Blog

Even if there are no controlled substances on your person, the risk of facing drug charges could remain. You may know that North Carolina, states across the nation and the federal government all include penalties for possessing drug paraphernalia. However, what exactly could drug paraphernalia charges entail? Several items fall under “paraphernalia” Many people think of pipes, rolling paper, syringes or other devices used to ingest or inject controlled substances when they think of drug paraphernalia. These items indeed fall into this category and could result in criminal charges. Even so, state law describes a wide range of equipment that could lead to charges as well, including, but not limited to: Anything to plant, cultivate, manufacture or produce controlled substances Devices to increase the potency of controlled substances Scales, balances, bowls, spoons and other tools to organize or make controlled substances Even everyday items could be considered drug paraphernalia, depending on their proximity to controlled substances, or even if they contain evidence of controlled substances. If the police find drug paraphernalia, individuals could face a Class 1 misdemeanor. The penalties vary, but they often involve jail time and substance abuse education. However, these charges are often in conjunction with other drug charges – such as drug trafficking – and could increase the consequences as well. Two things to note in these cases If you face the risk of drug charges, there are a few things you should know: A search must be legal: In most cases, North Carolina police find drug paraphernalia while conducting a search. The search must be legal for this evidence to hold up in court. It is essential to understand the elements of a legal search and your rights in the event of a police search. Even if the police find paraphernalia, if the search is against the law, you can get the evidence suppressed. Drug charges are serious: As we have discussed in previous blog posts, misdemeanor charges are not something to overlook. Any criminal charge is serious and could have long-lasting effects on your personal and professional life. It is critical to fight these charges. Controlled substances may not be present at the scene. However, you must take any type of drug charges seriously and take steps to defend yourself against the risk of allegations.

At the time of a traffic stop, it is common to feel stressed, confused and even angry. This range of emotions can make it difficult to focus on the details of your current circumstances. However, it is critical to note that, much like other police procedures, traffic stops may be unlawful if the police do not conduct them properly. So, what precisely makes a traffic stop against the law? Three reasons a traffic stop could be against the rules There are many elements that could affect the legality of a traffic stop. However, some of the most common reasons to be aware of include: Cause: Police most often pull drivers over for traffic violations, such as speeding, broken headlights or taillights, reckless driving and more. If there was no violation of traffic rules on your part, and no particular reason for police to search for your vehicle or license plate, then the stop might be unlawful. Criminal background: Even if you have a prior conviction on your record, that is not reason enough for police to pull you over on the road – especially without cause or reasonable suspicion. Race or ethnicity: Unfortunately, there are significant racial disparities in traffic stop statistics. According to 2021 reports, North Carolina police stop Black drivers more frequently. Black drivers also face a higher chance of vehicle searches. If race – or any other protected status – is the only foreseeable reason for a traffic stop, it could be unlawful. If you suspect an unlawful stop, you should make sure to remain civil and calm to protect yourself. However, as the American Civil Liberties Union emphasizes, you should write down every detail of the stop. Doing so may help to prove that the stop was against the rules, which could help suppress evidence collected during the stop.

Facing DWI charges also leaves you facing a long list of questions. What happens now? How can you protect your future? One common worry that many share in these situations is how drunk driving charges affect their lives – and careers. So, what should you know? Could you lose your job? The answer to this question is: possibly. There are many details and nuances to consider in these cases, and they often change from person to person. However, it is critical to note these basic issues. First, North Carolina does have rules in place that limit an employer’s ability to discharge employees for their off-duty conduct and use of legal products. However, this can change when it comes to criminal convictions and substance abuse. Additionally, if you are an at-will employee, then it is possible that your employer could dismiss you. It is also important to understand that even the penalties for a DWI could affect your career. For example, if you do not have your license for a period, and cannot get to work reliably or on time, your employer could potentially dismiss you from your position on these grounds. Certain careers might carry more consequences Another key detail to consider in these situations would be the type of career you have. There are several jobs that might require a higher standard of off-duty conduct, and a DWI conviction could jeopardize your ability to work. Two of the most common circumstances like this include: Commercial driving jobs: If you drive for a living, even an off-duty DWI could put your career at risk. North Carolina has a zero-tolerance policy for commercial drivers when it comes to DWIs, and you could lose your commercial license. Jobs requiring professional licensing: Careers that require you to obtain a professional license could also be at risk if you face a DWI conviction – such as a career in nursing. Nurses are held to high standards in almost all aspects of their lives, and a DWI conviction could lead to a revocation of their nursing license. Your career may be your passion. Or you may simply depend on your job in terms of the income it brings you. Either way, it is critical to fight DWI charges to secure your future and avoid issues like this that could put your career at risk.

You may have heard the term “pressing charges” on television dramas or even the nightly news – but what does it actually mean? It is critical to be aware of the process of pressing charges, so you can protect yourself and your rights. How does someone press charges? A night at the bar can quickly become rowdy, and one person throwing a punch could lead to someone claiming assault. Of course, the details will differ from case to case, but these situations involving accusations of assault often include the following basic steps: The individual who claims to be the victim reporting the assault to the police The police investigating, collecting evidence and witness reports Prosecutors reviewing the police report and determining whether to file charges It is important to note that individuals reporting offenses to North Carolina police does not constitute “pressing charges,” even if that is what they threaten they will do. Only prosecutors or district attorneys actually press – or file – criminal charges against someone. There are other issues to be aware of too The steps listed above make up the most common process in which someone might find themselves facing assault charges. However, there are a few risks to be aware of in these situations, including: A report is not always necessary: It is not always necessary for someone to file a report or even cooperate with the police, for you to face the risk of criminal charges. Police could still investigate an incident and file a report of their own, leading prosecutors to file charges. There are chances of a lawsuit: Even if prosecutors decide not to file criminal charges in an assault case, the individual who claims to be the victim could still move forward with a civil lawsuit for injuries or other damages. This does not qualify as double jeopardy, even if the cases relate to the same event. No matter the situation, it is important to take steps to defend your rights. The moment you could face the risk of criminal charges, you should act quickly to protect yourself at every step of this process.

It does not take much for a criminal offense to lead to federal charges. Dealing with federal charges on top of state charges could leave you facing many more serious risks. So, it is critical to be aware of the most common crimes that could result in federal charges. Here is a brief overview of some of these offenses. Three common federal offenses As you may already know, a federal crime is any offense that violates federal law or occurs on federal property. However, what are the most common crimes that break federal laws? They include: Drug charges: The trafficking, sale, import or export of controlled substances or drug paraphernalia is a federal offense. Additionally, if any kind of drug crime – including possession – occurred on federal land then you could also face federal charges. Fraud: Fraud charges often go hand-in-hand with white-collar crime. However, it also includes many other offenses, from phishing scams to identity theft. As we discussed in a recent blog post, fraud crimes and charges are also on the rise. White-collar crime: There is a wide array of crimes included under the umbrella of white-collar crime. From embezzlement to money laundering, the many offenses under one category make white-collar crimes one of the most common offenses involving federal charges. North Carolina laws also address all of these offenses. However, federal courts will also take action against individuals who break federal laws. This is why these offenses often lead to multiplied penalties, including higher fines and longer prison sentences. Facing federal charges is a serious matter. You must fight back to defend your rights against the increased risks these offenses carry.

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

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

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

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

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

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

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