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The internet may open up a world of opportunity, but it also opens individuals up to risk. The rise of social media in particular has introduced unique concerns. In a recent blog post, we discussed the risks of criminal charges linked to social media use. It seems that risk is on the rise – and not just for teens and young adults. Report: Surveillance is increasing on social media The Washington Post reported that the Federal Bureau of Investigation (FBI) invested nearly $27 million with contractors to monitor social media sites. These include a wide range of the most popular sites, including TikTok, Twitter, Facebook, Instagram, Reddit, YouTube as well as the dark web. According to the report, this surveillance would include: Real-time monitoring of posts Translations of posts in other languages Cellphone location data Keyword tracking Predictive analytics Many individuals and organizations see this increase as a risk to individuals’ rights. For example, the report pointed out the risk of translation services misinterpreting a post leading to false accusations. Even so, the risk of individuals facing very real criminal charges could increase as well. Why is this something to be aware of? Most online surveillance is in response to terror threats. Therefore, many people might overlook this report. However, increased surveillance is also in response to other computer crimes, including, but not limited to: Drug sales and markets, which are progressively expanding online Cryptocurrency scams Traditional financial scams and fraud In particular, drug sales moved online because of opportunity – and the illusion of privacy. The global pandemic led even more people to turn to the internet to both buy and sell controlled substances. The internet is not nearly as private as it seems. Even if individuals adjust their privacy settings and use private browsers, they leave a digital footprint. Law enforcement can already obtain quite a bit of information about individuals online, but increased surveillance could put individuals at even more risk of facing criminal charges based on their online activity.

Not many people think twice before walking into a bar. However, alcohol plays a significant role in various types of crimes each year. This is partly because alcohol is strictly regulated. The other part is usually because the effects of alcohol can increase the risk of criminal activity. Both of these reasons influence why individuals should avoid possessing a firearm in the same area where they might be consuming alcohol. For one, it is illegal In North Carolina, it is against the law to carry a firearm or weapon on the same premises where alcohol is sold. This could include: Bars and restaurants Liquor stores Festivals or concerts A violation of this law is a Class 1 misdemeanor. This is one of the most severe classes, just under the Class A1 misdemeanor. Individuals could face up to 120 days in jail and a potentially hefty fine. What if you have a conceal and carry permit? The answer to this question depends heavily on the situation. If someone with a permit to legally carry a firearm goes to a restaurant that has no sign forbidding guns, then it is not a violation of the law. However, if the establishment or event specifically bans guns on the premises, then even individuals with a permit still cannot carry a firearm there. They will face the same penalties as an armed individual who does not have a permit. It is critical for individuals holding permits to understand the laws and the rules surrounding concealed handguns. Additionally, it always bears repeating that a criminal record can have a significant effect on one’s future. If an individual does face criminal charges in this type of situation, it could result in serious penalties and jeopardize their ability to own a firearm in the future. Alcohol simply increases the risk individuals face It is no secret that consuming alcohol impairs one’s judgment. That alone could increase the risk of individuals facing additional criminal charges as well, including assault charges. The presence of a weapon could be an aggravating factor that puts individuals even more at risk. Not many people might notice a concealed weapon. Even so, mixing weapons and alcohol can put individuals in a tough situation.

The police are at the door – and they have a search warrant. This is a stressful situation in any circumstance. However, once the door is open, the police cannot search just anywhere, wandering through your whole residence. The search warrant will tell you where the police are allowed to search. So, here are a few important things for you to know. First: What makes a search warrant valid? Under North Carolina law, a valid search warrant must meet specific conditions. A warrant must: Name the official who issued the warrant Include the date they issued the warrant List the names of officers the warrant addresses, or the officers allowed to conduct the search List the affidavits or testimonies given that led to the search or the probable cause for the search Designate where officers can search within reason Designate what items the officers are searching for, or what they can seize during the search There are other legal factors that can make a search warrant valid or invalid, but these are the critical details of which you should be aware. It is important to note that if the warrant includes errors of your personal information – such as a misspelled name or wrong address – or any of the factors listed above, then the warrant could be considered invalid. Review where – and what – police can search It is important to remember that you have the right to: Ask to see the warrant Be present for the search, but not intervene When reviewing the warrant, you should check the locations included. This will not only answer where the police can search but where they cannot as well. The locations must be specific. For example, if the warrant states police can search your vehicle, then they cannot search your whole house. The specific details of where police can search – and what they can seize – also come into play with technology. Usually, a warrant must specifically state that police can search or seize a computer or hard drive. The warrant cannot simply state that police can seize your “records.” This language is too broad. Even so, police can often seize other items not listed if it is an illegal substance or contraband item found in the area they searched. Your constitutional rights protect you from illegal or unjust searches. That is why it is critical to understand these details, so you can protect those rights if you or a loved one faces the risk of criminal charges.

It is common to hear about “three-strike rules.” If someone has three convictions on their criminal record, then they could face even more severe penalties. The ideas of these laws are common across the country, but they are different for each state. Technically, North Carolina has such a law, but it is known as the “habitual felon” law. Here is what you should know. What does the “habitual felon” law say? The law states that a habitual felon is someone who was convicted of or pled guilty to three felony offenses. In North Carolina, the habitual felon laws mean the penalties individuals might face increase significantly. The penalties depend on the specific charges an individual faces. However, the general rule is that the penalties in these cases: Multiply to match the sentence for a felony that is four classes higher than the underlying charge – or the charge individuals currently face Cannot surpass the penalties of a Class C felony This can be a complicated issue, especially since the rules may vary depending on the type of crime. For example, there are different rules for a violent habitual felon, pertaining only to violent crimes and repeated offenses of that nature. On top of that, there is a long list of felony classes that could influence how courts calculate the penalties for habitual felons. Considering the wide range of felony classes North Carolina’s felony classes range from Class A to Class I. There are several offenses included in each of those classes. Regarding the range of felony classes, here is how the habitual felon rules might work: An individual’s criminal record includes felony charges of possession of a controlled substance and possession of a firearm on school property, which are both Class I felonies. Now, they face another Class I conviction of drug possession. Per the habitual felon laws, the penalties would match those of a Class E felony. Understanding habitual felon laws can be helpful. However, it also highlights why it is critical to seek an experienced criminal defense attorney when facing any type of felony charges.

The evening news frequently covers stories about individuals facing criminal charges. They may report that state police arrested them on drug trafficking charges, and also note that the individual could face federal charges. There is a distinction between state and federal cases, and it is important to understand the real differences between them. 4 critical differences The differences between state and federal criminal cases can be significant at every step of the process. Some of the biggest differences to note include: The charges: Since state and federal laws often differ, so do the charges for violating those laws. Consider marijuana possession charges, for example. Many states – excluding North Carolina – have legalized marijuana use and possession. However, it is still illegal at the federal level. Regardless, the charges still vary considerably from the state to the federal level. In North Carolina, possessing one ounce of marijuana could result in misdemeanor charges, up to 45 days in jail and a fine of $1,000. On the federal level, possession of any amount of marijuana could result in misdemeanor charges, up to one year in prison and a fine of $1,000. The investigation: State bureaus, such as state agents or police officers investigate cases at the state level. Meanwhile, federal bureaus, such as the FBI and others, investigate federal crimes. The prosecution: In a federal case, a U.S. assistant attorney will prosecute the case on behalf of the government. In a state case, it is usually a district or city attorney who does this. The penalties: Generally, federal crimes are often considered more serious. Therefore, they often have more severe penalties, with longer prison sentences – often without parole – and harsher fines. For example, wire fraud is a federal offense that could result in up to 20 years in prison. The differences in the process of criminal cases generally boil down to the differences in state and federal laws. Note: You can face both state and federal charges It is critical to note that even though there are differences between state and federal charges and cases, some situations could result in an individual facing charges at both levels. Drug crimes and white-collar crimes often fall into this category, as they frequently violate both state and federal laws. Double jeopardy rules prevent someone from facing trial more than once for the same offense. However, these rules do not apply in state and federal matters, since state governments and the federal government are separate bodies.

Social media now plays a large role in everyday life. Forbes reports that on average, Americans spent nearly 1,300 hours on social media in 2020. This may not come as a surprise. Social media has become the main source of news and communication for many people. The risk surrounding social media is not a surprise to many people either. However, the risks do not only affect one’s mental health or finances – there is a risk of facing criminal charges as well. Online crime is on the rise Of course, criminal charges can result from online behavior or actions. The prevalence and definitions of cybercrimes are only increasing in a world dominated by technology. The connections social media offers, as well as the many platforms available, only add to that sharp increase. The rise in cybercrime has not gone unnoticed by the government. Investigative bureaus and police now have units devoted to studying and stopping cybercrime. Additionally, federal and state governments have passed laws addressing these issues. For example, North Carolina is one of the few states which passed laws that made cyberbullying a crime. Individuals could face misdemeanor charges for bullying, harassing or stalking a minor online. What are the other risks of social media? However, cyber activity is not the only thing that could lead someone to face criminal charges in the real world. It could also affect the chain of evidence in a criminal case. Data or social media activity could provide condemning evidence, such as: Incriminating messages and pictures GPS location tracking Physiological tracking through fitness apps Actual posts on social media For example, recent TikTok challenges and posts are leading several students across the nation to face criminal charges. The so-called “devious lick” challenge involved individuals filming and posting videos of themselves vandalizing and stealing items from school property, parks or private properties. Students are only facing criminal charges because of what they posted on social media of their own volition. The devious lick challenge seems to have lost steam in the last few months, with TikTok taking action against the posts. Even so, it will likely not be the last of such challenges. Parents: Take note One of the primary issues in these cases is that younger children and students do not fully comprehend the consequences of their actions. They do not consider the fact that following a trend and participating in a challenge on the internet could lead to very real criminal charges. It is especially important for North Carolina parents to be aware of their children’s online activity to protect them. Ensuring they understand the risks social media carries can help keep them – and their futures – safe.

Evidence is at the center of any criminal case. Some forms are considered reliable, such as DNA evidence or ballistics. Meanwhile, other forms have come into question, such as eyewitness testimonies. According to recent reports and movements, another heavily used form of evidence is under fire as well. First: Remember you are “innocent until proven guilty” You have likely heard that when facing criminal charges, you are “innocent until proven guilty.” This means that the burden is on the government to prove someone is guilty of a crime beyond a reasonable doubt. It is not up to the individual facing charges to prove their innocence. This is one of the reasons why evidence plays such a large role in criminal cases. What kind of evidence influences criminal cases? There are many types of evidence permitted in criminal cases, including, but not limited to: Eyewitness testimony Physical evidence from crime scenes Physical evidence from legal searches Test results or documentary evidence Another common form of evidence includes expert testimony. An expert witness could be a medical professional or a blood-spatter analyst who can provide testimony related to a particular aspect of a criminal case. It is common to see this kind of testimony in films or television programs when prosecutors call doctors to the stand. However, it has been up for debate for many years. What are the issues surrounding expert witnesses? Over the years, the role – and effect – of expert testimony has come into question. Reuters reports that issues and errors in forensic sciences, and the experts reporting about them, can increase the risk of false convictions and wrongful imprisonment. That is why there is a new proposal to amend the Federal Rules of Evidence to ensure a party must prove expert testimony is admissible – or relevant to the case – just like any other type of evidence they bring before the court. This debate has a long history, and there are questions about whether this proposal will make a significant difference in criminal cases. For the time being, expert witnesses will likely continue to play a role in certain cases. This is just one of the reasons why it is important for individuals facing criminal charges to get experienced defense on their side.

As we discussed in the last blog post, interactions with police can be stressful, especially considering that police do not necessarily have to tell the truth in certain situations. However, what about from your perspective? What should you do if you must interact with the police? Here are some critical tips to remember. 1. Use your right to remain silent “You have the right to remain silent” is a common enough phrase to hear, but it bears repeating – and remembering. Police may not have to inform you of your Miranda rights, or your rights under the Fifth Amendment of the Constitution unless you are: Under arrest In police custody Under interrogation Even so, you still have the right to remain silent. This is a critical right to protect you against self-incrimination. Additionally, North Carolina does not have a “stop and identify” statute. This means that you do not even have to provide your name or identification if the police stop you on the street. This does not apply to a traffic stop, where you may have to provide your license. However, you have the right to remain silent and politely refuse to answer questions in both of these situations. 2. Remember one question While you should state that you wish to remain silent and adhere to that, there is one question you should remember to ask: “Am I being detained?” As National Public Radio highlighted in 2020, this is an important question if the police stop you, whether you are on the street or in your car. If the answer is no, you have every right to stop the interaction and leave. 3. Being civil is the best route Remaining civil can seem difficult in situations involving police. This is especially true if: The police ask demanding and aggressive questions You are angry and scared You did not do anything wrong However, acting aggressively in return can make the interaction last longer than it needs to – which could put you at risk. In certain situations, it could even lead to being detained or arrested. Therefore, staying civil throughout the interaction is important to protect yourself.

It often seems that felonies are more serious than misdemeanors. Many people think this is true, especially since misdemeanor charges do not always involve jail time. While misdemeanors may have less severe penalties than felonies, that does not mean they are not serious. Individuals should not underestimate the risks of facing misdemeanor charges. Misdemeanors still pose a threat Like felonies, North Carolina law divides misdemeanors into categories called classes. There are four classes: Class A1, which are the most serious, and include stalking and child abuse Class 1, which includes assault and battery or larceny Class 2, which includes charges of disorderly conduct or hazing Class 3, which includes charges such as shoplifting or violating court orders The penalties for a Class 3 misdemeanor – the class often with the lesser penalties – could have consequences ranging from up to 30 days of community service to the maximum sentence of paying a $200 fine and spending 30 days in jail. Prior convictions on one’s criminal record also influence the penalties of these charges, regardless of the class. Therefore, misdemeanors are not often as minor as many people might think. Less severe penalties, same effects The criminal penalties individuals face for a misdemeanor charge vary, but overall, they may seem less severe than a felony. However, the long-term effects of both misdemeanors and felonies often feel the same. A conviction still ends up on one’s criminal record, which can cause serious challenges in the future, including: Losing job opportunities Suspended driver’s licenses Less housing opportunities The risk of deportation In fact, a 2014 article highlights the challenges one man faced with a misdemeanor charge on his record, and the obstacles he still faces today. Any criminal charge could seriously impact one’s life and future. Therefore, any criminal charge must be taken seriously.

Any interaction with North Carolina police can be stressful – and risky. They ask demanding questions and may even accuse you of violating the law or committing a crime you did not. The risk involved in these interactions becomes even more clear when you wonder: is it possible for the police to lie to you? The myth: Police cannot lie It is a common myth that police officers cannot or do not lie to suspects. In fact, legal precedent even allows police to engage in certain forms of deception. The American Psychological Association (APA) reports specific examples that police frequently use, including: Stating that a suspected accomplice confessed when they did not Claiming they found fingerprints or DNA evidence at the crime scene Insisting they have other evidence, such as photographs or videos of the crime The APA notes there are specific limits to these tactics. For example, a deceptive tactic cannot undermine your rights, such as the protection against self-incrimination. When is it most common for police to use deception? Most officers use deceptive tactics in the interrogation room to try and obtain a confession. There are still rules police officers must follow in these situations, but as mentioned above, police can often still lie in certain instances. It is critical to note that false representation or lying is explicitly not allowed in the event of a search. Whether police claim they have a warrant when they do not, or if they are not straightforward about what they are searching for, it is a violation of your rights. Both of these situations would mean they conducted an illegal search. Remember your rights The most important thing to take away is to make sure you understand and take advantage of your rights. You may not be able to determine if an officer is lying or not. However, you can ensure you: Clearly state you will remain silent Politely say you would like a lawyer present In the event of a search, ask to see the warrant Protecting your rights is paramount in any interaction with the police.

Welcoming the holidays means seeing family, exchanging gifts and enjoying plenty of food and drink. Those drinks are frequently alcoholic as well. It is no secret that many people drink more alcohol around the holidays. A 2018 study found that individuals drink double the amount of alcohol around the holidays than they do year-round. However, the increase in drinking has a direct correlation with an increase in drunk driving. Law enforcement knows this, which is why individuals must be aware this holiday season. More alcohol flowing means more enforcement Each year, North Carolina launches the “Booze It and Lose It” campaign around the holiday season. According to the North Carolina Department of Transportation (NCDOT), this anti-drunk driving campaign is one of the most effective in the nation. But what does that mean for drivers this holiday season? It generally means they will face: A sharp increase in DUI checkpoints Increased law enforcement on the roads This campaign generally stretches from mid-December, before Christmas, to a few days after New Year’s. Celebrating? Be on your guard. As the holiday season approaches, it is critical to be aware of this risk and prepare – so you can avoid the serious consequences that could come with a DUI charge. It is particularly important to: Plan ahead: As many online sources say, if you plan to drink at holiday parties or get-togethers, you should take time to plan ahead. Arrange a sober driver or plan to use a rideshare service to get home. Understand how checkpoints work: Even if you plan ahead, it is still a good idea to prepare and learn how checkpoints work. For example, while it is not an ordinary traffic stop, you should still only stick to basic information when speaking to the police. Know your rights: It is always critical to make sure you understand your rights in the event of a traffic stop – and especially in the event of an arrest. Take advantage of your Miranda rights to protect yourself in these situations. The risk of a DUI should not overshadow your holiday. That is why it is important to be proactive and protect your rights.

When people think of wire fraud, they often think of phishing scams or phone call schemes. However, picking up the phone is not the only way someone could end up facing charges. The definition of wire fraud covers much more ground than that nowadays. So, what does it encompass? Many things could qualify as wire fraud Wire fraud must involve obtaining payments or someone else’s financial information through deceptive, digital means. That fact does not change. However, what does change is the means of communication or wiring. Charges of wire fraud could stem from any fraudulent actions or transactions that take place over: Email Phone calls Text messaging Social media messages In the increasingly digital world that we live in today, the wide range of situations and actions wire fraud could involve poses a serious risk. Note: Intent is still necessary Of course, operating on these platforms is not the only risk of facing wire fraud. There are many other factors that prosecutors must prove to charge and convict someone of wire fraud charges. Particularly, they must prove that someone had the intent to commit fraud. Even so, being aware of the variety of actions and details that could lead to charges is critical. What are the other risks? Allegations of wire fraud could lead to other risks as well. There are two specific issues that individuals should be aware of in these cases: Wire fraud is a federal crime since wiring money often crosses state lines. Therefore, individuals could face both state and federal charges. Charges of wire fraud can often involve other charges as well, such as internet fraud, which could compound the charges and consequences individuals face. These are already very serious charges that should not be taken lightly. That is why it is critical to be aware of all of the risks involved. That way, you can protect yourself against them.