evil mind.” It is an inference of guilt, proving criminal conduct. Sometimes…
OBX DWI CHECKPOINTS
In a published decision dated December 31, 2020, the North Carolina Court of Appeals again weighs in on DWI checkpoints in North Carolina. State v. Cobb (North Carolina vs. Deshandra Cobb) sets forth the legal standards and considerations associated with roadblocks, sobriety checkpoints, and DWI checkpoints in North Carolina. The…
Character Evidence
What does “propensity to commit a crime” mean and when is 404(b) “Character Evidence” admissible in a trial for criminal allegations? The Rules of Evidence affect the disposition of civil causes of action, such as tort claims for accidents and personal injury matters, as well as criminal charges in North…
Why Careful Attention to Detail Matters in DUI
DUI charges in North Carolina can be incredibly complex at times. The consequences of a conviction may also be devastating, involving the possibility of revocation of your license, jail time, probation, costs of court, fines, and other penalties given the unique facts and circumstances of your case. Prior to doing…
Violation of Domestic Violence Protective Orders
A violation of a DVPO in North Carolina can carry serious consequences if you’re convicted. The North Carolina criminal laws classify such offenses as upper-level, more serious misdemeanors. Defense lawyers may refer to that as an A1 misdemeanor or an “aggravated misdemeanor.” It is separate and apart from a factor…