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The police want to conduct a search, and the risk of facing criminal charges suddenly becomes very real. However, in these situations, there is also the risk of police violating your rights and conducting an illegal search. What exactly does this mean? Here are a few critical details to know. What makes a search illegal? To understand what an illegal search is, it is important to understand what constitutes a legal search. In general, a legal search occurs if: Police have a search warrant that is valid under North Carolina law They have reason to believe someone committed a crime They arrest an individual and search their person The safety of the public is in question, or emergency circumstances arise Therefore, it would be an illegal search and seizure if none of these conditions apply, police still search your person or property and seize evidence. For example, if the police arrive at your home without a warrant or probable cause that you committed a crime, and take your property as evidence to charge you, this would likely be an illegal search. You have protections against illegal searches Of course, the rules above apply to police searches. However, you have specific rights in these situations as well. The Fourth Amendment of the United States Constitution specifically protects you from illegal search and seizure. Put simply, the law states that: You have the right to the security of your person, home and property Police must have a search warrant to search these areas and obtain evidence A violation of your Fourth Amendment rights could also constitute an illegal search. That is one reason why it is so important to understand the rights and protections you have. How can this affect your case? If you can prove the police conducted an illegal search of your person or property or violated your rights, then the court may suppress the evidence obtained during the search. This means that it cannot be used against you in court. Police must follow the rules when it comes to searching and seizing evidence. If they violate these rules, you have ways to protect yourself.

Facing an arrest can be just as frightening as facing criminal charges. In cases like this, it is human instinct to protect yourself – which might involve the fight-or-flight response. However, fleeing or otherwise resisting arrest could lead to even more stress in such a situation. So, what should you know about “resisting arrest?” What counts as resisting arrest? North Carolina law only states that resisting officers or resisting arrest involves restricting, obstructing or delaying officers in completing an arrest or another official duty. This language seems vague and could cover a wide range of actions. Fleeing officers or physically scuffling with them are some of the most common actions that the law would classify as resisting arrest. However, if an action falls under the definition of “obstructing” or “delaying” officers, then that could also be classified as resisting arrest. Resisting arrest can lead to even more charges If the police arrest you for possession of illegal substances, you already face the risk of criminal charges. It is also a crime to resist arrest, and this could lead to: Class 2 misdemeanor charges Class I or Class F felony charges if resisting arrest causes serious injuries to officers Essentially, the risk of resisting arrest means you could face compounded criminal charges and penalties. How can you fight these charges? It is possible to challenge and fight charges of resisting arrest. Some of the key issues in these cases are: Your intentions: The language of the law states individuals must “willfully and unlawfully” resist arrest. Your intention at the time can make a big difference in your defense. Police actions: During an arrest, North Carolina police officers must follow specific rules. The arrest must be legal. If police act inappropriately or unlawfully, then you could have reason to explain your resistance and challenge the criminal charges. If you face charges for resisting arrest, it is essential to protect yourself and fight these charges.

Anytime someone gets behind the wheel after a night out, they could face the risk of getting pulled over by police. They might believe they are okay to drive, but a breath test can often pick up even the slightest hints of alcohol. The breath test and even criminal charges do not discriminate by age – but is there a specific age group that faces a higher risk of charges? At what age do DUI charges pose the most risk? According to the National Highway Traffic Safety Administration (NHTSA), young adults made up the largest percentage of drunk drivers. The statistics say that of the individuals who drove under the influence in 2019: 27% were between the age of 21 and 24 years old 25% were between the age of 25 and 34 years old This is not at all to say that older drivers do not face charges. However, these statistics indicate that over half of those who drive under the influence of alcohol are younger adults. The risk of facing DUI charges may not exactly change depending on one’s age. Risk often depends on the circumstances of a specific situation. Even so, younger adults should understand the issues behind this higher rate of charges. Why do these ages see the highest rates? There may be a few reasons why it is more common for younger adults to face the risk of DUI charges, including: For many at this age, drinking alcohol is still a new experience since the legal drinking age is 21 On average, the human brain is not fully developed until roughly 25 years of age It is more common for individuals in their early 20s to be involved in nightlife and party culture Regardless of the reason – or someone’s age, for that matter – these explanations will not act as a defense against DUI charges. The penalties for driving under the influence in North Carolina are still steep. Many people in this age range are just beginning their adult lives, finishing school and beginning their careers. The long-term penalties of a DUI, such as a suspended license and hefty fines, could put all of that on hold. While the reasons above may not help defend that future against criminal charges, there are other defenses available if individuals act quickly.

During the traffic stop, police may conduct a field sobriety test and eventually charge an individual with a DUI or a DWI. Even so, to escalate from criminal charges to a conviction, the prosecution has to prove that the individual was driving drunk. How exactly do they prove this and potentially obtain a conviction? As in most cases, evidence is the key. What kind of evidence is needed? In a DUI case, there are several types of evidence that prosecutors may bring up in court. These often include: Testimony from police officers and their observations from the stop Details from the police report and dashcam footage Results from the field sobriety test Results from the breath test, blood test and other chemical tests In the most general terms, the prosecution must prove that an individual was impaired and that they were in control of a vehicle. The evidence listed above is what they will use to prove these two factors. Is it possible to suppress evidence? Fighting DUI charges often means challenging the evidence presented. But many people might wonder how it is possible to do so. It is critical to look into how police obtained evidence. Many times, it can begin with the traffic stop itself. North Carolina police must follow specific procedures and rules in a traffic stop as well as after an arrest. A misstep in any of these procedures could result in evidence being inadmissible. For example, one of the primary things to consider is that police can only pull someone over in the first place if they have probable cause. This could include: Erratic behavior, such as driving too slowly or swerving Traffic violations, such as driving through a red light If there was no reason or probable cause for the traffic stop, then evidence gathered after the fact could be invalid. It also helps to consider the factors that could affect the results of breath tests. Certain foods, drinks or medications could lead to a false positive in alcohol breath tests. Investigating all of the details of the situation and the evidence gathered is critical to determine if the police followed proper procedure. Questioning every step can help protect an individual’s rights.

If someone faces criminal charges, the details are often the most important aspect of the case. This is why laws list a range of penalties, depending on the severity of the offense. That is also the courts consider both mitigating and aggravating circumstances. However, you may have heard that some charges come with a “mandatory minimum” sentence. What does that mean exactly? A look at the history Essentially, mandatory minimum sentences are automatic prison sentences. Instead of considering all of the details of an individual case, the crime committed would require courts to issue a specific prison sentence. For drug trafficking charges, these mandatory sentences could range between 25 months and 225 months, depending on the substance and the amount. The concept of mandatory minimum sentences took hold in the 1970s, at the height of the “War on Drugs” in the United States. Therefore, many of the mandatory sentences are related to drug offenses. The range of offenses with mandatory minimum sentences only increased over the years. There is a key difference between state and federal cases So, which offenses could leave someone facing a mandatory minimum sentence? The answer varies significantly depending on whether an individual faces state or federal charges. For example: State: In North Carolina, the only offense that carries a mandatory minimum sentence is drug trafficking. Even then, state lawmakers passed a law that became known as The North Carolina First Step Act in 2020. The law gave courts more discretion and decision in certain drug trafficking cases, allowing them to avoid issuing a mandatory minimum sentence. Instead of automatic sentences, courts could consider the factors unique to a specific case. Federal: Federal law requires mandatory minimum sentences for more offenses than our state laws. Some of the most common offenses with mandatory minimum sentences include drug crimes, firearm offenses and sex offenses. In some cases, it is possible to be relieved of mandatory minimum sentences at the federal level, but it is often challenging. Regardless of the charges someone faces, this is one of the reasons why it is critical to obtain experienced defense. Facing charges is not the same as facing a conviction, and it is important to fight charges to protect the future.

Gun crimes and violence are issues that are always under a microscope in the U.S. It is something that news sources, law enforcement, political figures and even the public all have an opinion about. Regardless of opinion, this subject has once again taken center stage at the national and state levels as many sources say the rate of violence is increasing. What do the reports say? Over the last few years, gun violence and gun-related deaths have been on the rise throughout the United States. There was a 30% increase nationwide. Yet, the increase was even higher in North Carolina. The Charlotte Observer reported that North Carolina saw a 31% increase in gun violence. This was marginally higher than the national rate, but it is a sharp increase for the state – and from previous years. The report noted a few reasons that might be behind this sharp increase, including: The significant changes the pandemic brought to young peoples’ lives An increase in gun sales nationwide The changes in police actions after the death of George Floyd Across the country, reports also saw an increase in gun violence by younger people. Many believe this is due to influence from older individuals or groups. Adults may convince younger people to commit violent crimes because they will face less serious charges since they will not be tried as an adult. Increases in crime usually lead to a crackdown A rise in any type of crime generally means increased attention from law enforcement. North Carolina already takes firearm and weapons charges very seriously. An increase in the rates of gun violence will likely mean law enforcement will crack down on a wide range of weapons charges, including: Illegally carrying or possessing a weapon Assault with a deadly weapon Other violent crimes involving weapons Federal agencies are already cracking down on weapons trafficking. However, this may also translate to a crackdown on other crimes involving weapons. Individuals must be aware of the heightened scrutiny – and heightened risk – they might face.

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

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

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

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

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

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