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Small choices that someone makes throughout the day can affect their life in ways they can't reasonably foresee. For example, the foods and beverages that someone enjoys could directly lead to their prosecution for an impaired driving offense. Obviously, the consumption of a glass of wine, a cocktail or a beer can increase someone's blood alcohol concentration (BAC). The average adult can tolerate roughly one alcoholic beverage per hour without putting themselves at risk of drunk driving accusations. Depending on what else someone has consumed during the day, they may find that breath test results show that they are over the legal limit. + Eating proactively can lower someone's BAC One of the biggest mistakes people make when enjoying alcohol in a social setting is the failure to eat before consuming alcohol. Drinking on an empty stomach means that there's no food to delay the absorption of alcohol. People can go from sober to drunk relatively quickly on an empty stomach. Eating before drinking and while drinking can help reduce someone's BAC. Certain items can increase BAC People generally know when beverages contain alcohol, but there are certain drinks that they might enjoy without thinking about the consequences. Kombucha, for example, is a fermented beverage with a low level of alcohol. Especially when enjoying someone's homemade kombucha, there could be an unusually high amount of alcohol in the drink. Baked goods might have some alcohol left behind by the fermentation process of yeast. Some meals and desserts include alcohol as a key flavoring component. Often, these dishes involve baking or starting a fire to burn off the alcohol, but some of it may still be present when someone enjoys their meal. Additionally, it is worth noting that there are also certain medications and hygiene practices that could alter someone's BAC. Using an asthma inhaler right before getting pulled over might lead to a false positive on a breath test. Breath sprays, mouthwash and even some over-the-counter medications could also affect someone's BAC test results. Those who don't understand how they failed a breath test may need to look at alternate explanations as they prepare to fight impaired driving charges. Learning more about what can affect BAC testing may benefit those accused of drunk driving, accordingly.

When it comes to drug laws in North Carolina, understanding the difference between simple possession and intent to distribute is crucial. Whether you're in Raleigh, Durham, or anywhere else in the Tar Heel State, knowing these distinctions can significantly impact your life. Let's dive into the topic, focusing on two common drugs: marijuana and heroin. Possession of Marijuana and Heroin in North Carolina In North Carolina, possessing a small amount of marijuana is a misdemeanor. This means law enforcement catching someone with a personal-use quantity that is less than 1.5 ounces. The defendant might face fines or even a short jail sentence. But the stakes are much higher with heroin. Even a tiny amount can lead to serious felony charges, as heroin is considered a Schedule I controlled substance. A conviction can lead to many years in prison. So, When Does Possession Turn into Intent to Distribute? The line between possession and intent to distribute isn't always clear, but there are several factors that law enforcement and the courts consider. Here's what might shift a possession charge up to intent to distribute: Quantity: Holding a larger amount of drugs than one would typically have for personal use can suggest an intent to sell or distribute. Packaging: If the drugs are found in separate bags or packages, it might indicate that they're meant for sale. This type of packaging is different from what you'd expect for personal use. Paraphernalia: Items like digital scales, large amounts of cash, or materials for packaging drugs can also suggest distribution. If a person in Durham has these items along with drugs, the police might suspect they're involved in selling. Location: Being caught with drugs in a place known for drug sales can also contribute to a charge of intent to distribute. Statements and evidence: Sometimes, what a person says or texts can indicate their intentions. If there's communication evidence that suggests they're selling, it can be used against them. Consequences of intent to distribute The consequences for intent to distribute are much more severe than simple possession. They can include long prison sentences, hefty fines, and a permanent mark on your criminal record. These penalties can affect your ability to find a job, secure housing, or even further your education. A knowledgeable attorney can help defendants understand the charges, the potential consequences, and the best defense strategy for their situation.

Controlled substance law enforcement efforts have been a law enforcement priority for years. Police officers often look for those involved in the drug trade, and they also arrest anyone that they catch in possession of prohibited or controlled substances. Social attitudes about drug use have certainly changed in recent years, and many states have implemented more lenient drug laws. However, North Carolina does not necessarily have a lenient approach to drug crimes. Residents and visitors can expect that law enforcement professionals are typically on the lookout for signs of illicit drug use or trafficking. What do the most recent drug arrest statistics from around the state indicate about law enforcement priorities? Drug enforcement remains a top concern Number of arrests reported actually decreased substantially between 2021 and 2022. In 2021, there were 38,291 adult arrests for drug crimes across North Carolina. The number of arrests dropped to 34,025 in 2022, which was an 11% decrease. However, that trend is not necessarily an indicator of increased leniency in the penal system. Instead, it may reflect a focus on more serious drugs, including heroin, fentanyl and other opioids. The sad fact is that addiction is not necessarily less common just because the drug crime arrest rate declined. In fact, data from 2022 shows that roughly 11 people in North Carolina died every day that year due to some kind of drug overdose. A large percentage of those tragic cases involved fentanyl, heroin and opioids. A desire to protect people from substances that could cause a fatal overdose or leave them struggling with addiction might lead to police officers prioritizing more complex cases instead of quick arrests. At the end of the day, anyone arrested for a drug offense in North Carolina can expect that prosecutors may ask the courts to impose the harshest penalties possible. Particularly in cases involving allegations of trafficking, a desire to set an example might lead to defendants facing a very serious sentence. Yet, there are certain options potentially available to those accused of a drug offense in North Carolina, including requesting adjudication in the drug courts. Understanding trends in law enforcement activity could help some people avoid arrest and others better respond to pending charges.

With few exceptions, homicide is probably the most serious criminal charge prosecutors can file against an individual. Someone accused of a homicide offense caused the death of another person. Not only do homicide charges risk severe penalties, but they can also burden someone with a criminal record that may close many doors to them in the future. Depending on the circumstances that led to someone's untimely passing, there are a number of different charges that a North Carolina prosecutor could bring against someone implicated in their death. First-degree murder First-degree murder is the most severe homicide charge possible. A prosecutor charging someone with first-degree murder believes that one person intended to cause the death of another and went so far as to plan for that outcome. First-degree murder is a Class a felony brought when prosecutors believe that premeditation led to a murder. Second-degree murder Sometimes, an individual does not plan to harm someone else but still causes their death. A fight that goes too far, for example, might lead to second-degree homicide charges. Second-degree murder involves a lack of premeditation but also a reckless disregard for the safety of others. Second-degree murder is a Class B1 felony offense. Felony murder Felony murder is a subset of first-degree murder. The state can charge someone with felony murder when they cause the premeditated death of another person during the commission of another felony offense, such as a robbery. Like first-degree murder, felony murder is a Class A felony. Voluntary manslaughter Unlike murder charges, manslaughter charges reflect a scenario in which someone did not have the intent to deprive someone else of their life. Voluntary manslaughter charges arise after scenarios in which someone becomes emotionally or mentally disturbed and lashes out at another person. A voluntary manslaughter case might involve a crime of passion and could lead to Class D felony charges. Involuntary manslaughter Sometimes, people cause the death of another person without intending harm. Someone who was negligent or reckless could end up accused of involuntary manslaughter. So could someone who causes a death unintentionally during the commission of a non-felony criminal act. Involuntary manslaughter is a Class F felony. Vehicular homicide North Carolina prosecutors can charge someone with a class felony if they kill someone with a vehicle. Both reckless driving and drunk driving scenarios may lead to vehicular homicide charges. Understanding the specific murder charge the state intends to pursue may help people plan a more effective defense strategy when accused of what could be a capital offense.

The Second Amendment is one of the most frequently-cited additions to the constitution. It extends the right of individuals to lawfully bear arms and also to form a well-regulated militia with other individuals. Yet, most people make greater use of the first right more than the second. They may possess firearms for sport or home defense. They may even require a firearm to perform their job, as is the case for law enforcement professionals or members of the military. Although people may take for granted that they have the right to lawfully possess arms regardless of their circumstances, there are a handful of scenarios in which it is not legal for someone to own a firearm. After certain criminal convictions Those convicted of certain criminal offenses, including misdemeanor domestic violence convictions, are subject to restrictions on firearm ownership in the future. Felony convictions can also affect someone's Second Amendment rights. After a mental health diagnosis There are a variety of serious mental health disorders that might make someone a danger to themselves or others. Those diagnosed by medical professionals with particularly serious mental health challenges may become ineligible for future firearm ownership, as are those subject to involuntary commitment at a mental health hospital. After dishonorable discharge from the military Some people have to leave the military for reasons beyond their control, such as medical issues that prevent them from fulfilling their responsibilities as a servicemember. Most people who leave the military do so after completing their term of service, but a small minority have to cease serving in the military because of some kind of misconduct. Those dishonorably discharged from the military typically lose their right to possess firearms after they exit the military. After a loss of testamentary incapacity Some people experience cognitive decline as they age. Others may develop cognitive challenges due to a traumatic injury or a serious illness. Anyone who does not have the mental capacity of an adult could end up losing their right to lawfully own firearms. In some cases, those who have lost their right to firearm ownership can have those rights reinstated by going to court. Understanding the rules that limit the Second Amendment may help people protect themselves from prosecution or take steps to regain their rights.

Facing criminal charges can be one of the most stressful things you have ever experienced. Suddenly, your whole life and future are at risk, and you do not know how to move forward. One of the first steps to take is to obtain a good defense. However, what does that defense entail? There is a lot of work and many steps that go into an effective defense. However, these three elements are critical: 1. Extensive investigation A good criminal defense attorney conducts their own investigation. Attorneys will look into many aspects of the entire case, particularly: The act that led you to face criminal charges The details and process of the police investigation Evidence plays a significant role in defense. That is why defense attorneys will dive deep into their own investigations to gather evidence and ensure they understand all of the details of your situation. This process may involve a partnership with other professionals, such as other investigators or medical professionals. 2. Knowledge and strategy Defense attorneys will then use their extensive knowledge of the law to protect your rights. For example, say the attorney finds that North Carolina police violated your Miranda rights during the interrogation. They can file a motion to suppress the evidence collected in that interrogation due to the violation of your rights. The attorney’s knowledge of the law will also play a large role in strategizing how to protect your best interests. Whether that is through negotiating with the prosecutor to drop or reduce the charges, making a plea deal or preparing for trial to fight for you. Never underestimate experience. Even though every case is different, attorneys can use their experience to give you an advantage. 3. Protecting you You are also a key element in the defense process. As mentioned above, a defense attorney should prioritize your best interests and protect your rights. This means that they should: Explain every step they take to you Make sure you fully understand your rights and options Always work to protect you – not themselves While a defense attorney cannot promise an outcome, they should always do everything in their power to protect your rights and you. You should come first, as the case and the charges directly impact your life.

It may be the last thing you expected after one glass of wine with dinner, but the police pulled you over for speeding – and now you are facing charges of driving while impaired. Even if you did not feel impaired, the presence of alcohol in your system can lead to these charges. If this is a first-time DWI charge, it can be overwhelmingly stressful. What are the risks of a first-time offense? More than criminal penalties are on the line You may be fully aware that you could face criminal penalties. Under North Carolina law, even a Level V DWI – which is the least serious offense – can involve various criminal penalties, including: Jail time Financial penalties Community service However, you could face more consequences than criminal penalties. These offenses often lead to license suspensions or revocations, and even more fines at the administrative level as well. The effects could be long-lasting The effects of a first-time DWI conviction can linger for quite some time on many levels, including: Penalty-wise: License suspensions or revocations can often last up to one year. Losing the convenience of a license can be stressful, and make commutes and any travel time significantly longer if you must rely on rideshares or public transportation. On top of that, North Carolina often requires you to attend some sort of substance use program or treatment after a DWI conviction, so you will have to make time for this as well. Emotionally: It is important not to overlook the mental and emotional toll that criminal charges can have on you. Especially if this is a first-time offense on your record, you may feel immense guilt, shame and anger. These emotions often linger as well, considering the long-term effects of a DWI. Time also becomes a factor when seeking defense. To proactively manage these risks and help keep your record clear, you must obtain legal counsel immediately to fight DWI charges.

Nowadays, marijuana can be a controversial topic. The rules now vary by state, with some states decriminalizing and even legalizing marijuana use. Keeping up with the details of the nationwide debate over cannabis can be complex. However, here are some important elements that individuals in North Carolina must know. Reminder: Marijuana is still illegal in NC Marijuana use is still against the law in North Carolina. State lawmakers have put forward bills to legalize marijuana, but the outcome of these proposed changes in law is uncertain. Many other states legalized the substance, including Virginia, our neighbor to the north. Even federal regulations are changing, albeit slowly. This is still not the case in North Carolina. Regardless of whether it is for medical or recreational use, marijuana use could put you at risk of facing: Misdemeanor charges for possession, depending on the amount Felony charges for trafficking or selling the substance Marijuana is a Schedule VI drug under North Carolina law. This means it is less addictive and dangerous than other controlled substances. Therefore, marijuana possession may not carry the same penalties as cocaine possession, but that does not mean the charges are less serious. Opinions might vary regarding marijuana across the country, but a conviction on your record could still pose a serious risk to your future. Marijuana charges are up in North Carolina Despite being illegal in our state, it seems that the use of marijuana is widespread. According to the U.S. News & World Report, North Carolina has the third highest rate of arrests for marijuana in the country as of 2021. As we have discussed before, increasing rates of a particular offense often result in increased attention from law enforcement. You must take steps to protect yourself against the risk of criminal charges.

As we have discussed in previous blog posts, driving under the influence of alcohol is not the only way someone could end up facing DWI charges. Driving with drugs in your system could also put you at risk of a DWI. The rate of drugged driving is high According to the National Institute on Drug Abuse, nearly 11.7 million people across the country admitted to driving while impaired by drugs in 2021. This impairment is not always comparable with alcohol. For example, alcohol is a depressant that slows your reaction time, whereas a stimulant like methamphetamines might lead you to speed or drive aggressively. The effect of these drugs often changes by the person as well. Even so, the presence of controlled substances could result in DWI charges. 2 factors leading to drugged driving charges Some people might wonder how they could face the risk of drugged driving charges. Like DWI charges involving alcohol, there are two common ways individuals could end up facing charges, including: Showing signs of impairment behind the wheel: As we briefly mentioned above, erratic driving, traffic violations and other reckless driving behaviors might indicate to police that someone is driving under the influence of alcohol or drugs. The effects of stimulants can often make people believe they will be fine to drive, but the external signs of aggressive driving might prove otherwise, leading police to pull the driver over. Positive chemical tests: While breath tests might not often effectively detect drugs in someone’s system, other chemical tests can. With North Carolina’s implied consent laws in place, drivers arrested under suspicion of drunk or drugged driving must submit to chemical tests. The urine and blood tests conducted after the arrest are much more effective at detecting substances in one’s system – which increases the risk of DWI charges. Anytime someone gets behind the wheel with impairing substances in their system, they could put themselves at risk of facing DWI charges. With the high rates of drugged driving across the nation, individuals must be wary of these risks.

In a previous blog post, we discussed the effect that aggravating factors can have on criminal charges, especially when it comes to violent crimes. These factors can significantly increase the charges themselves as well as the penalties. There are unique aggravating factors for DWI charges as well. We will take a look at some of the overarching issues that can impact DWI charges. 4 things that can increase DWI risks A DWI is already a serious charge in North Carolina. Individuals should not take even misdemeanor DWI charges lightly. Convictions can stay on your record for years, and leave you facing fines of $200 and 24 hours in jail – at the lowest level. Aggravating factors can significantly increase those penalties. Individuals could face such increased penalties if they: Have previous DWIs: The penalties of a DWI can increase sharply if individuals have previous offenses on their record. Fines can jump up to nearly $4,000 with a maximum jail sentence of two years. Ingested significant amounts of alcohol: The legal limit of blood alcohol concentration (BAC) is 0.08% in North Carolina. If a driver’s BAC is considerably higher than that when police conduct breath or other chemical tests, they could be at risk of facing higher penalties. Drive recklessly: The reason driving while under the influence of alcohol is against the law is that alcohol can directly impact one’s ability to drive. If drivers speed excessively, break other traffic laws or perhaps get into an accident, the penalties for a DWI can also increase. Note: If a drunk driving accident results in the death of another driver or pedestrian, individuals could face many more criminal charges in addition to a DWI. Have children in the car: The courts, prosecutors and law enforcement consider driving drunk with a child in the car to be a form of child endangerment. Therefore, this can impact the severity of DWI charges. In many cases, getting behind the wheel while under the influence of alcohol is a misjudgment. However, many internal and external factors can turn that moment of misjudgment into a serious risk to your future.

You may be aware of the Constitutional protection against double jeopardy. Essentially, it is against the law for someone to be tried and convicted twice for one crime. However, double jeopardy does not necessarily prevent someone from facing charges or convictions for one crime at both state and federal levels. We briefly discussed this matter in a previous post, but we will take a closer look at the risk. First: What is “dual sovereignty?” To understand why double jeopardy rules do not prevent charges at both state and federal levels, you must understand dual sovereignty. Essentially, this rule is an exception to double jeopardy. It establishes that the state governments and the federal government are separate entities with separate laws. This separation allows both to try and convict individuals for violating the law – even if it was the same offense. That is why the warning still stands: certain incidents could result in individuals facing both state and federal charges. What does this mean for individuals facing charges? This exception to double jeopardy remains intact today, despite many challenges in court over the years. However, there are two essential things to note regarding the risk of facing a conviction at both state and federal levels: This situation is rare: While there are certain crimes that can lead to both state and federal charges, one entity frequently handles both. For example, wire fraud violates both North Carolina and federal laws, but in many cases, federal law enforcement and courts will handle the whole case because the act violated the larger laws of the land. Though compounded sentences are possible: Even though it is not common, it is still possible for an individual to face a conviction and penalties at both levels. This is often the case with serious, severe crimes. Consider the story of George Floyd’s murder that caught nationwide attention. The officer charged with killing him and violating his civil rights did indeed face both state and federal charges, convictions and penalties. However, the officer is serving both state and federal prison sentences at the same time. Regardless, it is still essential to be aware of this risk. Facing both state and federal charges is a serious issue that could affect your whole life. You must ensure you understand the risk and defend your rights appropriately.

There are rules that law enforcement must adhere to whenever they search a person or property. One of the steps outlined in these rules is properly serving a warrant. Here is a brief overview of what this means – and what you should do during this process. What does “serving” a search warrant mean? There are two critical steps to serving a search warrant. According to North Carolina law: The police must read you the details of the search warrant The police must also provide a copy of the search warrant for you These steps are necessary before the police begin the search. Of course, there are some exceptions. The police may be able to enter the premises without announcing themselves or serving the warrant immediately if they believe someone’s life is in danger or another emergency is occurring. What should you look for in the warrant? While reading the warrant and providing a copy might be necessary, it can still be difficult for individuals to process the information included in the warrant. After all, police showing up at your door to conduct a search can be an incredibly stressful situation. It is critical to note that a search warrant generally should include the following information: The probable cause that led to the search, or the crime suspected The locations to be searched, and the items the police are looking for The time frame in which this search must occur As we have discussed in previous blog posts, it is important to remember that all of the information on the warrant must be correct for it to be valid. This includes the spelling of your name and your address. You should not be left in the dark when a search occurs. From the warrant, you should understand what police are looking for as well as why they are conducting a search in the first place. It is critical to understand the elements of a search, as well as your rights under the Fourth Amendment of the Constitution. However, if you are the subject of a search, it is important to seek legal guidance to protect yourself.