Blog

It is common to have prescription medication. According to the Centers for Disease Control and Prevention, nearly half of the United States population takes prescription or therapeutic drugs. However, the abuse and misuse of prescription drugs are also on the rise. In turn, law enforcement is cracking down on crimes involving prescription drugs. So, if you have or take prescription drugs, is there a risk police may suspect you? Is it a valid prescription? If you have a valid prescription, you do not have much to worry about. It is highly unlikely that you will face any risk of criminal charges if a North Carolina doctor or pharmacy prescribed you medication and: You use it according to the instructions You keep it in its labeled container The prescription is valid, and not expired Even so, you should take care. There are still other risks With the crackdown on prescription drug crimes, there have been cases of people facing possession charges if they: Carry expired medications Have expired prescriptions Store medications in an unlabeled container It is also worth noting that you should pay attention to the side effects of any prescription drug – or any kind of medication, for that matter. There have also been cases where drivers who took medications got pulled over under the suspicion of driving under the influence of alcohol. Of course, you can defend yourself against any of these criminal charges. However, it is still important to be aware of this kind of risk. Invalid prescriptions and misuse can lead to trouble Misusing prescription drugs is against both state and federal laws. For example, it is illegal to: Obtain prescriptions by fraud Sell or distribute drugs prescribed to you Use drugs prescribed to you for something other than their intended use Law enforcement is especially cracking down on opioid possession and distribution. While you may have a prescription for pain medication after surgery, it is against the law to sell or give that medication to anyone else. North Carolina’s laws regarding controlled substances are extensive, and the rules are strict. However, you have the power to protect your rights.

As we discussed in a recent post, violent crimes involving weapons are on the rise. This has led to increased enforcement all across the nation. Lawmakers at all levels are also taking action in response to this rise in crime. The president signed a bill regulating firearms into law in June. So, what should you know about these changes? What could the new federal law mean? This is the first significant law regulating firearms and safety for nearly three decades. According to NPR, the new federal rules will: Urge states to pass red flag laws Prevent partners – not just spouses – convicted of domestic abuse from obtaining firearms Create stricter background checks for people between the ages of 18 and 21 It is no secret that this matter – and this law – is a point of controversy. However, opinions on gun control aside, the new law could lead to an increased risk of weapons charges, especially at the federal level. What about the state level? This new law at the federal level is having a large ripple effect simply because there are not many federal laws regulating firearms. Most laws that do this exist at the state level. So, what about North Carolina’s laws on firearms? The state is almost completely in the middle ground. While the laws seem extensive and detailed, the state ranks 24 th in terms of strict gun laws. Even so, North Carolina does ban the possession of a weapon for individuals who: Are under a domestic violence order Have a felony on their criminal record Lack mental capacity There are also several conditions necessary to obtain a permit. Yet, crimes involving weapons continue to rise considerably at the state level. So, what is the risk? As we mentioned above, there is already increased enforcement on weapons crimes around the country. Federal agencies are teaming up with state agencies in major operations to arrest individuals. Opinion on gun laws does not matter in these cases – the increased attention on these matters could very well increase the risk of weapons charges. While North Carolina’s laws may not be as strict as some, it is still critical to be aware of this risk.

Everyone has seen the dash-cam footage of suspected drunk drivers walking in a straight line on the side of the road, with police officers looking on. This is a part of the field sobriety test that occurs when police stop drivers who they believe to be under the influence of alcohol. You may have seen the footage, but what should you expect if you find yourself in these situations? There are three standard tests A driver’s behavior on the road may lead police to suspect drunk driving. That would be the probable cause for pulling the driver over, but they usually need more than that to charge or arrest someone. The police look for more signs of impairment by conducting the field sobriety test, which generally involves: Horizontal gaze nystagmus (HGN) test: Officers will ask you to follow an object side-to-side with just your eyes, and look for whether the eyes move smoothly or with jerking movements. Walk-and-turn test: Officers ask you to walk in a straight line, turn around on one foot, and walk back. This is to check your balance and coordination. One-leg stand test: Officers ask you to balance on one leg while counting out loud until they tell you to stop. This also checks your balance as well as your mental processing. The U.S. Department of Justice and the National Highway Traffic Safety Administration (NHTSA) reported that the HGN is the most reliable in determining impairment – but that rate is still only 77% accuracy. On top of that, many health conditions could affect the outcome of these tests, making them even less reliable. Remember: You do not have to participate in these tests In North Carolina, you do not have to submit to roadside tests. This includes: The standard field sobriety tests listed above The preliminary breath test These tests do not fall under the rules of implied consent. Implied consent covers chemical tests, such as the more precise breath test or the blood test often conducted at the police station after an arrest. Note: The preliminary breath test during the traffic stop is different from the breath test they might conduct at the station. It is not as precise. Refusing the breath test after an arrest at the station could lead to additional penalties. Even if you refuse to participate in the field sobriety tests, you could still face the risk of DUI charges. It is critical to understand what to expect in these situations, so you can protect your rights.

It is common knowledge that possessing illegal substances or drug paraphernalia can lead to serious criminal charges. However, the risk of drug possession charges is much higher than many people might believe. That is why it is important to understand the facts about drug charges – and drug arrests – nowadays. How common are drug arrests? According to Pew Research Center, the rate of individuals arrested for drug offenses – particularly drug possession – has not changed much since 2009. In fact, one in ten arrests across the country involved drug offenses in 2019. The report noted that even though charges for trafficking or selling drugs decreased, possession charges remained nearly the same. The legacy and continuation of the political War on Drugs likely motivate the continued crackdown on drug offenses, making them some of the most common types of charges issued. They have the highest incarceration rate as well For many years, drug offenses were the top reason for incarceration. That remains true today in 2022 as well. Drug offenses have a significant lead over any other charges when it comes to incarceration rates. Incarceration rates are a part of a larger criminal justice issue. Even so, possession charges are not something to take lightly. They carry a high risk of facing serious penalties. Remember: Charges often depend on the substance Drug possession is often seen as a minor drug offense. It is true that drug trafficking charges involve higher penalties than possession charges. However, individuals could still face felony charges for possession, depending on the particular substance. In North Carolina, it is a felony to possess substances including, but not limited to: Heroin LSD Hallucinogenic drugs PCP Additionally, possessing significant amounts of substances like cocaine, morphine, meth amphetamines and opiates can also lead to felony charges. The reports go to show that possession charges are not minor issues. It is critical to take charges seriously and take active steps to protect your rights.

Violent crimes may be on the rise, but property crimes remain the most common type of crime across the country. Theft charges are still on the rise as well, and North Carolina officials recently took steps to increase enforcement and penalties for a fast-growing type of theft. Penalties look to increase for organized retail theft WRAL reports that members of the North Carolina Senate unanimously voted to increase penalties for individuals leading and involved in organized retail theft rings. Particularly, the bill aims to: Officially define organized retail theft as a crime Issue felony charges for this crime Add more jail time and increase the financial and criminal penalties Many times, organized retail theft crimes involve “smash-and-grabs,” where individuals smash windows or display cases and seize store property. It also often involves a large group of individuals participating in a mass robbery at once. Videos on social media, security camera footage and national newscasts called attention to organized retail theft in the past few years. This bill seems to be in response to that increased attention. Theft charges often depend on certain factors Individuals arrested for involvement with a retail theft ring would still face criminal charges today, even before this bill came into play. The penalties they faced often depended on factors such as: The value of the items stolen The use of a weapon The organization of the crime Whether they were the leader of such an organization These factors are still in effect under this new bill, should it become state law. The penalties have just increased sharply if the charges relate to organized retail theft. Individuals in North Carolina need to be aware of these increased risks so that they can protect themselves and their rights.

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

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

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

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

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

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

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