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When individuals hear “DWI” they immediately think of drunk driving. It is true that the consumption of alcohol is a factor in most DWI cases. However, it is critical to know that these criminal charges do not always involve alcohol. Drugged driving is still impaired driving The definition of a DWI is driving a vehicle while impaired – this does not specifically mean impaired by alcohol. Any substance could lead to impairment, including drugs. Drugged driving falls under the category of DWI. While the traffic stop may differ slightly, breath tests can frequently detect drugs accurately. Additionally, police officers can issue orders for chemical drug tests after the arrest. In these cases, implied consent rules still apply. If drivers refuse a chemical test then they could face license revocation. The penalties are still the same Drugged driving is a DWI. So, the penalties are generally the same regarding potential fines and jail time. However, every case is different and depends on the factors of the situation. There are two risks in particular to consider in DWIs involving controlled substances: Aggravating factors: Excessive speeding and reckless behavior behind the wheel can lead to higher penalties for any kind of DWI charges, whether they involve alcohol or controlled substances. Possession charges: If police find drugs on your person or in your vehicle, then you could face possession charges – or trafficking charges, depending on the amount – in addition to a DWI. Getting behind the wheel impaired in any form could lead to serious criminal charges. It is important for drivers to be aware of all of these risks – and the consequences they could have for their futures.

In today’s digital world, it is no surprise that wire fraud is one of the most common types of white-collar crimes nowadays. Wire fraud is any type of financial scheme using the internet or telephone. This could be anything from sending a phishing email to telephone scam calls. A significant portion of the FBI’s list of the most common scams includes those that involve wire fraud. This is partly due to the sheer range of avenues and apparent anonymity technology offers. However, it is important to be aware of how current events and advances in technology can affect the prevalence of this crime – and, in turn, the risk of criminal charges. Current events increase the risks of wire fraud charges The risk of wire fraud charges becomes much more complicated considering recent events and developments, including: Cryptocurrency: The popularity of digital currency increased sharply in the last few years. In response, this year saw an increase in fraud cases and lawsuits involving various types of cryptocurrencies. CNBC reports that cryptocurrency fraud led to a loss of $1 billion since the beginning of 2021. This is leading law enforcement and lawmakers to look closer at this issue, which could lead to many people facing charges. COVID-19: The global pandemic affected everyone in countless ways. Financial struggles were one of those ways, which led to several instances of schemes involving wire fraud. Specifically, the government’s issuance of paycheck protection program (PPP) loans contributed significantly to the increase in wire fraud cases. It is important to be aware of the outside factors that affect the risks of wire fraud. These external risks frequently lead to increased police actions and legal crackdowns. In turn, that can significantly increase the risk of arrest and fraud charges. Know the penalties The consequences of wire fraud are high. These offenses frequently involve federal charges, with penalties including: Up to $250,000 for cases involving individuals Up to 20 years of prison time These penalties only apply to one count of fraud. If there are several counts against someone, they multiply. Criminal penalties aside, charges of wire fraud can also have serious effects on one’s personal and business reputation. It can be difficult to recover the trust of friends, family and potential customers. That is why it is critical to know the risks and fight these charges.

Plea bargains have existed as a tool that many people within the legal system have utilized before. It has many benefits, but it also has potential downsides. At the same time, it has both detractors and supporters. Some people believe that plea bargains are great tools, while others find them a potential avenue for abuse of power. What are plea bargains? The U.S. Department of Justice discusses plea bargains and their place in society. Plea bargains essentially offer someone the ability to take a plea deal where they will claim their guilt in exchange for a lesser sentence. Typically, the prosecution will use this to secure a guilty verdict. The defendant will rely on this to avoid severe penalty such as long stays in prison or even the death sentence. It also helps the court system, as it allows the case to pass through without trial by jury. Claims of supporters Supporters of plea bargains say that it helps alleviate pressure from the system and provides the chance for the prosecution to at least ensure that someone gets put behind bars for their crime in a situation where it might otherwise be uncertain. The person used in a plea bargain may also have information on other members of a crime to trade, which can help net even more arrests and convictions. Claims of detractors However, some people say that plea bargains can violate a person's constitutional right to a trial by jury. They find that plea bargains force innocent parties to claim guilt just to avoid a worse punishment. Some victims also view plea bargains as a way for a criminal to escape the full force of justice and may feel hurt by the decision. Thus, they can act as both beneficial and potentially problematic.

Auto theft is no source of entertainment, as many video games and media sources may portray. Individuals might face misdemeanor or felony charges in these cases. It is a serious crime regardless of the charges issued. The risk related to these crimes is also on the rise in North Carolina. Vehicle theft is becoming an area of concern There are two particular issues at hand when it comes to the rise of vehicle theft in North Carolina: Vehicle parts: From 2019 to 2020, the rate of catalytic converter thefts increased considerably across the nation. These thefts occur because of the valuable materials within these parts. However, in response to the increase in thefts, North Carolina lawmakers passed a law to make the possession of a stolen catalytic converter a felony. Vehicles: The theft of actual vehicles has increased as well, thanks to social media. A recent trend has teens film themselves stealing cars, often Hyundai or Kia vehicles, and post it on the viral video platform, TikTok, afterward. The trend is to steal vehicles for a joyride, but it often results in significant damage to the vehicles. Additionally, even if it is just a joyride, the law views it as theft. As we discussed in a previous blog post, social media is playing a large role in increasing crime – and the risk of criminal charges. Teenagers can get wrapped up in trends without fully realizing the risks. Police can track posts and use geographic data to locate individuals to issue charges. In North Carolina, auto theft is often a Class H felony, which can result in up to 25 months of jail time. While this may carry lesser penalties than other felony classes, it is not something to overlook. A felony on one’s criminal record can have serious consequences. More crime leads to more enforcement Lawmakers and law enforcement alike are taking action against this increase in theft, as noted above. As lawmakers work to increase penalties for these offenses, law enforcement officers often work to create task forces that combat them. With theft steadily increasing in North Carolina, it would come as no surprise if police begin to implement such task forces or even sting operations. Individuals must be aware of the rising risks.

It is always possible to fight DWI charges. Simply accepting the charges can be a big mistake, especially when there are many options and strategies available to protect your rights. So, how can you defend yourself? 5 ways to fight DWI charges There are a few common defenses against DWI charges. These include: Challenging definitions: There are certain elements that the prosecution must prove to obtain a conviction. You can challenge these specific details and the definitions. For example, it is possible to face charges even if you were sleeping it off in your car. You can challenge these charges and the definition that you were “in control” of the vehicle if the keys were not on your person or in the ignition, or if you were sleeping in the back seat. Challenging the breath test: It is possible to challenge the accuracy of the breath test results. The machine may not be properly calibrated, or perhaps another substance in your system caused a false positive result for alcohol. Additionally, you can also challenge the breath test results if the police officer did not properly administer the test. North Carolina law requires officers to follow the rules of the Department of Health and Human Services. If they do not follow these rules, it is possible to dispute the test results. Challenging observations: Police officers will often give testimony in a DWI case. The report they file also serves as evidence. You can challenge their observations from before and even during the traffic stop. For example, mental and physical disabilities can make any of the field sobriety tests difficult. You can challenge their observations during these tests with evidence of how your disability affects you. Questioning police actions: It does not matter if you face criminal charges or not. The police cannot violate your rights. If officers do anything that violates your civil rights, the court may dismiss the charges. Proving the stop was improper: Along with police actions, there are rules they must follow to conduct a traffic stop, from pulling someone over to a potential arrest. If they had no probable cause for any of their actions, it is possible to dispute the charges. Proving any of these five defenses could get DWI charges reduced or even overturned completely. Getting charged with a DWI is not the end. You have many options to fight these charges and protect your future.

The Supreme Court’s recent ruling affecting Miranda rights led to quite the commotion. Of course, the ruling warranted that response. After all, your Fifth Amendment rights are critical to protect you if you face criminal charges. So, it is important to understand the details of this ruling – as well as what you can do. What does the ruling really mean? The ruling did not limit the actual protections you have against self-incrimination, or your right to remain silent. What did it limit then? It banned lawsuits seeking damages if the police do not advise you of your rights. Before, if the police did not inform you of your rights, law enforcement and the prosecution could use your words against you. If this led to a false conviction, you could file a civil lawsuit for damages. This is no longer an option under this ruling. However, it is important to note that: Police are still required to inform you of your rights before interrogation You can still exclude evidence in the trial if the police did not read you your rights Even so, this ruling does have serious effects. Many experts worry that it could increase the risk of coerced confessions and wrongful convictions. However, there are still ways to protect yourself if you face criminal charges. It is even more important to remember your rights Now more than ever, it is absolutely imperative to ensure you understand your Fifth Amendment rights. Regardless of whether the police advise you of your rights or not, you should remember: You have the right to stay silent in police custody and questioning You must clearly invoke your right to stay silent You can stop the interrogation at any time You can have an attorney present during questioning What you say in a police interrogation can be used against you in court. This is a significant risk that you have the power to challenge when you take advantage of your rights.

In a previous post, we discussed how criminal charges and penalties can multiply when alcohol and firearms mix. The same goes for the combination of firearms and controlled substances, though the consequences increase significantly in this equation. Possessing a firearm and any amount of an illegal substance could leave individuals facing serious charges. Here are some important things to know about these cases. The law is clear about firearms and drugs It is against the law to have a firearm on your person as well as an illegal substance, such as heroin. However, there are a few specific details to be aware of when it comes to these cases: Federal rules state it is against the law for an “unlawful user” of any controlled substances to also possess a firearm. The term “unlawful user” leaves considerable room for interpretation. It is illegal for anyone with a previous felony on their record to possess a firearm, including a felony drug conviction. Therefore, possessing both items with a previous felony can lead to serious consequences as well. Just like with alcohol use, even having a permit to carry a firearm cannot prevent the risk of criminal charges in these cases. Is there a potential crackdown? On top of that, a recent report from the United States Department of Justice indicates that federal law enforcement is focusing on these cases. They even have a strong presence in North Carolina. The case discussed in the report addresses both the details mentioned above; a North Carolina man now faces a federal prison sentence for possessing cocaine and a stolen firearm. He also had previous felonies on his record. The reason the combination of these charges is so serious is because law enforcement strongly associates violence with narcotics trafficking. Therefore, a crackdown on crimes involving narcotics could very well lead to a crackdown on these compounded offenses as well. Compounded charges, compounded penalties State and federal laws explicitly address the possession of both a firearm and an illegal substance. However, individuals could also face compounded penalties for violating: Separate rules regarding firearm possession and drug possession Both state and federal laws Additionally, the amount of drugs in someone’s possession will make a difference. If it is a larger amount, the prosecution will likely try to prove the intention to distribute or traffic drugs. Distribution and trafficking charges have more severe penalties than possession at both state and federal levels. These two possession charges may lead to trouble, but you still have the power to fight these charges and protect yourself.

It is common to have prescription medication. According to the Centers for Disease Control and Prevention, nearly half of the United States population takes prescription or therapeutic drugs. However, the abuse and misuse of prescription drugs are also on the rise. In turn, law enforcement is cracking down on crimes involving prescription drugs. So, if you have or take prescription drugs, is there a risk police may suspect you? Is it a valid prescription? If you have a valid prescription, you do not have much to worry about. It is highly unlikely that you will face any risk of criminal charges if a North Carolina doctor or pharmacy prescribed you medication and: You use it according to the instructions You keep it in its labeled container The prescription is valid, and not expired Even so, you should take care. There are still other risks With the crackdown on prescription drug crimes, there have been cases of people facing possession charges if they: Carry expired medications Have expired prescriptions Store medications in an unlabeled container It is also worth noting that you should pay attention to the side effects of any prescription drug – or any kind of medication, for that matter. There have also been cases where drivers who took medications got pulled over under the suspicion of driving under the influence of alcohol. Of course, you can defend yourself against any of these criminal charges. However, it is still important to be aware of this kind of risk. Invalid prescriptions and misuse can lead to trouble Misusing prescription drugs is against both state and federal laws. For example, it is illegal to: Obtain prescriptions by fraud Sell or distribute drugs prescribed to you Use drugs prescribed to you for something other than their intended use Law enforcement is especially cracking down on opioid possession and distribution. While you may have a prescription for pain medication after surgery, it is against the law to sell or give that medication to anyone else. North Carolina’s laws regarding controlled substances are extensive, and the rules are strict. However, you have the power to protect your rights.

As we discussed in a recent post, violent crimes involving weapons are on the rise. This has led to increased enforcement all across the nation. Lawmakers at all levels are also taking action in response to this rise in crime. The president signed a bill regulating firearms into law in June. So, what should you know about these changes? What could the new federal law mean? This is the first significant law regulating firearms and safety for nearly three decades. According to NPR, the new federal rules will: Urge states to pass red flag laws Prevent partners – not just spouses – convicted of domestic abuse from obtaining firearms Create stricter background checks for people between the ages of 18 and 21 It is no secret that this matter – and this law – is a point of controversy. However, opinions on gun control aside, the new law could lead to an increased risk of weapons charges, especially at the federal level. What about the state level? This new law at the federal level is having a large ripple effect simply because there are not many federal laws regulating firearms. Most laws that do this exist at the state level. So, what about North Carolina’s laws on firearms? The state is almost completely in the middle ground. While the laws seem extensive and detailed, the state ranks 24 th in terms of strict gun laws. Even so, North Carolina does ban the possession of a weapon for individuals who: Are under a domestic violence order Have a felony on their criminal record Lack mental capacity There are also several conditions necessary to obtain a permit. Yet, crimes involving weapons continue to rise considerably at the state level. So, what is the risk? As we mentioned above, there is already increased enforcement on weapons crimes around the country. Federal agencies are teaming up with state agencies in major operations to arrest individuals. Opinion on gun laws does not matter in these cases – the increased attention on these matters could very well increase the risk of weapons charges. While North Carolina’s laws may not be as strict as some, it is still critical to be aware of this risk.

Everyone has seen the dash-cam footage of suspected drunk drivers walking in a straight line on the side of the road, with police officers looking on. This is a part of the field sobriety test that occurs when police stop drivers who they believe to be under the influence of alcohol. You may have seen the footage, but what should you expect if you find yourself in these situations? There are three standard tests A driver’s behavior on the road may lead police to suspect drunk driving. That would be the probable cause for pulling the driver over, but they usually need more than that to charge or arrest someone. The police look for more signs of impairment by conducting the field sobriety test, which generally involves: Horizontal gaze nystagmus (HGN) test: Officers will ask you to follow an object side-to-side with just your eyes, and look for whether the eyes move smoothly or with jerking movements. Walk-and-turn test: Officers ask you to walk in a straight line, turn around on one foot, and walk back. This is to check your balance and coordination. One-leg stand test: Officers ask you to balance on one leg while counting out loud until they tell you to stop. This also checks your balance as well as your mental processing. The U.S. Department of Justice and the National Highway Traffic Safety Administration (NHTSA) reported that the HGN is the most reliable in determining impairment – but that rate is still only 77% accuracy. On top of that, many health conditions could affect the outcome of these tests, making them even less reliable. Remember: You do not have to participate in these tests In North Carolina, you do not have to submit to roadside tests. This includes: The standard field sobriety tests listed above The preliminary breath test These tests do not fall under the rules of implied consent. Implied consent covers chemical tests, such as the more precise breath test or the blood test often conducted at the police station after an arrest. Note: The preliminary breath test during the traffic stop is different from the breath test they might conduct at the station. It is not as precise. Refusing the breath test after an arrest at the station could lead to additional penalties. Even if you refuse to participate in the field sobriety tests, you could still face the risk of DUI charges. It is critical to understand what to expect in these situations, so you can protect your rights.

It is common knowledge that possessing illegal substances or drug paraphernalia can lead to serious criminal charges. However, the risk of drug possession charges is much higher than many people might believe. That is why it is important to understand the facts about drug charges – and drug arrests – nowadays. How common are drug arrests? According to Pew Research Center, the rate of individuals arrested for drug offenses – particularly drug possession – has not changed much since 2009. In fact, one in ten arrests across the country involved drug offenses in 2019. The report noted that even though charges for trafficking or selling drugs decreased, possession charges remained nearly the same. The legacy and continuation of the political War on Drugs likely motivate the continued crackdown on drug offenses, making them some of the most common types of charges issued. They have the highest incarceration rate as well For many years, drug offenses were the top reason for incarceration. That remains true today in 2022 as well. Drug offenses have a significant lead over any other charges when it comes to incarceration rates. Incarceration rates are a part of a larger criminal justice issue. Even so, possession charges are not something to take lightly. They carry a high risk of facing serious penalties. Remember: Charges often depend on the substance Drug possession is often seen as a minor drug offense. It is true that drug trafficking charges involve higher penalties than possession charges. However, individuals could still face felony charges for possession, depending on the particular substance. In North Carolina, it is a felony to possess substances including, but not limited to: Heroin LSD Hallucinogenic drugs PCP Additionally, possessing significant amounts of substances like cocaine, morphine, meth amphetamines and opiates can also lead to felony charges. The reports go to show that possession charges are not minor issues. It is critical to take charges seriously and take active steps to protect your rights.

Violent crimes may be on the rise, but property crimes remain the most common type of crime across the country. Theft charges are still on the rise as well, and North Carolina officials recently took steps to increase enforcement and penalties for a fast-growing type of theft. Penalties look to increase for organized retail theft WRAL reports that members of the North Carolina Senate unanimously voted to increase penalties for individuals leading and involved in organized retail theft rings. Particularly, the bill aims to: Officially define organized retail theft as a crime Issue felony charges for this crime Add more jail time and increase the financial and criminal penalties Many times, organized retail theft crimes involve “smash-and-grabs,” where individuals smash windows or display cases and seize store property. It also often involves a large group of individuals participating in a mass robbery at once. Videos on social media, security camera footage and national newscasts called attention to organized retail theft in the past few years. This bill seems to be in response to that increased attention. Theft charges often depend on certain factors Individuals arrested for involvement with a retail theft ring would still face criminal charges today, even before this bill came into play. The penalties they faced often depended on factors such as: The value of the items stolen The use of a weapon The organization of the crime Whether they were the leader of such an organization These factors are still in effect under this new bill, should it become state law. The penalties have just increased sharply if the charges relate to organized retail theft. Individuals in North Carolina need to be aware of these increased risks so that they can protect themselves and their rights.