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Evidence is at the center of any criminal case. Some forms are considered reliable, such as DNA evidence or ballistics. Meanwhile, other forms have come into question, such as eyewitness testimonies. According to recent reports and movements, another heavily used form of evidence is under fire as well. First: Remember you are “innocent until proven guilty” You have likely heard that when facing criminal charges, you are “innocent until proven guilty.” This means that the burden is on the government to prove someone is guilty of a crime beyond a reasonable doubt. It is not up to the individual facing charges to prove their innocence. This is one of the reasons why evidence plays such a large role in criminal cases. What kind of evidence influences criminal cases? There are many types of evidence permitted in criminal cases, including, but not limited to: Eyewitness testimony Physical evidence from crime scenes Physical evidence from legal searches Test results or documentary evidence Another common form of evidence includes expert testimony. An expert witness could be a medical professional or a blood-spatter analyst who can provide testimony related to a particular aspect of a criminal case. It is common to see this kind of testimony in films or television programs when prosecutors call doctors to the stand. However, it has been up for debate for many years. What are the issues surrounding expert witnesses? Over the years, the role – and effect – of expert testimony has come into question. Reuters reports that issues and errors in forensic sciences, and the experts reporting about them, can increase the risk of false convictions and wrongful imprisonment. That is why there is a new proposal to amend the Federal Rules of Evidence to ensure a party must prove expert testimony is admissible – or relevant to the case – just like any other type of evidence they bring before the court. This debate has a long history, and there are questions about whether this proposal will make a significant difference in criminal cases. For the time being, expert witnesses will likely continue to play a role in certain cases. This is just one of the reasons why it is important for individuals facing criminal charges to get experienced defense on their side.

As we discussed in the last blog post, interactions with police can be stressful, especially considering that police do not necessarily have to tell the truth in certain situations. However, what about from your perspective? What should you do if you must interact with the police? Here are some critical tips to remember. 1. Use your right to remain silent “You have the right to remain silent” is a common enough phrase to hear, but it bears repeating – and remembering. Police may not have to inform you of your Miranda rights, or your rights under the Fifth Amendment of the Constitution unless you are: Under arrest In police custody Under interrogation Even so, you still have the right to remain silent. This is a critical right to protect you against self-incrimination. Additionally, North Carolina does not have a “stop and identify” statute. This means that you do not even have to provide your name or identification if the police stop you on the street. This does not apply to a traffic stop, where you may have to provide your license. However, you have the right to remain silent and politely refuse to answer questions in both of these situations. 2. Remember one question While you should state that you wish to remain silent and adhere to that, there is one question you should remember to ask: “Am I being detained?” As National Public Radio highlighted in 2020, this is an important question if the police stop you, whether you are on the street or in your car. If the answer is no, you have every right to stop the interaction and leave. 3. Being civil is the best route Remaining civil can seem difficult in situations involving police. This is especially true if: The police ask demanding and aggressive questions You are angry and scared You did not do anything wrong However, acting aggressively in return can make the interaction last longer than it needs to – which could put you at risk. In certain situations, it could even lead to being detained or arrested. Therefore, staying civil throughout the interaction is important to protect yourself.

It often seems that felonies are more serious than misdemeanors. Many people think this is true, especially since misdemeanor charges do not always involve jail time. While misdemeanors may have less severe penalties than felonies, that does not mean they are not serious. Individuals should not underestimate the risks of facing misdemeanor charges. Misdemeanors still pose a threat Like felonies, North Carolina law divides misdemeanors into categories called classes. There are four classes: Class A1, which are the most serious, and include stalking and child abuse Class 1, which includes assault and battery or larceny Class 2, which includes charges of disorderly conduct or hazing Class 3, which includes charges such as shoplifting or violating court orders The penalties for a Class 3 misdemeanor – the class often with the lesser penalties – could have consequences ranging from up to 30 days of community service to the maximum sentence of paying a $200 fine and spending 30 days in jail. Prior convictions on one’s criminal record also influence the penalties of these charges, regardless of the class. Therefore, misdemeanors are not often as minor as many people might think. Less severe penalties, same effects The criminal penalties individuals face for a misdemeanor charge vary, but overall, they may seem less severe than a felony. However, the long-term effects of both misdemeanors and felonies often feel the same. A conviction still ends up on one’s criminal record, which can cause serious challenges in the future, including: Losing job opportunities Suspended driver’s licenses Less housing opportunities The risk of deportation In fact, a 2014 article highlights the challenges one man faced with a misdemeanor charge on his record, and the obstacles he still faces today. Any criminal charge could seriously impact one’s life and future. Therefore, any criminal charge must be taken seriously.

Any interaction with North Carolina police can be stressful – and risky. They ask demanding questions and may even accuse you of violating the law or committing a crime you did not. The risk involved in these interactions becomes even more clear when you wonder: is it possible for the police to lie to you? The myth: Police cannot lie It is a common myth that police officers cannot or do not lie to suspects. In fact, legal precedent even allows police to engage in certain forms of deception. The American Psychological Association (APA) reports specific examples that police frequently use, including: Stating that a suspected accomplice confessed when they did not Claiming they found fingerprints or DNA evidence at the crime scene Insisting they have other evidence, such as photographs or videos of the crime The APA notes there are specific limits to these tactics. For example, a deceptive tactic cannot undermine your rights, such as the protection against self-incrimination. When is it most common for police to use deception? Most officers use deceptive tactics in the interrogation room to try and obtain a confession. There are still rules police officers must follow in these situations, but as mentioned above, police can often still lie in certain instances. It is critical to note that false representation or lying is explicitly not allowed in the event of a search. Whether police claim they have a warrant when they do not, or if they are not straightforward about what they are searching for, it is a violation of your rights. Both of these situations would mean they conducted an illegal search. Remember your rights The most important thing to take away is to make sure you understand and take advantage of your rights. You may not be able to determine if an officer is lying or not. However, you can ensure you: Clearly state you will remain silent Politely say you would like a lawyer present In the event of a search, ask to see the warrant Protecting your rights is paramount in any interaction with the police.

Welcoming the holidays means seeing family, exchanging gifts and enjoying plenty of food and drink. Those drinks are frequently alcoholic as well. It is no secret that many people drink more alcohol around the holidays. A 2018 study found that individuals drink double the amount of alcohol around the holidays than they do year-round. However, the increase in drinking has a direct correlation with an increase in drunk driving. Law enforcement knows this, which is why individuals must be aware this holiday season. More alcohol flowing means more enforcement Each year, North Carolina launches the “Booze It and Lose It” campaign around the holiday season. According to the North Carolina Department of Transportation (NCDOT), this anti-drunk driving campaign is one of the most effective in the nation. But what does that mean for drivers this holiday season? It generally means they will face: A sharp increase in DUI checkpoints Increased law enforcement on the roads This campaign generally stretches from mid-December, before Christmas, to a few days after New Year’s. Celebrating? Be on your guard. As the holiday season approaches, it is critical to be aware of this risk and prepare – so you can avoid the serious consequences that could come with a DUI charge. It is particularly important to: Plan ahead: As many online sources say, if you plan to drink at holiday parties or get-togethers, you should take time to plan ahead. Arrange a sober driver or plan to use a rideshare service to get home. Understand how checkpoints work: Even if you plan ahead, it is still a good idea to prepare and learn how checkpoints work. For example, while it is not an ordinary traffic stop, you should still only stick to basic information when speaking to the police. Know your rights: It is always critical to make sure you understand your rights in the event of a traffic stop – and especially in the event of an arrest. Take advantage of your Miranda rights to protect yourself in these situations. The risk of a DUI should not overshadow your holiday. That is why it is important to be proactive and protect your rights.

When people think of wire fraud, they often think of phishing scams or phone call schemes. However, picking up the phone is not the only way someone could end up facing charges. The definition of wire fraud covers much more ground than that nowadays. So, what does it encompass? Many things could qualify as wire fraud Wire fraud must involve obtaining payments or someone else’s financial information through deceptive, digital means. That fact does not change. However, what does change is the means of communication or wiring. Charges of wire fraud could stem from any fraudulent actions or transactions that take place over: Email Phone calls Text messaging Social media messages In the increasingly digital world that we live in today, the wide range of situations and actions wire fraud could involve poses a serious risk. Note: Intent is still necessary Of course, operating on these platforms is not the only risk of facing wire fraud. There are many other factors that prosecutors must prove to charge and convict someone of wire fraud charges. Particularly, they must prove that someone had the intent to commit fraud. Even so, being aware of the variety of actions and details that could lead to charges is critical. What are the other risks? Allegations of wire fraud could lead to other risks as well. There are two specific issues that individuals should be aware of in these cases: Wire fraud is a federal crime since wiring money often crosses state lines. Therefore, individuals could face both state and federal charges. Charges of wire fraud can often involve other charges as well, such as internet fraud, which could compound the charges and consequences individuals face. These are already very serious charges that should not be taken lightly. That is why it is critical to be aware of all of the risks involved. That way, you can protect yourself against them.

Regardless of the type of criminal charges you face, one of the first questions on your mind is how you can eliminate the charges – or at least reduce them. That is why it is critical for individuals to understand their rights, including the right to legal counsel. However, it can also help to understand the matters that courts might consider to reduce the charges. These mitigating factors could make a big difference in minimizing the charges and risks individuals face. Certain circumstances can help reduce charges As the term implies, mitigating factors are details or circumstances that can potentially counteract and minimize criminal charges. In North Carolina, these factors can include, but are not limited to: If the individual does not have a criminal record If they were under duress to commit the crime If they played a minor role in the crime If they have a mental condition that affects their reasoning and responsibility If there were extenuating circumstances involving the victim While the more well-known aggravating factors can significantly increase the charges and penalties individuals could face, mitigating factors can have the opposite effect. Important note: Mitigating factors can often work subjectively Even though North Carolina law specifically lists these mitigating factors, it is not set in stone that they will always affect a criminal case. These matters are quite subjective and they depend on several other details, including: The charges and type of crime committed The judge Other relevant details of the situation A defense attorney will investigate all of the circumstances surrounding the charges to identify any of these factors and build a strong defense. Even so, it is important to be aware of these mitigating factors, as well as how they can help you in the event you face criminal charges.

One’s blood alcohol concentration (BAC) can play a big role when facing DUI charges. The ratio can even affect how severe the charges are. So, how does this calculation work, and what does it mean? What exactly is BAC? First, it is important to note that the human body does not digest alcohol like it does food. It is absorbed into the blood through the stomach lining. Therefore, as the term indicates, one’s BAC indicates the amount of alcohol in the blood. The specific ratio calculates the milligrams of alcohol per 100 milliliters of blood. This helps determine the effect alcohol has on someone. Most people know that the legal BAC limit in North Carolina is 0.08 – or 80 milligrams of alcohol per 100 milliliters of blood. However, that does not mean that a BAC below 0.08 means you are in the clear. Individuals could still face DUI charges if their BAC is below the legal limit, but they still show signs of impairment. Alcohol is not the only factor that affects BAC The amount of alcohol you ingest is not the only thing that determines your BAC. There are many other elements that influence this, including: The type of drink, or the alcohol content of each drink The amount of food in your system Your weight and size Medications you are on Other physical conditions These factors combined with the alcohol consumed can cause BAC to vary widely from person to person. Is the BAC calculation accurate? Even though various factors aside from alcohol intake impact BAC, the ratio itself is often an accurate determinant of alcohol in the blood. However, there are a few things that might not be accurate, including: Charts calculating BAC: There is no shortage of charts and calculations online that demonstrate BAC levels and how they might impair someone. However, since everyone is different and every scenario is different, these do not always provide an accurate portrayal. Breath tests: Many studies have determined that Breathalyzers and breath tests conducted during traffic stops are not always accurate in determining BAC. Blood tests are far more accurate. It is critical to be aware of how BAC works – as well as the potential issues surrounding how alcohol affects individuals. This knowledge can play an important role in fighting DUI charges.

In previous blog posts, we have discussed how the type of drug and the amount of a drug can have a considerable influence on the severity of charges individuals face. However, what if the substances are essentially the same, but result in widely different charges? For many years, that has been the case with incidents involving crack and powder cocaine. Now, lawmakers are looking to change that. Report: Federal lawmakers aim to eliminate sentencing disparities At the end of September, the House of Representatives passed the Eliminating a Quantifiably Unjust Application of the Law Act (EQUAL Act.) The goal of this act is to reduce the significant differences in sentencing between charges involving crack cocaine and powder cocaine. These disparities have been in place for nearly 40 years. What should individuals know about this potential change? There are a few important details. This law would: Eliminate ratios: For years, law enforcement used a ratio of 100 to 1 when it came to powder cocaine charges versus crack cocaine charges. This essentially meant that an individual possessing one gram of crack cocaine would face the same charges as someone possessing 100 grams of powder. This ratio decreased over the years, but the EQUAL Act would eliminate ratios altogether. Retroactive application: Many individuals – particularly people of color – are currently serving long sentences for crack cocaine charges. The EQUAL Act would apply retroactively, reducing these sentences significantly. The bill must still pass the Senate, but many believe that the EQUAL Act has high chances of becoming law. What about charges in North Carolina? If the EQUAL Act becomes law, the changes in sentencing will apply at a federal level. This is good news for individuals who face federal drug charges. However, will the system here in North Carolina change as well? Under state law, cocaine is a Schedule II drug, which could result in penalties involving: Misdemeanor charges, a $2,000 fine and two years in prison for possession Felony charges, fines between $50,000 and $250,000 and ten years in prison for trafficking While the schedules do not differentiate between crack cocaine and powder cocaine, there is a history of unfair sentencing at the state level. However, in February, the attorney general supported the First Step Act and called for action to allow individuals to obtain fair resentencing for crack cocaine charges. It seems that changing these sentencing processes is a priority at both the federal and state levels. This change is a critical step for the future and the justice system overall.

The man who fatally slashed his uncle during a 2018 family gathering in Clinton was sentenced. Resident Superior Court Judge Henry L. Stephens sentenced Jamaal Peterson, 42, to not less than 13 years, ten months and not more than 17 years, eight months, for second-degree murder. According to news reports, the fatal attack took place in September of 2018 at the home of the recently deceased family matriarch, who was the grandmother of the defendant and mother-in-law of the victim. The family had gathered there after the funeral’s conclusion to spend time together. According to witnesses, the defendant’s mother and the victim had a short disagreement over a thank you card to be sent to an individual who sent flowers to the matriarch’s funeral. The defendant’s mother called over her two boys during the argument to get involved. The dispute, which was never physical, was then set aside. The defendant then went to the kitchen and grabbed a large serrated knife which he then took to the bedroom of the victim and his wife. The defendant slashed the victim’s upper arm, severing his left axillary vein and artery. The man lost consciousness before medical help arrived and died soon after that. There is no question that the entire family was grieving the loss of the matriarch, but this turn for the worst likely left the family irreparably damaged. Second-degree murder charges fit the crime The defendant, who had traveled from California for the funeral, was certainly grieving the loss of his grandmother. Nevertheless, the second-degree murder charge fits the circumstances. There was no premeditation beyond his response to the incident involving the card. Despite the mitigating circumstances, the killing was nevertheless intentional and involved a deadly weapon. The sentencing was perhaps a little shorter than average – the sentence for second-degree murder is typically 15 years to life. The defendant’s attorney no doubt discussed the heightened emotions that roiled the family on the day of the funeral and the lack of premeditation. There was no mention of any prior criminal history in the news, which likely means the attack was an isolated incident fueled by raw emotion.

Atom Cameron was initially charged with second-degree murder for killing Colby Lucas. The incident took place on September 25, 2018, around 2:20 p.m. at Circle K in Durham. He was subsequently charged in 2019 for possession of a stolen firearm and two drug charges. In October of 2021, Senior Resident Superior Court Judge Orlando Hudson downgraded Cameron’s sentence to voluntary manslaughter, a sentence of seven to nine years, under a plea deal. Family complains about leniency According to news reports, the victim’s mother said of the sentence: “It’s not enough time… People get more time for drugs than people that take a life. It is not looking after the victim's family at all." The victim was 29 years old and had children ranging from two to 12 years old. The shooting Cameron told the police that Lucas entered the Circle K parking lot at a high rate of speed as he was leaving. Both drivers were forced to stop suddenly, leaving the two men to throw their hands into the air and stare at each other. Cameron then began to drive away when Lucas said something. This prompted Cameron to back up and get out of his truck, standing by his open door with his hidden hand on a pistol. The men exchanged words, and then Lucas struck Cameron, prompting Cameron to push Lucas away and then shoot him in the shoulder and neck. Lucas ran into the store but bled to death there. Previous record Atom Cameron already served about seven months before the plea hearing. He had no criminal history beyond the 2019 charges, but he was linked to another road rage incident where he was charged for driving offenses but not convicted. He was remorseful and apologized to the family in open court. He got lucky Judges and prosecutors are not always open to plea deals, so it appears that Cameron got the lesser sentence because he did not initiate the incident, and he defended himself. It also fits the voluntary manslaughter’s definition of the incident resulting from a sudden quarrel. The second-degree murder charge includes sentencing that is not less than 12 years to life in prison. Despite both charges involving intentional but unpremeditated killing, Cameron’s voluntary manslaughter sentence could end up being a little over half as long as the second-degree sentencing. Regardless of whether you agree or disagree with the plea bargain, it’s safe to say that Cameron got lucky that his plea deal worked out.

Many people take “trafficking” and “distributing” to mean the same thing when it comes to drug charges. After all, it is a common myth that trafficking charges stem from a much larger scheme to make money. But this is not true. So, what exactly constitutes a trafficking charge? First: Two variables impact all drug charges The consequences and classification of any drug charges heavily depend on two factors: The amount of drugs involved The type of drug involved These factors can still affect how severe the penalties are for both distribution and trafficking charges. However, there are two other factors you must be aware of that can affect which of these two charges you might face. How are distribution and trafficking different? The term “trafficking” leads many people to believe that drug trafficking charges stem from the widespread distribution of illegal substances. But that is not necessarily true. There are two critical factors that differentiate these charges: The transport of illegal substances is what leads to charges of drug distribution The weight of the illegal substances found is what can result in charges of drug trafficking North Carolina law states that drug trafficking charges essentially involve the manufacturing, selling and distribution of drugs. All of these actions could lead to drug trafficking charges under state or federal law. However, it is the amount of drugs – not the transportation of them – that plays the largest role in determining a trafficking charge. For example, state law indicates that even possessing between 10 and 50 pounds of marijuana alone could lead to a trafficking charge. Why should you know the difference? Trafficking charges are some of the most serious drug charges you could face. And unlike the common belief mentioned above, it does not take much to land with these charges – and the risks they pose. Distribution and drug trafficking are both felonies. While drug trafficking charges generally have more serious penalties, you should take both charges very seriously and take steps to defend your future.