Blog / Criminal Defense

Blog

All Criminal Defense Personal Injury Car Accidents Firm News Wrongful Death Frasier & Griffin Service Court Fees

Violent Crime Is Rising In Raleigh & Durham

More police tape is showing up across Raleigh and Durham. Headlines report new shootings, assaults and arrests. That rise in violence is changing how cases move through the system. Officers act faster, prosecutors file charges sooner and the window to explain your side closes quickly. Raleigh reported 22% increase in homicides during the first quarter of 2025 compared to the same period in 2024. Durham also reported more aggravated assaults and sex offenses than in 2023. These alarming statistics are reshaping how the entire criminal justice system functions across North Carolina. What Happens When Prosecutors File Charges Faster When facing pressure to address rising crime rates, officers may feel pressure to arrest anyone loosely tied to the scene. In many cases, proximity alone leads to a charge, even without a clear link to the offense. Knowing the wrong person or being in the wrong place can still result in a serious accusation. Furthermore, prosecutors tend to respond to high-crime rates by filing charges more quickly and pushing for stronger penalties. As a result, bond amounts increase, particularly in cases involving firearms or serious injuries. This approach can affect everyone in the system. For instance, even first-time defendants may receive the same treatment as repeat offenders. Why Crime Rates in NC Are Affecting Your Legal Rights Rising violence shapes how the justice system operates. Judges assess risk more strictly, and prosecutors apply more pressure. The system may treat the same criminal charge much differently in areas with lower crime rates. These changes in how the system responds do not just play out in court. It begins the moment you are charged. You could lose your job, face court restrictions or fall behind on rent before your case even reaches trial. Understanding how crime rates influence the legal response helps you anticipate how the system reacts and what that means for your case. How to Protect Yourself if You’ve Been Arrested in Raleigh or Durham It is important to take steps to protect your rights after an arrest in Raleigh or Durham. First, remain calm and respectful during interactions with law enforcement, as this can help prevent further complications. Exercise your right to remain silent and avoid discussing details of your case until you have legal representation. Contact an attorney with experience in this area of law as soon as possible; they can provide guidance specific to your situation and help navigate the legal system effectively. Make sure to document everything related to your arrest, including the time, location, and any interactions with officers, as this information can be helpful when building your defense. If you’ve been arrested or charged, don’t wait. Call Frasier and Griffin today for a consultation. Your defense starts now.

What violent crime statistics in Wake County reveal

There are many types of crimes that occur in North Carolina. Young adults may get in trouble for shoplifting or experimenting with drugs. Adults can face a variety of criminal charges, with violent criminal charges often being the most serious. Those accused of injuring other people may face criminal charges. Not only do they have to worry about the penalties that the courts may impose, but they also have to consider the impact that a violent criminal record could have on everything from their employment to their housing options. Statistics about violent crime in North Carolina, specifically in Wake County, can help people understand law enforcement priorities and may play a role in the establishment of a criminal defense strategy. Wake County sees quite a bit of crime Wake County is home to a major airport and one of the biggest cities in the state. Wake County has relatively high crime rates when compared with much of the rest of the state. Both property offenses and violent crimes occur at a higher rate in Wake County than in most other counties. According to the North Carolina State Bureau of Investigation, Wake County saw many more arrests in 2023 than most other counties in North Carolina. There were 25,984 crimes reported. There were 46 murders reported in Wake County in 2023, as well as 264 rapes. Authorities also responded to 2,709 aggravated assault cases. Property crimes were also relatively common. There were 569 robberies, 2,668 burglaries and  16,947 larceny crimes reported in Wake County in 2023. Mecklenburg County was the only county with higher reported crime rates. In some cases, attempts to solve a crime might result in law enforcement professionals and prosecutors jumping to the wrong conclusion. Public pressure combined with job expectations can lead to professionals arresting and prosecuting the wrong party just to maintain high arrest and conviction rates. There are options available to those facing serious criminal charges. The best defense strategy depends on the nature of the offense and the evidence that the state intends to present in court. Reviewing crime statistics and the state's evidence with a skilled legal team can help criminal defendants plan a reasonable defense strategy based on the charges they’re facing.

How is fraud defined in North Carolina?

There are many ways for people in North Carolina to break the law. They could steal from other people or hurt them. They could decide to drive home after drinking with friends at a bar. Unlawful possession or distribution of drugs is also a criminal offense. Many people cannot even imagine intentionally stealing from others or harming them through physical violence. They may avoid drugs, impaired driving and other types of conduct that might open them up to criminal prosecution. However, even intelligent and ethical people sometimes find themselves accused of fraud. There are many different types of fraud prosecuted at the state level in North Carolina. There are also certain types of fraud, such as mortgage fraud and wire fraud, that could lead to federal criminal charges. People who understand how the state defines fraud can avoid conduct that could put them at risk of prosecution. What behaviors constitute fraud? North Carolina State statutes very clearly define fraud. Intentionally making a false statement about a material fact for the purposes of economic gain could lead to fraud charges. Fraud can also involve the intentional misrepresentation of material facts. Lying about personal financial circumstances to acquire a loan could constitute fraud. Misrepresenting a company's prospects when it is on the edge of bankruptcy to lure in investors could also constitute fraud. Even intentionally misrepresenting the state of a product for sale, such as a motor vehicle, by covering up defects with cosmetic repairs could constitute fraud. State-level fraud allegations can lead to Class 1 misdemeanor charges. However, if the goods or capital involved add up to more than $1,000, then the state could potentially pursue Class H felony charges. In some cases, people may face allegations of specific types of fraud that are more serious. Fraud involving interstate infrastructure, financial institutions or government entities could lead to federal charges. Health care fraud allegations could result from something as simple as separating bundled medical services to bill for each one separately. Lying about income and personal assets to secure a mortgage could lead to mortgage fraud charges. Anyone accused of a white-collar crime at the state or federal level may need help fighting back to avoid a conviction. Understanding how the state defines fraud can help people determine if the criminal charges they’re facing are appropriate and how to counter them effectively.

3 Things To Know About Sobriety Checkpoints

The last thing you want to see on the road ahead is a sobriety checkpoint. Even if you have not been drinking, it can be a stressful process. Here are three important details to understand regarding these checkpoints. 1. The police must follow the rules As we have mentioned in previous blog posts, the police must follow strict rules in many situations. Sobriety checkpoints are no exception. North Carolina law requires them to: Place checkpoints randomly, though they can be informed by drunk driving statistics Warn drivers of a checkpoint ahead Follow set policies or procedures they established ahead of time It is critical for drivers to understand the rules of a sobriety checkpoint as well. Then they will know what to expect, and understand if the police do not follow the rules. 2. You can turn around It is not against the law for you to turn around if you see a sign warning you of a checkpoint ahead. However, you must take extra care to: Do so safely Avoid violating traffic laws An illegal turn can give the police reason to pull you over – even outside of the checkpoint. So, while it is in your power to turn around, you must be aware of and avoid the risks involved. 3. Be prepared for an increase Historically, the number of checkpoints increases during the summer and around the holidays. This is because people are likely to drink in these situations. In turn, the risk of drunk driving increases. Law enforcement often increases the number of checkpoints to counter that. With Memorial Day barbecues and Fourth of July celebrations just around the corner, it is likely you will see more sobriety checkpoints arise across the state. You must be prepared, so you can protect yourself against the risk of potential DWI charges.

Can a state charge you with a DUI if your BAC is under the limit?

People get arrested every day in North Carolina for driving while impaired (DWI) offenses. In some of those cases, the state has chemical evidence showing that the driver was over the legal limit. Other times, a crash or poor driving might be the reason that police officers decide to arrest a motorist. Generally speaking, anyone who is over the legal limit for their blood alcohol concentration (BAC) is at risk of DWI charges. For most adults, that limit is 0.08%. It takes multiple drinks in a short amount of time to reach that high of a BAC. However, police officers may sometimes arrest people even after test results show that they are not over that limit. Can the state prosecute someone for a DWI if a chemical test did not show that they were over the limit? Yes, DWI prosecution is still possible Chemical test results on their own can be justification for DWI prosecution. Even drivers who seem totally sober can be at risk of charges if they fail a breath test. However, a failed breath test is not always necessary for a successful DWI case. The state can bring charges even in cases where people refuse chemical tests. State law also allows prosecutors to bring charges against commercial drivers who have a BAC above 0.04% and standard drivers with a BAC above 0.08%. The courts can consider secondary evidence in addition to the chemical test results when evaluating whether the defendant drove in an impaired state. Factors including performance on field sobriety tests and involvement in a crash could contribute to the state's case. Video footage secured by a police cruiser's dashboard camera could affirm allegations that the driver displayed impaired ability while on the road. Every person has different tolerance levels for alcohol based on factors ranging from their sex and weight to their medical condition. Simply achieving a test result under the legal limit is not necessarily enough to avoid DWI charges. Thankfully, a test under the limit gives a driver many opportunities to fight DWI charges. Reviewing the situation that led to an arrest can help a driver determine how to respond to drunk driving allegations. The right strategy can help a motorist avoid jail time, fines and a driver's license suspension.

When do the police have probable cause for drug-related searches?

Some police searches occur because the state already has evidence of criminal activity. If police officers have gathered information conducting a particular individual or location to criminal activity, they can go to a judge to request a warrant. That being said, many criminal cases develop spontaneously because of something that police officers notice in public locations. What they observe about a person's behavior may make the officer suspect them of criminal activities. Police officers might search an individual based on suspicion of illegal drug activity and might then arrest them accordingly. What gives a police officer probable cause to conduct a search without a warrant if they suspect someone of drug possession or a similar offense? The smell of drugs Many intoxicating substances have very distinct aromas. Police officers who have smelt burning crack cocaine or methamphetamine previously may know exactly what chemical they smell when they interact with someone who is under the influence or carrying a substance on their person. When police officers have an articulable suspicion based on a specific smell, they can potentially conduct a search to look for certain types of drugs. Signs of chemical intoxication Many possession offenses involve an individual possessing a drug by consuming it. When people are out in public and display clear signs of chemical intoxication, their behavior, speech or appearance may give police officers the probable cause they need to conduct a search looking for evidence of drug crimes. Signs of illicit transactions Sometimes, police officers witness two people handing off drugs and money to one another. In scenarios where officers witness a drug deal occur, they can potentially use the behavior they witnessed as a justification to search one or both of the parties involved in the alleged transaction. Probable cause typically means that a police officer can articulate their suspicions of a specific criminal violation, not just overall questionable behavior. Officers need to establish a reasonable explanation for why they stopped or searched an individual. Challenging a search that led to drug charges based on a lack of probable cause could be a workable defense strategy in some cases. The courts may exclude evidence obtained through misconduct or a violation of a defendant's civil rights.

Are domestic violence cases civil or criminal?

There are numerous ways that accusations of domestic violence could affect someone's life. If a spouse alleges that someone is abusive, the person accused may worry about ending up in court. Domestic violence accusations can carry a stigma that can follow someone for years if they do not respond appropriately. Defendants responding to accusations of domestic violence from a spouse, roommate or family member may feel a bit confused about what those allegations might mean. People accused of domestic violence typically have to prepare for court proceedings. Can domestic violence allegations lead to someone going to trial in criminal court or facing accusations of misconduct in civil court? Either court could hear domestic violence cases In North Carolina, state prosecutors do sometimes bring criminal charges against those accused of domestic violence. When there is evidence, such as witness testimony or medical records, affirming that someone engaged in violent conduct toward a spouse, state prosecutors may take action against an individual accused of domestic violence. In fact, the state can sometimes choose to press charges even when the alleged victim does not want to participate in the prosecution. The state can charge someone with a variety of offenses over allegations of domestic violence. Domestic violence itself is not a crime, but assault, battery, stalking and harassment are. Certain factors, like the use of a weapon or strangulation, can increase the chances of felony charges. A guilty plea or conviction might mean jail time, fines or probation for the defendant. That being said, sometimes domestic violence claims lead to civil court cases instead. Those who claim they need protection orders due to domestic violence file the paperwork seeking such orders in civil court. A judge then reviews the request and the evidence of the plaintiff to decide whether the situation justifies limiting the freedoms of the person accused. Domestic violence claims can also lead to family court. People may file for divorce or may seek to modify custody orders over issues with domestic violence. Understanding the potential consequences and the legal process ahead can benefit those accused of domestic violence in North Carolina. The appropriate response to those allegations depends on what type of legal matter arises and the details of the case.

Which foods and drinks can impact blood alcohol levels?

Small choices that someone makes throughout the day can affect their life in ways they can't reasonably foresee. For example, the foods and beverages that someone enjoys could directly lead to their prosecution for an impaired driving offense. Obviously, the consumption of a glass of wine, a cocktail or a beer can increase someone's blood alcohol concentration (BAC). The average adult can tolerate roughly one alcoholic beverage per hour without putting themselves at risk of drunk driving accusations. Depending on what else someone has consumed during the day, they may find that breath test results show that they are over the legal limit. + Eating proactively can lower someone's BAC One of the biggest mistakes people make when enjoying alcohol in a social setting is the failure to eat before consuming alcohol. Drinking on an empty stomach means that there's no food to delay the absorption of alcohol. People can go from sober to drunk relatively quickly on an empty stomach. Eating before drinking and while drinking can help reduce someone's BAC. Certain items can increase BAC People generally know when beverages contain alcohol, but there are certain drinks that they might enjoy without thinking about the consequences. Kombucha, for example, is a fermented beverage with a low level of alcohol. Especially when enjoying someone's homemade kombucha, there could be an unusually high amount of alcohol in the drink. Baked goods might have some alcohol left behind by the fermentation process of yeast. Some meals and desserts include alcohol as a key flavoring component. Often, these dishes involve baking or starting a fire to burn off the alcohol, but some of it may still be present when someone enjoys their meal. Additionally, it is worth noting that there are also certain medications and hygiene practices that could alter someone's BAC. Using an asthma inhaler right before getting pulled over might lead to a false positive on a breath test. Breath sprays, mouthwash and even some over-the-counter medications could also affect someone's BAC test results. Those who don't understand how they failed a breath test may need to look at alternate explanations as they prepare to fight impaired driving charges. Learning more about what can affect BAC testing may benefit those accused of drunk driving, accordingly.

Drug possession vs. drug distribution

When it comes to drug laws in North Carolina, understanding the difference between simple possession and intent to distribute is crucial. Whether you're in Raleigh, Durham, or anywhere else in the Tar Heel State, knowing these distinctions can significantly impact your life. Let's dive into the topic, focusing on two common drugs: marijuana and heroin. Possession of Marijuana and Heroin in North Carolina In North Carolina, possessing a small amount of marijuana is a misdemeanor. This means law enforcement catching someone with a personal-use quantity that is less than 1.5 ounces. The defendant might face fines or even a short jail sentence. But the stakes are much higher with heroin. Even a tiny amount can lead to serious felony charges, as heroin is considered a Schedule I controlled substance. A conviction can lead to many years in prison. So, When Does Possession Turn into Intent to Distribute? The line between possession and intent to distribute isn't always clear, but there are several factors that law enforcement and the courts consider. Here's what might shift a possession charge up to intent to distribute: Quantity: Holding a larger amount of drugs than one would typically have for personal use can suggest an intent to sell or distribute. Packaging: If the drugs are found in separate bags or packages, it might indicate that they're meant for sale. This type of packaging is different from what you'd expect for personal use. Paraphernalia: Items like digital scales, large amounts of cash, or materials for packaging drugs can also suggest distribution. If a person in Durham has these items along with drugs, the police might suspect they're involved in selling. Location: Being caught with drugs in a place known for drug sales can also contribute to a charge of intent to distribute. Statements and evidence: Sometimes, what a person says or texts can indicate their intentions. If there's communication evidence that suggests they're selling, it can be used against them. Consequences of intent to distribute The consequences for intent to distribute are much more severe than simple possession. They can include long prison sentences, hefty fines, and a permanent mark on your criminal record. These penalties can affect your ability to find a job, secure housing, or even further your education. A knowledgeable attorney can help defendants understand the charges, the potential consequences, and the best defense strategy for their situation.

What North Carolina drug arrest statistics mean for residents

Controlled substance law enforcement efforts have been a law enforcement priority for years. Police officers often look for those involved in the drug trade, and they also arrest anyone that they catch in possession of prohibited or controlled substances. Social attitudes about drug use have certainly changed in recent years, and many states have implemented more lenient drug laws. However, North Carolina does not necessarily have a lenient approach to drug crimes. Residents and visitors can expect that law enforcement professionals are typically on the lookout for signs of illicit drug use or trafficking. What do the most recent drug arrest statistics from around the state indicate about law enforcement priorities? Drug enforcement remains a top concern Number of arrests reported actually decreased substantially between 2021 and 2022. In 2021, there were 38,291 adult arrests for drug crimes across North Carolina. The number of arrests dropped to 34,025 in 2022, which was an 11% decrease. However, that trend is not necessarily an indicator of increased leniency in the penal system. Instead, it may reflect a focus on more serious drugs, including heroin, fentanyl and other opioids. The sad fact is that addiction is not necessarily less common just because the drug crime arrest rate declined. In fact, data from 2022 shows that roughly 11 people in North Carolina died every day that year due to some kind of drug overdose. A large percentage of those tragic cases involved fentanyl, heroin and opioids. A desire to protect people from substances that could cause a fatal overdose or leave them struggling with addiction might lead to police officers prioritizing more complex cases instead of quick arrests. At the end of the day, anyone arrested for a drug offense in North Carolina can expect that prosecutors may ask the courts to impose the harshest penalties possible. Particularly in cases involving allegations of trafficking, a desire to set an example might lead to defendants facing a very serious sentence. Yet, there are certain options potentially available to those accused of a drug offense in North Carolina, including requesting adjudication in the drug courts. Understanding trends in law enforcement activity could help some people avoid arrest and others better respond to pending charges.

What are the 6 forms of homicide under North Carolina law?

With few exceptions, homicide is probably the most serious criminal charge prosecutors can file against an individual. Someone accused of a homicide offense caused the death of another person. Not only do homicide charges risk severe penalties, but they can also burden someone with a criminal record that may close many doors to them in the future. Depending on the circumstances that led to someone's untimely passing, there are a number of different charges that a North Carolina prosecutor could bring against someone implicated in their death. First-degree murder First-degree murder is the most severe homicide charge possible. A prosecutor charging someone with first-degree murder believes that one person intended to cause the death of another and went so far as to plan for that outcome. First-degree murder is a Class a felony brought when prosecutors believe that premeditation led to a murder. Second-degree murder Sometimes, an individual does not plan to harm someone else but still causes their death. A fight that goes too far, for example, might lead to second-degree homicide charges. Second-degree murder involves a lack of premeditation but also a reckless disregard for the safety of others. Second-degree murder is a Class B1 felony offense. Felony murder Felony murder is a subset of first-degree murder. The state can charge someone with felony murder when they cause the premeditated death of another person during the commission of another felony offense, such as a robbery. Like first-degree murder, felony murder is a Class A felony. Voluntary manslaughter Unlike murder charges, manslaughter charges reflect a scenario in which someone did not have the intent to deprive someone else of their life. Voluntary manslaughter charges arise after scenarios in which someone becomes emotionally or mentally disturbed and lashes out at another person. A voluntary manslaughter case might involve a crime of passion and could lead to Class D felony charges. Involuntary manslaughter Sometimes, people cause the death of another person without intending harm. Someone who was negligent or reckless could end up accused of involuntary manslaughter. So could someone who causes a death unintentionally during the commission of a non-felony criminal act. Involuntary manslaughter is a Class F felony. Vehicular homicide North Carolina prosecutors can charge someone with a class felony if they kill someone with a vehicle. Both reckless driving and drunk driving scenarios may lead to vehicular homicide charges. Understanding the specific murder charge the state intends to pursue may help people plan a more effective defense strategy when accused of what could be a capital offense.

What types of conditions can affect my ability to own a firearm?

The Second Amendment is one of the most frequently-cited additions to the constitution. It extends the right of individuals to lawfully bear arms and also to form a well-regulated militia with other individuals. Yet, most people make greater use of the first right more than the second. They may possess firearms for sport or home defense. They may even require a firearm to perform their job, as is the case for law enforcement professionals or members of the military. Although people may take for granted that they have the right to lawfully possess arms regardless of their circumstances, there are a handful of scenarios in which it is not legal for someone to own a firearm. After certain criminal convictions Those convicted of certain criminal offenses, including misdemeanor domestic violence convictions, are subject to restrictions on firearm ownership in the future. Felony convictions can also affect someone's Second Amendment rights. After a mental health diagnosis There are a variety of serious mental health disorders that might make someone a danger to themselves or others. Those diagnosed by medical professionals with particularly serious mental health challenges may become ineligible for future firearm ownership, as are those subject to involuntary commitment at a mental health hospital. After dishonorable discharge from the military Some people have to leave the military for reasons beyond their control, such as medical issues that prevent them from fulfilling their responsibilities as a servicemember. Most people who leave the military do so after completing their term of service, but a small minority have to cease serving in the military because of some kind of misconduct. Those dishonorably discharged from the military typically lose their right to possess firearms after they exit the military. After a loss of testamentary incapacity Some people experience cognitive decline as they age. Others may develop cognitive challenges due to a traumatic injury or a serious illness. Anyone who does not have the mental capacity of an adult could end up losing their right to lawfully own firearms. In some cases, those who have lost their right to firearm ownership can have those rights reinstated by going to court. Understanding the rules that limit the Second Amendment may help people protect themselves from prosecution or take steps to regain their rights.

Contact Us

Fill out this form below and we'll contact you shortly
*Required Fields