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Facing criminal charges can be one of the most stressful things you have ever experienced. Suddenly, your whole life and future are at risk, and you do not know how to move forward. One of the first steps to take is to obtain a good defense. However, what does that defense entail? There is a lot of work and many steps that go into an effective defense. However, these three elements are critical: 1. Extensive investigation A good criminal defense attorney conducts their own investigation. Attorneys will look into many aspects of the entire case, particularly: The act that led you to face criminal charges The details and process of the police investigation Evidence plays a significant role in defense. That is why defense attorneys will dive deep into their own investigations to gather evidence and ensure they understand all of the details of your situation. This process may involve a partnership with other professionals, such as other investigators or medical professionals. 2. Knowledge and strategy Defense attorneys will then use their extensive knowledge of the law to protect your rights. For example, say the attorney finds that North Carolina police violated your Miranda rights during the interrogation. They can file a motion to suppress the evidence collected in that interrogation due to the violation of your rights. The attorney’s knowledge of the law will also play a large role in strategizing how to protect your best interests. Whether that is through negotiating with the prosecutor to drop or reduce the charges, making a plea deal or preparing for trial to fight for you. Never underestimate experience. Even though every case is different, attorneys can use their experience to give you an advantage. 3. Protecting you You are also a key element in the defense process. As mentioned above, a defense attorney should prioritize your best interests and protect your rights. This means that they should: Explain every step they take to you Make sure you fully understand your rights and options Always work to protect you – not themselves While a defense attorney cannot promise an outcome, they should always do everything in their power to protect your rights and you. You should come first, as the case and the charges directly impact your life.

It may be the last thing you expected after one glass of wine with dinner, but the police pulled you over for speeding – and now you are facing charges of driving while impaired. Even if you did not feel impaired, the presence of alcohol in your system can lead to these charges. If this is a first-time DWI charge, it can be overwhelmingly stressful. What are the risks of a first-time offense? More than criminal penalties are on the line You may be fully aware that you could face criminal penalties. Under North Carolina law, even a Level V DWI – which is the least serious offense – can involve various criminal penalties, including: Jail time Financial penalties Community service However, you could face more consequences than criminal penalties. These offenses often lead to license suspensions or revocations, and even more fines at the administrative level as well. The effects could be long-lasting The effects of a first-time DWI conviction can linger for quite some time on many levels, including: Penalty-wise: License suspensions or revocations can often last up to one year. Losing the convenience of a license can be stressful, and make commutes and any travel time significantly longer if you must rely on rideshares or public transportation. On top of that, North Carolina often requires you to attend some sort of substance use program or treatment after a DWI conviction, so you will have to make time for this as well. Emotionally: It is important not to overlook the mental and emotional toll that criminal charges can have on you. Especially if this is a first-time offense on your record, you may feel immense guilt, shame and anger. These emotions often linger as well, considering the long-term effects of a DWI. Time also becomes a factor when seeking defense. To proactively manage these risks and help keep your record clear, you must obtain legal counsel immediately to fight DWI charges.

Nowadays, marijuana can be a controversial topic. The rules now vary by state, with some states decriminalizing and even legalizing marijuana use. Keeping up with the details of the nationwide debate over cannabis can be complex. However, here are some important elements that individuals in North Carolina must know. Reminder: Marijuana is still illegal in NC Marijuana use is still against the law in North Carolina. State lawmakers have put forward bills to legalize marijuana, but the outcome of these proposed changes in law is uncertain. Many other states legalized the substance, including Virginia, our neighbor to the north. Even federal regulations are changing, albeit slowly. This is still not the case in North Carolina. Regardless of whether it is for medical or recreational use, marijuana use could put you at risk of facing: Misdemeanor charges for possession, depending on the amount Felony charges for trafficking or selling the substance Marijuana is a Schedule VI drug under North Carolina law. This means it is less addictive and dangerous than other controlled substances. Therefore, marijuana possession may not carry the same penalties as cocaine possession, but that does not mean the charges are less serious. Opinions might vary regarding marijuana across the country, but a conviction on your record could still pose a serious risk to your future. Marijuana charges are up in North Carolina Despite being illegal in our state, it seems that the use of marijuana is widespread. According to the U.S. News & World Report, North Carolina has the third highest rate of arrests for marijuana in the country as of 2021. As we have discussed before, increasing rates of a particular offense often result in increased attention from law enforcement. You must take steps to protect yourself against the risk of criminal charges.

As we have discussed in previous blog posts, driving under the influence of alcohol is not the only way someone could end up facing DWI charges. Driving with drugs in your system could also put you at risk of a DWI. The rate of drugged driving is high According to the National Institute on Drug Abuse, nearly 11.7 million people across the country admitted to driving while impaired by drugs in 2021. This impairment is not always comparable with alcohol. For example, alcohol is a depressant that slows your reaction time, whereas a stimulant like methamphetamines might lead you to speed or drive aggressively. The effect of these drugs often changes by the person as well. Even so, the presence of controlled substances could result in DWI charges. 2 factors leading to drugged driving charges Some people might wonder how they could face the risk of drugged driving charges. Like DWI charges involving alcohol, there are two common ways individuals could end up facing charges, including: Showing signs of impairment behind the wheel: As we briefly mentioned above, erratic driving, traffic violations and other reckless driving behaviors might indicate to police that someone is driving under the influence of alcohol or drugs. The effects of stimulants can often make people believe they will be fine to drive, but the external signs of aggressive driving might prove otherwise, leading police to pull the driver over. Positive chemical tests: While breath tests might not often effectively detect drugs in someone’s system, other chemical tests can. With North Carolina’s implied consent laws in place, drivers arrested under suspicion of drunk or drugged driving must submit to chemical tests. The urine and blood tests conducted after the arrest are much more effective at detecting substances in one’s system – which increases the risk of DWI charges. Anytime someone gets behind the wheel with impairing substances in their system, they could put themselves at risk of facing DWI charges. With the high rates of drugged driving across the nation, individuals must be wary of these risks.

In a previous blog post, we discussed the effect that aggravating factors can have on criminal charges, especially when it comes to violent crimes. These factors can significantly increase the charges themselves as well as the penalties. There are unique aggravating factors for DWI charges as well. We will take a look at some of the overarching issues that can impact DWI charges. 4 things that can increase DWI risks A DWI is already a serious charge in North Carolina. Individuals should not take even misdemeanor DWI charges lightly. Convictions can stay on your record for years, and leave you facing fines of $200 and 24 hours in jail – at the lowest level. Aggravating factors can significantly increase those penalties. Individuals could face such increased penalties if they: Have previous DWIs: The penalties of a DWI can increase sharply if individuals have previous offenses on their record. Fines can jump up to nearly $4,000 with a maximum jail sentence of two years. Ingested significant amounts of alcohol: The legal limit of blood alcohol concentration (BAC) is 0.08% in North Carolina. If a driver’s BAC is considerably higher than that when police conduct breath or other chemical tests, they could be at risk of facing higher penalties. Drive recklessly: The reason driving while under the influence of alcohol is against the law is that alcohol can directly impact one’s ability to drive. If drivers speed excessively, break other traffic laws or perhaps get into an accident, the penalties for a DWI can also increase. Note: If a drunk driving accident results in the death of another driver or pedestrian, individuals could face many more criminal charges in addition to a DWI. Have children in the car: The courts, prosecutors and law enforcement consider driving drunk with a child in the car to be a form of child endangerment. Therefore, this can impact the severity of DWI charges. In many cases, getting behind the wheel while under the influence of alcohol is a misjudgment. However, many internal and external factors can turn that moment of misjudgment into a serious risk to your future.

You may be aware of the Constitutional protection against double jeopardy. Essentially, it is against the law for someone to be tried and convicted twice for one crime. However, double jeopardy does not necessarily prevent someone from facing charges or convictions for one crime at both state and federal levels. We briefly discussed this matter in a previous post, but we will take a closer look at the risk. First: What is “dual sovereignty?” To understand why double jeopardy rules do not prevent charges at both state and federal levels, you must understand dual sovereignty. Essentially, this rule is an exception to double jeopardy. It establishes that the state governments and the federal government are separate entities with separate laws. This separation allows both to try and convict individuals for violating the law – even if it was the same offense. That is why the warning still stands: certain incidents could result in individuals facing both state and federal charges. What does this mean for individuals facing charges? This exception to double jeopardy remains intact today, despite many challenges in court over the years. However, there are two essential things to note regarding the risk of facing a conviction at both state and federal levels: This situation is rare: While there are certain crimes that can lead to both state and federal charges, one entity frequently handles both. For example, wire fraud violates both North Carolina and federal laws, but in many cases, federal law enforcement and courts will handle the whole case because the act violated the larger laws of the land. Though compounded sentences are possible: Even though it is not common, it is still possible for an individual to face a conviction and penalties at both levels. This is often the case with serious, severe crimes. Consider the story of George Floyd’s murder that caught nationwide attention. The officer charged with killing him and violating his civil rights did indeed face both state and federal charges, convictions and penalties. However, the officer is serving both state and federal prison sentences at the same time. Regardless, it is still essential to be aware of this risk. Facing both state and federal charges is a serious issue that could affect your whole life. You must ensure you understand the risk and defend your rights appropriately.

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.