Going Armed to the Terror Attorney North Carolina is an “open carry” state, but there are limits to that right. If a unicorn walks about the streets of North Carolina …
EXPLAIN A CRIME: MISDEMEANOR SEXUAL BATTERY
The Consequences of this Misdemeanor are Serious Sexual Battery (N.C. Gen. Stat. §14-27.33) is a Class A1 misdemeanor, which is punishable by a maximum of 150 days (five months) in …
IMMIGRATION DETAINERS
Is the 48-Hour Detainer Rule Constitutional? Recent developments from the administration of U.S. president Donald Trump and the GOP have highlighted the issue of immigration. On the criminal law …
POSSESSION & CONSTRUCTIVE POSSESSION IN N.C.
Think You Don’t Possess Something? Try Constructive Possession The traditional way to understand possession is that you actually have the thing, the object in your hand. Not so in North …
IF A FUGITIVE WALKS IN THE WOODS, DOES ANYONE HEAR HIM?
Police Search National Forest for Fugitive. Multiple law enforcement agencies are searching part of the Pisgah National Forest for a Weaverville man that they claim is a fugitive from justice. …
CHURCH WORSHIP DIRECTOR ARRESTED FOR CHILD PORN
Co-Workers Intending to Play a Prank Find Something More Insidious. A 36-year old man’s stint at a Christian Church in Lecanto, Florida ended when he was charged possessing child pornography, …
HOW DOES A FUGITIVE GET INTO TROUBLE?
Taunting Police Online When a person is a fugitive from law enforcement, it’s a good idea to lay low. Stay inside. Watch Netflix. Order Pizza. It’s also good not to …
EXPLAIN A CRIME – SHOPLIFTING BECOMES ROBBERY
A Simple Class 3 Misdemeanor Could End in a Felony and an Active Prison Sentence I may be hard to believe, but a regular old shoplifting can turn into …
NORTH CAROLINA STATUS OFFENSES – PART II
SOME STATUS OFFENSES CAN MEAN LIFE IN PRISON While the consequences of the status offenses previously described (see Part I, here) are bad enough, there are some status offenses that …
NORTH CAROLINA STATUS OFFENSES – PART I
Status Offenses Typically Elevate Crimes to Active Sentences Status offenses essentially enhance a sentence, almost always on the basis of the defendant’s previous record. Here are two examples. Habitual Felon. …