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There are rules that law enforcement must adhere to whenever they search a person or property. One of the steps outlined in these rules is properly serving a warrant. Here is a brief overview of what this means – and what you should do during this process. What does “serving” a search warrant mean? There are two critical steps to serving a search warrant. According to North Carolina law: The police must read you the details of the search warrant The police must also provide a copy of the search warrant for you These steps are necessary before the police begin the search. Of course, there are some exceptions. The police may be able to enter the premises without announcing themselves or serving the warrant immediately if they believe someone’s life is in danger or another emergency is occurring. What should you look for in the warrant? While reading the warrant and providing a copy might be necessary, it can still be difficult for individuals to process the information included in the warrant. After all, police showing up at your door to conduct a search can be an incredibly stressful situation. It is critical to note that a search warrant generally should include the following information: The probable cause that led to the search, or the crime suspected The locations to be searched, and the items the police are looking for The time frame in which this search must occur As we have discussed in previous blog posts, it is important to remember that all of the information on the warrant must be correct for it to be valid. This includes the spelling of your name and your address. You should not be left in the dark when a search occurs. From the warrant, you should understand what police are looking for as well as why they are conducting a search in the first place. It is critical to understand the elements of a search, as well as your rights under the Fourth Amendment of the Constitution. However, if you are the subject of a search, it is important to seek legal guidance to protect yourself.

Does the time of year influence the risk of criminal charges? Research seems to indicate that it might. With warmer weather on the way for the next few months, it may help to be aware of these particular risks. What are the statistics for summer criminal charges? Reports indicate that not all types of crimes increase during the summer. In the last few years, many sources found that it is usually violent crimes that tend to increase around this time of year. According to ABC 11 in Raleigh, many of the violent offenses that become more common in the summer include: Gun crimes and weapons offenses Robberies and property crimes Assaults With recent statistics showing an increase in these offenses during the summer, it is highly likely that law enforcement will increase their presence around North Carolina in response. Why do these crimes increase this time of year? Is there a reason behind the increase in violent crimes during the summer? While every case is different, there could be a few contributing factors to the rate of these crimes, including: Alcohol: The activities that many people engage in during the summer, such as barbecues or festivals, often involve alcohol. It is common knowledge that drinking alcohol can affect one’s ability to make decisions and even make individuals more volatile. Juvenile crime: The summer months also frequently bring an increase in juvenile crime. Teens are out of school with a lot of time on their hands. The increase in violent crimes during the summer is not always separate from the upticks in juvenile crime either, with many violent crimes involving minors. Weather: Global research has found that weather can have a profound impact on your mood and behavior. When the temperatures rise, tempers do too. This could, in some cases, contribute to the rise of violent crime as well. Regardless of the reason or circumstances behind the criminal charges you might face this time of year, it is essential to defend yourself and your rights.

Sending a child off to college is worrisome enough. Parents hope their children will make good choices and stay out of trouble. Yet, a college campus can be rife with peer pressure and stress. The combination of these factors can lead students to seek ways to take the edge off – and make mistakes. In the last few years, drug use has become more common on campuses nationwide. So, what should parents know? Increase in drug use among students Alcohol is generally the most common substance college students use. They are away from home for the first time, with many weekend parties around them. Many of them are also nearing the legal drinking age of 21. There are specific risks surrounding alcohol use in college, however, drug use has become a much larger problem as well. According to the National Institute on Drug Abuse, 2021 saw the highest rates of drug use among college-age students – particularly marijuana and hallucinogens. The escalated risk of drug charges An increased rate of drug use could also mean an increased risk of facing drug charges. As we have discussed in previous blog posts, drug charges at the state level can quickly lead to federal drug charges, depending on the circumstances. Criminal charges at the federal level often involve steeper penalties. There are often challenges on campus too In addition to the risk of state and federal criminal charges, institutions of higher education also reserve the ability to discipline students for violating codes of student conduct. For example, the University of North Carolina Pembroke’s policy on alcohol and drugs specifically states that: Students might be suspended or dismissed if they are under the influence in school The university can take disciplinary action against students Facing drug charges is no small matter, especially for students. Parents of college students should be aware of the risks and the options they have to defend their child’s future against mistakes like this.

Many people do not go a day without scrolling through social media. Whether they make a post to share their thoughts or peruse other pages, social media use is a commonplace, everyday occurrence. Social media plays a significant role in our daily lives – but it is also playing an increasing part in criminal cases. How does this role work, and what are the risks of social media if you face criminal charges? Posts can count as evidence We have discussed some of the risks social media can pose in criminal cases in a previous blog post. As that post states, one of the biggest risks is that social media posts could serve as evidence against individuals facing criminal charges. For example, North Carolina police and prosecutors can use social media posts that: Talk about a crime Threaten a crime or other illegal activity Include photos that place someone at the scene of the crime Have evidence in posted photos, such as weapons or drug paraphernalia These posts could provide circumstantial or hard evidence of criminal activity. For example, many young people are participating in the so-called, “Kia Challenge,” which promotes vehicle thefts across social media platforms like TikTok. These young people see this challenge and then post videos of themselves committing the thefts, which is evidence of a crime. However, even if an individual took a photo of themselves within a stolen vehicle, it could be used as circumstantial evidence involving them in the crime. Prosecutors could use any of these types of posts against individuals. This role is not new In 2012, CNN reported that police frequently used social media posts as evidence in criminal cases. Both back then and now, it is not uncommon for police to: Search defendants’ social media after an arrest Investigate, or mine, social media for posts indicating criminal activity Social media may exist on a digital plane, but it creates a very real risk. Individuals must understand how anything they post on social media could affect them, especially if they face criminal charges.

There is no shortage of television programs that depict the process of criminal cases and investigations. It is a popular genre. Of course, programs meant for entertainment do not delve into the details of what a criminal investigation entails. Here is an overview of the basic, critical facts to know about the process of an investigation. How does an investigation start? There are many ways an investigation could begin. The two most common ways generally include: A report: If someone witnesses or suspects a crime, then reports it to North Carolina police, it is common for an investigation to ensue. For example, if an accountant at a company notices issues with funds, reports their suspicions to the police and provides probable cause, it could start a fraud investigation. A report may also take the form of a call to 911 or an anonymous tip. Police witness: For example, if police see people fighting outside of a bar, then the investigation would technically begin when they see the behavior. Some people might not be aware that they are under investigation, especially in the beginning. The first hint may be if the police wish to question you or the people around you. Collecting evidence is the main goal The primary purpose of investigations is to collect all of the relevant evidence. The most important factor of this process that you must know is the likelihood of a search. Searches are one of the main ways police gather evidence that the prosecution can use against you in court. It is critical to understand your rights under the Fourth Amendment of the U.S. Constitution which protects you from illegal searches. Always ask to see the search warrant, and know what to expect, so you can protect those rights. What about federal cases? As we have discussed in previous blogs, investigations at the state level may quickly lead to federal charges, especially cases involving white-collar crimes, computer crimes or drug crimes. The investigation process is similar at both the state and federal levels. However, one of the key differences is the parties involved. Government agencies will be involved in federal investigations, such as federal prosecutors, the Federal Bureau of Investigation (FBI) or the Drug Enforcement Administration (DEA). There are many details that go into a criminal investigation, whether at the state or federal level. It is important to be aware of how they work in order to defend yourself against criminal charges.

The first concern people have if facing criminal charges is usually whether or not they will go to jail. However, criminal charges can have many more far-reaching effects than the risk of jail time. It is commonly known, as the Office of Justice Programs noted in 2016, that a criminal conviction could impact someone’s ability to vote in local and national elections, and even own a firearm. What about a criminal charge? How can a charge on your record affect your life and future? There are four overarching aspects of your life that a criminal charge could impact: Your personal life Unfortunately, there remains a stigma surrounding even arrests and criminal charges – regardless of a conviction. A charge on your record could impact relationships with certain members of your family and friends. It could potentially impact your ability to see your children as well. For example, if you face a divorce and must determine a child custody arrangement, North Carolina courts may consider your criminal record and how it might affect the child’s best interests. Your professional life Employers can consider your criminal background during the hiring process. While potential employers cannot ask about an expunged record, they frequently conduct background checks that will include criminal history. However, they walk a fine line when evaluating potential employees, according to the Equal Employment Opportunity Commission (EEOC). They cannot engage in discrimination, and they must consider the relevance of the particular charge regarding the job duties when making a decision. Your finances If a criminal charge impacts job opportunities, it can also directly impact your finances. This can have a wide range of consequences, the least of which is the ability to pay bills. A criminal charge on your record can also hinder your ability to obtain a loan if necessary. Your health The Office of Justice Programs also notes that a criminal charge can significantly affect your quality of life. As a criminal record can impact nearly every aspect of your life, it can also impact your mental health and well-being. Many people who faced criminal charges may feel shame and guilt. These feelings only escalate if they struggle to maintain personal relationships and obtain a job. As a result, it is not uncommon for individuals to develop conditions such as: Anxiety Depression Post-traumatic stress disorder (PTSD) It is important to note that your mental health can directly affect your physical health too. These effects can change the trajectory of your life – and everything you had planned for the future. That is why it is important to take action as soon as possible when facing criminal charges to defend your rights.

You face a charge of “driving while impaired,” but you were not actually driving your vehicle. You may wonder: is that even possible? The short answer is yes, it is. The definition of “driving” under North Carolina law is an important distinction to make if you face charges. One question to ask yourself: Were you in control of the vehicle? The question to ask is not only was someone actually driving while impaired. The law also considers it against the law if there was a risk or chance of someone driving while impaired. How does that risk come about? Essentially, if someone gets behind the wheel, the assumption is that they are in control of the vehicle. In other words, if someone operated or could have operated a vehicle under the influence, then the risk of DWI charges exists. As we discussed in a previous blog post, that is why there is a risk of facing DWI charges even if someone chooses to sleep it off in their car. Even if they have no intention of driving, sitting in the driver’s seat with alcohol in their system increases the chance of a drunk driving charge. So, when exactly are you in control of the vehicle? North Carolina law specifically states that “driver” and “operator” mean the same thing. Both of these terms under the law indicate that someone is in “actual physical control of a vehicle” that is: Moving Has the engine running The law on impaired driving also states that driving – or operating – a vehicle in any public area could put someone at risk of a DWI charge, including a public parking lot. Therefore, even if you are parked on the street or in a public parking space with the engine running, you could still face a DWI charge. It is important to know that there are still ways to defend yourself against DWI charges of any kind. However, you must act quickly to protect your rights.

If your child faces drunk driving charges, you could be reeling with worry. Suddenly their plans for college and their future are in jeopardy. As a parent, you wish to protect your children. So, you may wonder what you can do to handle this danger. Can you make it disappear? Here are a few critical things to know. First, zero-tolerance increases the risk of a criminal record As everyone knows, driving while impaired by alcohol is against the law. However, merely consuming alcohol is against the law for anyone under the age of 21. Therefore, North Carolina has a zero-tolerance stance when it comes to underage DWIs. According to the North Carolina Department of Public Safety, even the smell of alcohol on a teenager’s breath could lead to an arrest. This zero-tolerance policy increases the risk of DWI charges on your child’s record, should they face such a situation. So, what about your child’s record? With the risks of DWI charges so high for your child, it is natural that you want to do what you can to prevent a conviction on their record – and, in turn, prevent it from affecting their goals and future plans. There are two things to know regarding your child’s record: Is their record sealed? Juvenile records are generally confidential. However, DWI convictions often have a double effect, appearing on both a criminal record and a driving record. A DWI stays on an individual’s driving record for seven to ten years. Even if a juvenile record is confidential, the driving record is usually accessible. On the other hand, if your child already turned 18, this offense would not be on a juvenile record, and therefore not sealed. Can you clear the conviction from their record? DWI convictions are not eligible for expunction from a criminal record in North Carolina. This conviction remains on one’s criminal record unless courts find them not guilty of drunk driving or they get the charge dismissed. A DWI could stay on your child’s record, impacting their future opportunities for years to come. For example, in the immediate future, they may face significant challenges when applying for college. Higher education institutions frequently reject applicants with a DWI on their records. This is not intended to frighten parents or their children. However, it is important to understand how critical it is to seek experienced defense as soon as possible and fight these charges.

As we have discussed in previous blog posts, it does not take much for criminal charges – and penalties – to escalate. There are many details that investigators and prosecutors alike consider in a criminal case. Aggravating factors, or factors that influence the severity of the crime and consequences, play a large role in charging and sentencing individuals. However, these factors pose a much larger risk than many think. Aggravating factors could mean federal charges North Carolina law outlines several aggravating factors that can increase the severity of penalties for criminal convictions. Such factors include, but are not limited to: Acting in the role of “leader” in a criminal activity Receiving payment to commit a criminal offense The age of the victim, and the severity of their injuries The use of a deadly weapon However, there are many cases where the addition of aggravating factors could turn criminal charges into federal crimes. In these situations, other kinds of aggravating factors may come into play, such as the lack of remorse or even the location of the crime. For example, someone facing assault charges in North Carolina could find themselves facing federal charges for the offense if it was against a federal employee or law enforcement officer, and involved a deadly weapon that resulted in severe injuries. Prosecutors have to prove it The prosecution – in both state and federal courts – has the burden of proof in these cases. This means that they must prove aggravating factors exist. This is why it is critical to counter their efforts and obtain experienced defense. The risk of federal charges is serious, and it is critical to understand all of the factors that affect that risk and take them seriously.

You may already know that facing any kind of firearm charge is serious. Such charges could affect every aspect of your life, and leave you facing considerable penalties. So, what should you know about the details of these kinds of charges and the potential risks they pose? Three elements to understand about gun charges To understand the risk of gun charges, you must understand a few other critical elements, including: Risk starts from purchase: North Carolina and federal laws outline very specific procedures to purchase a gun. You must adhere to these requirements to avoid serious issues. This will require obtaining a permit and following proper processes to obtain a handgun from a licensed dealer. Failing to follow these processes could result in serious charges. There are many different charges: From carrying a gun without a permit to firing one to incite fear or harm, there is a variety of gun charges. This variety also comes into play with other criminal charges that can become worse if they involve the use of a gun. They may be a separate charge – such as armed robbery – but the consequences can increase significantly when a gun is involved. There are nuances: As we have discussed in previous blog posts, your surroundings can impact the severity of gun charges as well. Possessing a gun in an area where alcohol is sold, on school property or in a location that specifically bans firearms could lead to severe criminal charges – even if you have a permit to carry the gun. It is critical to note that there are several other nuances included in gun laws that can affect the risk of charges as well. The Second Amendment of the United States Constitution may protect the right to carry a gun. However, you must carefully adhere to the laws regulating guns and know the three elements listed above in order to employ this right. What are the consequences? A wide range of charges means a wide range of penalties. In North Carolina, violations of gun laws can lead to misdemeanor or felony charges depending on the circumstances of the situation. This is why it is critical to: Ensure you follow the procedures and rules of law when obtaining a gun Fully understand your rights regarding gun ownership Know and carefully adhere to the rules of gun use Understanding the extent of the risks and your rights in these cases can help you to avoid these charges and protect yourself.

You do have the right to remain silent when North Carolina police detain or question you. However, as we have discussed in previous blog posts, you must invoke this right. Staying silent during questioning will not automatically invoke these rights. So, what should you do? First, understand them The better you understand the rights you have, the better you can protect them – and yourself. Every U.S. resident should know the rights they have under the Fifth Amendment of the Constitution, particularly: Protection against self-incrimination, or your right to remain silent The right to consult an attorney, as well as have a representative present during an interrogation These rights are some of the most important lines of defense if you face the risk of criminal charges. Be clear about your invocation There is no special phrase to use in order to invoke your Miranda rights. You must simply be clear and state that you are doing so out loud. Do not leave any room for confusion. There are many ways to invoke this right, including: Explicitly saying you will exercise your Miranda rights Stating you will not speak or answer any questions Saying you wish to speak with an attorney In response, the police must stop all questioning and interrogation. What if you are innocent? It is tempting to defend yourself against false claims. This is especially true when police may ask questions that call your character into question. Even so, it is still a good idea to invoke your Miranda rights and remain silent. While the general rule states that you are “innocent until proven guilty,” it also remains true that “anything you say can and will be used against you.” Regardless of whether or not you broke the law, it is important to remember this. Exercising your right to remain silent and seeking legal representation is an effective way to protect your rights if you face arrest.

Recently, national news buzzed about the San Francisco police’s plan to use robots – and permit them to use deadly force in some cases. The public had serious concerns about this matter, which ultimately led to restrictions on police use of robots and a pause on the plan. However, this issue is not the only controversial, technological risk to individuals’ rights. North Carolina community pushback on gunshot detection Several Fayetteville residents have concerns about the local police’s contract with ShotSpotter, and the use of their technology to detect gunshots. According to Carolina Public Press, ShotSpotter uses acoustic sensors and artificial intelligence (AI) to detect and locate loud noises within a three-square mile area. The worries primarily center on: Violations of residents’ rights Violations of privacy Racial bias These worries are not unfounded. Studies found that AI algorithms created by humans can carry a bias that influences how the technology works. Additionally, many institutions, including Stanford University, highlight the risks of misuse and overuse of AI. Even so, the most immediate risk of such matters is the increased risk of facing criminal charges. What are the risks? In most cases, the discharge of a firearm is a felony in North Carolina. Simply firing a weapon in certain occupied areas could result in a Class D or E felony, which could lead to up to 160 months of jail time and serious fines. The presence of an AI-generated detection system could increase the risk of facing such charges. Additionally, what happens if the “loud noise” detected by the system is not, in fact, a gunshot? The police could still appear at your doorstep. In most cases, the police will still need a warrant to search your property. Even so, the use of AI systems could still put your rights in jeopardy. To prevent this, it is crucial to proactively and fully understand your rights under the Constitution and North Carolina law.