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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.

Unregistered weapons have been a concern for some time. However, the increase of “ghost guns” is leading concerns to multiply. Here is what North Carolina residents should know about this matter – and the changes coming. The increasing issue of ghost guns A ghost gun is an unregistered firearm without a serial number to trace. Individuals usually purchase these weapons in kits online. They then obtain the weapon through 3D printing and assembly at home. The number of ghost guns has increased significantly in North Carolina and across the nation. Some reports even indicate that North Carolina is one of the states with the highest numbers of these weapons. According to WRAL News: The number of recovered ghost guns increased tenfold since 2016 across the nation In 2021, North Carolina law enforcement confiscated over 400 ghost guns With such a sharp increase in the number of ghost guns – and the number of crimes involving these weapons – state and federal governments alike are cracking down on them. More instances mean more enforcement As of now, the federal government is not planning to ban these weapons. However, they are looking to regulate them. National Public Radio (NPR) reports that the federal government’s new rules will create regulations for these firearms, just like a “traditional” firearm. These regulations will require: Sellers to have proper licensing Firearms to have serial numbers Buyers must obtain background checks Buyers to follow the same process of obtaining a permit Proper registration of the firearm Essentially, this means that anyone with a gun purchased online must adhere to North Carolina’s weapons laws as well as federal rules. There is still a risk Criminal charges involving ghost guns – or unregistered weapons – are still a serious risk. If individuals face charges of crimes involving such weapons, they could also face increased penalties. For example, they could face charges for the crime committed, such as armed robbery, but they will also face penalties for violating North Carolina’s firearm laws. It is critical to be aware of changes to weapons laws and regulations to avoid severe charges and protect your rights.

Even if there are no controlled substances on your person, the risk of facing drug charges could remain. You may know that North Carolina, states across the nation and the federal government all include penalties for possessing drug paraphernalia. However, what exactly could drug paraphernalia charges entail? Several items fall under “paraphernalia” Many people think of pipes, rolling paper, syringes or other devices used to ingest or inject controlled substances when they think of drug paraphernalia. These items indeed fall into this category and could result in criminal charges. Even so, state law describes a wide range of equipment that could lead to charges as well, including, but not limited to: Anything to plant, cultivate, manufacture or produce controlled substances Devices to increase the potency of controlled substances Scales, balances, bowls, spoons and other tools to organize or make controlled substances Even everyday items could be considered drug paraphernalia, depending on their proximity to controlled substances, or even if they contain evidence of controlled substances. If the police find drug paraphernalia, individuals could face a Class 1 misdemeanor. The penalties vary, but they often involve jail time and substance abuse education. However, these charges are often in conjunction with other drug charges – such as drug trafficking – and could increase the consequences as well. Two things to note in these cases If you face the risk of drug charges, there are a few things you should know: A search must be legal: In most cases, North Carolina police find drug paraphernalia while conducting a search. The search must be legal for this evidence to hold up in court. It is essential to understand the elements of a legal search and your rights in the event of a police search. Even if the police find paraphernalia, if the search is against the law, you can get the evidence suppressed. Drug charges are serious: As we have discussed in previous blog posts, misdemeanor charges are not something to overlook. Any criminal charge is serious and could have long-lasting effects on your personal and professional life. It is critical to fight these charges. Controlled substances may not be present at the scene. However, you must take any type of drug charges seriously and take steps to defend yourself against the risk of allegations.

At the time of a traffic stop, it is common to feel stressed, confused and even angry. This range of emotions can make it difficult to focus on the details of your current circumstances. However, it is critical to note that, much like other police procedures, traffic stops may be unlawful if the police do not conduct them properly. So, what precisely makes a traffic stop against the law? Three reasons a traffic stop could be against the rules There are many elements that could affect the legality of a traffic stop. However, some of the most common reasons to be aware of include: Cause: Police most often pull drivers over for traffic violations, such as speeding, broken headlights or taillights, reckless driving and more. If there was no violation of traffic rules on your part, and no particular reason for police to search for your vehicle or license plate, then the stop might be unlawful. Criminal background: Even if you have a prior conviction on your record, that is not reason enough for police to pull you over on the road – especially without cause or reasonable suspicion. Race or ethnicity: Unfortunately, there are significant racial disparities in traffic stop statistics. According to 2021 reports, North Carolina police stop Black drivers more frequently. Black drivers also face a higher chance of vehicle searches. If race – or any other protected status – is the only foreseeable reason for a traffic stop, it could be unlawful. If you suspect an unlawful stop, you should make sure to remain civil and calm to protect yourself. However, as the American Civil Liberties Union emphasizes, you should write down every detail of the stop. Doing so may help to prove that the stop was against the rules, which could help suppress evidence collected during the stop.

Facing DWI charges also leaves you facing a long list of questions. What happens now? How can you protect your future? One common worry that many share in these situations is how drunk driving charges affect their lives – and careers. So, what should you know? Could you lose your job? The answer to this question is: possibly. There are many details and nuances to consider in these cases, and they often change from person to person. However, it is critical to note these basic issues. First, North Carolina does have rules in place that limit an employer’s ability to discharge employees for their off-duty conduct and use of legal products. However, this can change when it comes to criminal convictions and substance abuse. Additionally, if you are an at-will employee, then it is possible that your employer could dismiss you. It is also important to understand that even the penalties for a DWI could affect your career. For example, if you do not have your license for a period, and cannot get to work reliably or on time, your employer could potentially dismiss you from your position on these grounds. Certain careers might carry more consequences Another key detail to consider in these situations would be the type of career you have. There are several jobs that might require a higher standard of off-duty conduct, and a DWI conviction could jeopardize your ability to work. Two of the most common circumstances like this include: Commercial driving jobs: If you drive for a living, even an off-duty DWI could put your career at risk. North Carolina has a zero-tolerance policy for commercial drivers when it comes to DWIs, and you could lose your commercial license. Jobs requiring professional licensing: Careers that require you to obtain a professional license could also be at risk if you face a DWI conviction – such as a career in nursing. Nurses are held to high standards in almost all aspects of their lives, and a DWI conviction could lead to a revocation of their nursing license. Your career may be your passion. Or you may simply depend on your job in terms of the income it brings you. Either way, it is critical to fight DWI charges to secure your future and avoid issues like this that could put your career at risk.

You may have heard the term “pressing charges” on television dramas or even the nightly news – but what does it actually mean? It is critical to be aware of the process of pressing charges, so you can protect yourself and your rights. How does someone press charges? A night at the bar can quickly become rowdy, and one person throwing a punch could lead to someone claiming assault. Of course, the details will differ from case to case, but these situations involving accusations of assault often include the following basic steps: The individual who claims to be the victim reporting the assault to the police The police investigating, collecting evidence and witness reports Prosecutors reviewing the police report and determining whether to file charges It is important to note that individuals reporting offenses to North Carolina police does not constitute “pressing charges,” even if that is what they threaten they will do. Only prosecutors or district attorneys actually press – or file – criminal charges against someone. There are other issues to be aware of too The steps listed above make up the most common process in which someone might find themselves facing assault charges. However, there are a few risks to be aware of in these situations, including: A report is not always necessary: It is not always necessary for someone to file a report or even cooperate with the police, for you to face the risk of criminal charges. Police could still investigate an incident and file a report of their own, leading prosecutors to file charges. There are chances of a lawsuit: Even if prosecutors decide not to file criminal charges in an assault case, the individual who claims to be the victim could still move forward with a civil lawsuit for injuries or other damages. This does not qualify as double jeopardy, even if the cases relate to the same event. No matter the situation, it is important to take steps to defend your rights. The moment you could face the risk of criminal charges, you should act quickly to protect yourself at every step of this process.

It does not take much for a criminal offense to lead to federal charges. Dealing with federal charges on top of state charges could leave you facing many more serious risks. So, it is critical to be aware of the most common crimes that could result in federal charges. Here is a brief overview of some of these offenses. Three common federal offenses As you may already know, a federal crime is any offense that violates federal law or occurs on federal property. However, what are the most common crimes that break federal laws? They include: Drug charges: The trafficking, sale, import or export of controlled substances or drug paraphernalia is a federal offense. Additionally, if any kind of drug crime – including possession – occurred on federal land then you could also face federal charges. Fraud: Fraud charges often go hand-in-hand with white-collar crime. However, it also includes many other offenses, from phishing scams to identity theft. As we discussed in a recent blog post, fraud crimes and charges are also on the rise. White-collar crime: There is a wide array of crimes included under the umbrella of white-collar crime. From embezzlement to money laundering, the many offenses under one category make white-collar crimes one of the most common offenses involving federal charges. North Carolina laws also address all of these offenses. However, federal courts will also take action against individuals who break federal laws. This is why these offenses often lead to multiplied penalties, including higher fines and longer prison sentences. Facing federal charges is a serious matter. You must fight back to defend your rights against the increased risks these offenses carry.