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The United States Constitution might give individuals the right to bear arms, but individuals must still follow the rules. North Carolina residents must meet very specific conditions to obtain a license to own and carry a concealed firearm. Maintaining the right to own a gun, as well as protecting one’s future, requires individuals to stay informed. Individuals who carry firearms must understand the rules and be aware of the risks. Here are two particular risks that individuals should know. 1. It is not necessary to use a gun to face criminal charges Individuals must remember that they do not even have to hold or fire a gun to face criminal charges. They could also face serious charges, fines and even jail time if: They have a gun on their person without a permit, or their permit is not readily available They are drinking or under the influence with a gun on their person Of course, the use of a gun could result in consequences that are much more severe than carrying a gun in a manner against the rules. For example, using a gun or even pointing a gun at another person could lead to charges of assault. Even so, it is critical to be aware of the risks that could come with even carrying a gun. 2. When carrying a gun, be careful where you go Even if individuals carry a gun legally, there are still some locations where it is against the law to have a firearm on one’s person. These places include: School campuses, which could lead to a felony Parades, festivals or public celebrations Places where alcohol is sold Government properties Private properties with posted signs It does not matter if individuals have a permit to carry a concealed weapon. If they have a weapon on these properties, they could face serious charges. What exactly are the charges? The charges individuals could face for carrying a firearm vary depending on the circumstances of their case. However, they could face prison time ranging from roughly 60 days to 25 months for illegally carrying a firearm. Even a first offense could put one’s rights to own a firearm at risk, as well as the plans they had for the future. If individuals wish to protect their rights, they must stay aware.

Facing a criminal investigation or criminal charges can be overwhelming. You find yourself worrying: what penalties will you face?  How can you protect yourself? This is why many people often take steps to get a criminal defense attorney on their side. Even so, many people might wonder why they should hire an attorney in the first place. Here are three reasons to consider seeking representation. 1. Defense attorneys keep you informed of – and protect – your rights Even if you face DWI charges or assault charges, you have specific rights under North Carolina law and the Constitution. However, there are often nuances that can be difficult to navigate in high-stress situations. For example, the Fifth Amendment of the Constitution protects individuals against self-incrimination. Commonly referred to as “Miranda rights,” these are your rights to remain silent and obtain an attorney, among others. However, it is critical to note that: Miranda rights often only apply when you are in custody and being questioned You must verbally invoke your Miranda rights This is only one example, but protecting your rights can often be more complex than it seems. A defense attorney can make sure you understand your rights clearly and secure them. 2. Attorneys understand the process The criminal justice system is a complicated one. However, a defense attorney can help you navigate this system effectively since they: Understand the legal process of criminal cases Know the rules law enforcement must follow Know how to negotiate and work with prosecutors Understanding the law and how it applies in these circumstances is critical to protect yourself. 3. They will work to mitigate the consequences you face Your biggest concern when facing criminal charges is likely the penalties. For example, DWI charges can lead to time in jail, significant fines and losing your driving privileges. Working with a defense attorney can help you mitigate these penalties by challenging wrongful police searches, making plea deals and investigating the evidence in the case. There is too much at risk when dealing with criminal charges. Consulting an attorney can help you reduce the risks you face and protect yourself in these challenging situations.

Alcohol consumption is often deeply integrated into college culture. This is partly because many individuals are students in college when they come of legal age to both buy and drink alcohol. It is not only students who are of age that partake in alcohol consumption either. There is a considerable rate of underage drinking that occurs on college campuses as well. Regardless of whether students are underage or have turned 21, it is critical for students and their parents to be aware of the risks they face if they deal with charges of driving under the influence. The first risk? Criminal charges Usually, the most serious risk that college students face is the consequences of criminal charges. In North Carolina, drinking and driving under the age of 21 is a misdemeanor, often leading to: License revocation for up to one year Up to 60 days of jail time Up to $1,000 in fines Students under 21 might face stricter penalties because of North Carolina’s zero-tolerance policy. But students 21 and older still face considerable penalties if charged with a DWI. Parents are often well aware that a DWI conviction on a students’ criminal record can no doubt affect students’ futures, as we have discussed in previous blog posts. A conviction can affect their ability to qualify for insurance and even certain employment opportunities. However, DWI charges can have immediate impacts on their educational aspirations as well. How do DWI charges affect students’ college careers? The criminal and administrative penalties outlined under North Carolina law are not the only potential ramifications of which students and families should be aware. Colleges and universities might also impose consequences on students facing DWI charges. In many cases, the illegal use of alcohol – including drinking and driving – is not only against the law but also against many schools’ codes of conduct and student policies. Take Duke University for example. A DWI, even if not on campus, violates their alcohol policy. This could lead students to face: Disciplinary actions for violating the policy Academic probation or blocks from registration for a semester Loss of scholarships or financial aid Suspension or removal from sports teams Driving under the influence might be a one-time mistake, but it can have serious lasting penalties. That is why it is especially important for students to seek experienced defense to protect their futures and opportunities.

The U.S. Constitution protects individuals from unreasonable searches and seizures by police. That is why, as many people know, North Carolina police usually need a warrant to search their property, such as their home or even their vehicle in some cases. But what about your cellphone? This device is something you have on your person nearly all the time. Moreover, it contains a significant amount of personal information, whether that is your private messages, search history or even your bank account information. So, does the Fourth Amendment protect your cell phone too? Do police need a warrant to search your phone? This is a complex matter – just like anything involving new technology. However, the Supreme Court ruled on this matter in 2014, stating that: A cellphone can include as much personal content as someone’s home and should be treated the same Police, therefore, need a warrant to look at the contents of the cellphone There are exceptions where police do not need a warrant, such as emergency situations. This applies to most situations involving a potential police search. However, a warrant is generally necessary to search the contents in the phone, even after police arrest someone. When it comes to data, things get more complicated Not everything you use or access on your cellphone is actually saved on the device itself. Most cellphone plans come with a data plan, allowing you to use your phone – and the internet – nearly anywhere you go. Using data requires the cellphone to connect and communicate, so to speak, with other devices. This information is not necessarily contained within your device, so do police still need a warrant for data? The answer to this question is complex. As of now, it depends on the type of data in question. For example: The Supreme Court determined that police need to obtain a warrant to access or utilize cell site location information (CSLI) data, or the data created or used when a cellphone connects to a nearby cell tower. However, data that goes through a third party is subject to the third-party doctrine. Essentially, when individuals use GPS or save things to the cloud, cellphone companies can often access this information. Police might not have to obtain a warrant to review information like this if it is by way of a third party that already has an individual’s consent. The combination of technology’s rapid advancement and legal nuance can be overwhelming, but it is important to understand the basic issues regarding them. After all, knowing your rights is the first step to protecting them.

Getting pulled over and charged with driving under the influence can very quickly turn someone’s life upside down. Individuals worry about what happens next, what will happen in their future and how it will affect everything they planned. These concerns often boil down to one question: how long will a DWI conviction stay on their records? Remember: DWIs appear on two records A DWI frequently leads to a combination of administrative penalties and criminal penalties. Along those same lines, DWI convictions also appear on two records: driving records and criminal records. And how long a DWI stays on one’s record depends on the specific record in question: Criminal record: A drunk driving conviction remains on an individual’s criminal record forever. In some cases, it is possible for individuals to get records expunged, but they must meet certain conditions. Driving record: A DWI conviction stays on one’s driving record for seven years in North Carolina. These seven years are the look-back period. The look-back period informs whether individuals face charges – and penalties – for a first offense or a second offense. For example, if someone faces DWI charges twice within seven years, the second time results in a second offense. However, if they face charges again seven years or more after their first DWI, it would be a first offense. Therefore, even though a conviction only stays on one’s driving record for seven years, it still poses a significant risk during that period. Convictions on both records can negatively affect the future The impacts that DWI convictions have on both one’s driving record and criminal record demonstrate why individuals must take charges seriously. If they do not, a conviction could continue to interfere with their lives long after the fact. Any background checks involve reviews of criminal records. Some also include a review of one’s driving record in some cases. The appearance of a DWI on these records can significantly affect: Employment and professional connections Housing applications Insurance costs and premiums Obtaining skilled defense and fighting DWI charges is important to manage these risks, as well as protect individuals’ futures.

Dealing with criminal charges is always alarming – and always serious. And facing any charge can leave individuals in North Carolina with many questions. What will happen next? What are their rights? These questions and concerns become even more critical if individuals learn they could face federal charges as well. Hearing this can come as a shock and also lead people to another question: how did the charges escalate to the federal level? What makes an act a federal crime? There are a few circumstances when a crime could result in federal charges. These situations include: If the action specifically violates federal laws, such as assaulting law enforcement officers If an individual charged with committing a crime or the criminal activity itself crossed state lines If criminal activity occurs on federal property, including courthouses or federal offices In some cases, if the criminal activity involves certain aggravating factors For example, mail fraud usually involves federal charges because it uses the federal organization of the United States Postal Service and frequently crosses state lines. This is also why many other white-collar crimes lead to federal charges. Do federal charges involve greater risks? It is true that federal crimes often lead individuals to face increased risks and consequences. State charges and federal charges can vary significantly. Additionally, federal charges involve different investigation and prosecution processes. But there are two primary issues individuals should be aware of in particular: Federal charges frequently involve greater penalties than state charges, including significantly higher fines and more jail time Individuals could face prosecution at both the state and federal levels, regardless of double jeopardy protections Several factors could turn state charges into federal charges. That is why individuals must take any criminal charges seriously, and take steps to protect their rights.

There is nothing easy about dealing with DWI charges. You could be left worrying about the legal and administrative penalties as well as how a conviction could affect your future. On top of the stress, there are also several tasks that individuals facing DWI charges must do. One of the tasks that North Carolina courts often require is the completion of a substance use assessment – but what is that? An assessment is often required If individuals face DWI charges, North Carolina law requires them to take a substance use assessment. Depending on the results of this assessment, you might: Have to attend a DWI education program Participate in a treatment program These assessments aim to determine if individuals suffer from addiction, as well as if they are at risk of a substance use disorder. Additionally, while these assessments can often be a mitigating factor when it comes to a DWI conviction, they are often still essential if you wish to regain limited driving privileges in certain situations. What does this assessment involve? There are specific authorized professionals and organizations who can complete the DWI assessments. Regardless of which provider individuals choose, the assessment generally includes: A review of the individual’s driving record Review of the relevant court documents Analysis of the Breathalyzer and blood tests An interview with the individual Completion of paperwork and questionnaires In many cases, the emphasis on treatment for substance use disorders is a positive matter. It can help individuals struggling with such disorders obtain the help they need. Even so, it is still critical that individuals take steps to fight DWI charges. Mitigating factors and seeking help is important, but a DWI on your record can jeopardize the future you had planned. That is why it is often helpful to seek experienced counsel to understand how to handle these charges effectively and protect your rights.

The terms “assault and battery” are almost always used together. That is why many people group them into the same category and charge. It is true that these charges are frequently combined, but they are not the same. And it is critical for individuals to be aware of the difference between these two, especially if they face criminal charges. What is the difference? The main difference between these two charges is: Assault is an action that causes someone to fear physical harm, including an attempt or threat of harm Battery involves actually harming someone physically The supposed threat and the act of harm often occur together, which is why it is so common to see assault and battery combined together in charges. No matter the differences, the charges are serious Many people facing the threat of criminal charges in North Carolina might not be concerned with the difference between these two terms under the law. Yet, they should understand them. Since they are separate charges, they often have separate penalties. If individuals face these compounded charges, then they could face compounded penalties as well. Charges of simple assault or assault and battery are often misdemeanors. However, individuals should not overlook even misdemeanor charges of assault. Additionally, many factors could escalate these charges into a felony, including: The use of a weapon Causing serious injury Harm to law enforcement officers Assault in the process of another crime The penalties individuals could face are serious, and having such charges on one’s record can create significant challenges for their future. Regardless of the charge, it is essential to understand the potential consequences and fight the charges as soon as possible.

There are many options individuals can take to avoid drunk driving and proactively prevent being charged with a DWI. Individuals can choose a designated sober driver or call a rideshare service, so they do not get behind the wheel after drinking. Some people might also consider sleeping it off in their vehicle, so they do not drive while impaired. However, this is not the safest option. Even choosing not to drive under the influence and “sleep it off” could put individuals at risk of facing criminal charges. Can you get a DWI even if you sleep it off? The term “driving while impaired” would imply that individuals must actually be driving to face DWI charges. But under North Carolina law, that is not always the case. “Driving” covers more than that single action – it also encompasses the operation of the vehicle. And operating a vehicle has a much broader definition than driving. This could also include many scenarios, such as: Having car keys on one’s person or in the ignition Sitting in the driver’s seat Being in the vehicle with the engine running Therefore, individuals could still face the risk of a DWI even if they park the car and fall asleep behind the wheel. Essentially, if police can infer that an impaired individual had the intention to drive or could have operated the vehicle, they can charge them with a DWI. Sleeping it off might raise suspicion too In North Carolina, police must have probable cause to: Pull someone over in a traffic stop Arrest the individual Unfortunately, while sleeping it off might seem responsible, it might also lead police to believe the individual is impaired. These circumstances can make DWI cases much more complex than they already are. It is critical that individuals understand these risks so they can take steps to prevent these situations, as well as defend their rights if they face such charges.

Receiving probation can feel like a relief after facing criminal charges. However, it is critical that individuals understand the terms of their probation fully as they move forward, so they can protect themselves and avoid the effects of a violation. What exactly counts as a violation? If the court orders probation, they will outline specific conditions and rules individuals must follow. These conditions can vary significantly. After all, they will depend on the individual’s circumstances and the criminal charges they faced. Under North Carolina law, the conditions of probation could include, but are not limited to: Fulfilling community service Paying court-ordered fines Seeking treatment for substance abuse Not using or possessing illegal drugs Submitting to periodic drug tests Submitting to monitoring Failing to adhere to any of these conditions or rules is generally considered a probation violation. Some violations can have more severe penalties There are two probation violations that North Carolina courts consider to be more serious than those listed above. These actions – called substantive violations – are: Absconding, or purposely avoiding supervision Facing new criminal charges above a Class 2 misdemeanor Individuals should not overlook the risk of probation violations. They could face serious consequences as a result. Depending on the type of violation and the individual’s situation, courts might order jail time or restrict the existing conditions further. Substantive violations could even lead to the revocation of probation. The court does not take these violations lightly, and individuals must take great care to understand their rights as well as the rules of their probation to protect their future.

Commercial drivers spend most of their time on the road. Therefore, obtaining and maintaining their commercial driver’s license (CDL) requires them to meet high safety standards when behind the wheel. They must be especially careful when it comes to the risk of impaired driving. That is why drivers must understand all of the challenges they could face if they deal with DWI charges. DWIs are a serious risk for commercial drivers Most commercial drivers know that they face serious penalties if they drive impaired. This includes all kinds of individuals who drive for a living, from truck drivers to bus drivers. All of these drivers are subject to North Carolina’s zero-tolerance standard, but what does this standard mean for drivers? It significantly increases the consequences and risks that commercial drivers could face. For example: It is against the law for commercial drivers to operate a vehicle with a blood alcohol content (BAC) of .04 percent, which is half the legal limit North Carolina law generally requires disqualification of a driver’s CDL for one year after a first offense Commercial drivers do not have limited driving privileges with a disqualified license If commercial drivers face a second DWI offense, they could lose their CDL for life. What if drivers are not in a commercial vehicle? As mentioned above, commercial drivers are held to higher standards than most other drivers – even when they are not on the job. It is important to note that if a commercial driver faces DWI charges involving a BAC of .08 percent or higher in their own vehicle, they could still face significant penalties. For example: North Carolina law will still disqualify their CDL for one year They could face consequences with their employer Getting another job as a commercial driver could prove challenging This is often in addition to the criminal and administrative penalties that come with a DWI conviction, including fines and jail time. Any history of DWI charges or other moving violations could put a commercial driver’s career in jeopardy. This, in turn, can put their financial health and family at risk. Therefore, drivers must take these charges seriously and take steps to protect their rights and futures.

Facing an accusation of theft from an employer is both shocking and overwhelming. It is not something that individuals should take lightly. They must act quickly to protect their rights and best interests. Therefore, it is critical for individuals to understand: what is necessary to prove embezzlement? Prosecutors must prove four elements Embezzlement is one of the most common white-collar criminal charges, but what do these charges entail? According to the U.S. Department of Justice, an act is considered embezzlement if: The individual took or held property legally, due to a fiduciary relationship They obtained such property because of their employment They fraudulently converted or used this property for their own benefit They intended to embezzle money and prevent the other individual from using it It is essential for prosecutors to prove all of these components to convict someone on charges of embezzlement. Why should you be aware of these elements? This is a common question individuals have when facing such charges. However, the answer is quite simple. If the prosecution must prove these elements to convict someone, then it is critical for the defense strategy to identify and disprove the same factors. Intent is one of the most critical variables for individuals to consider. For example, North Carolina law specifically states that someone could be charged with embezzlement only if they: Knowingly took funds for their own uses; or Took money with full intention to embezzle it. The key words in state law are “knowingly and willfully” misappropriating these funds for one’s own devices. If an individual did not intend to misuse funds or even take them, the charges they face cannot involve embezzlement. That is why the emphasis on intent is not only important for the prosecution, but for the defense as well. If individuals can prove a lack of intention, they can potentially reduce or eliminate the serious charges – and penalties – they face.