North Carolina Criminal Defense Attorneys

amending larceny indictment NC

Amending the Indictment: How New Appraisals Change Larceny Charges in North Carolina

Larceny charges are closely tied to the value of the property allegedly taken. When a revised appraisal changes that value after charges have been filed, prosecutors may seek amending larceny indictment NC to reflect the updated amount in the formal charging document. Because property value determines whether a charge is treated as a misdemeanor or […]

preliminary breath test NC

The Alco-Sensor: When Can NC Officers Request a Preliminary Breath Test (PBT)?

Officers may request a preliminary breath test NC during a traffic stop to assess whether there is a lawful basis to continue a DWI investigation. The request typically occurs roadside, before any arrest, and functions as a screening step rather than proof of impairment. Results are used to inform an officer’s judgment, not to establish […]

blood vial preservative DWI NC

How Improper Preservative Ratios in Blood Vials Can Invalidate NC DWI Results

Blood testing plays a central role in many North Carolina DWI prosecutions, but its reliability depends on strict scientific controls. One overlooked issue involves the ratio of chemical preservatives inside blood collection vials. These preservatives are intended to prevent clotting and fermentation, yet incorrect amounts can distort blood alcohol concentration readings and raise evidentiary concerns. […]

separating parties DV NC

Separation Tactics: Why Officers Isolate Parties During NC Domestic Violence Investigations

When law enforcement responds to a domestic violence call in North Carolina, separating the people involved is a routine investigative step. Separating parties DV NC allows officers to stabilize the scene, limit direct interaction, and identify potential safety concerns. This practice applies regardless of who contacted police and may occur even when no arrest is […]

constructive possession proof NC

When Do Police Need DNA or Fingerprints to Prove Constructive Possession in NC?

Constructive possession cases in North Carolina do not require drugs to be found on a person’s body. Instead, prosecutors must show that an individual had both the ability and intent to control the substance. This is why questions often arise about when police need forensic evidence, such as DNA or fingerprints, to support a charge. […]

citation vs arrest assault NC

Citation or Custody? Factors Determining Immediate Arrest in North Carolina Assault Cases

Assault cases in North Carolina require officers to decide whether to issue a citation or make an immediate arrest based on specific legal standards. The central issue in citation vs arrest assault NC cases is whether the facts at the scene meet procedural thresholds that justify taking someone into custody. These decisions often depend on […]

50B order child custody NC

How North Carolina 50B Protective Orders Impact Emergency Child Custody Rulings

A domestic violence protective order issued under Chapter 50B can immediately affect parenting rights in North Carolina when children are involved. When a court enters a protective order, judges may consider temporary custody restrictions to address safety concerns before a full custody hearing occurs. These decisions are often made quickly, sometimes before a separate custody […]

entry of judgment deferral NC

Entry of Judgment: The Legal Consequences of Failing a North Carolina Deferral Program

When a defendant fails to complete a court-ordered deferral program in North Carolina, the case does not simply return to where it started. Instead, the court may proceed with an entry of judgment deferral NC, meaning the judge formally enters judgment and imposes sentence on the original charge. This action converts a paused criminal case […]

modify bond no contact NC

How to File a Motion to Modify Bond and Lift “No Contact” Orders in NC

A no contact order imposed as a condition of bond can immediately affect where a person may live, who they may communicate with, and how daily responsibilities are handled while a criminal case is pending. In North Carolina, these restrictions are commonly issued in assault and domestic-related cases at the initial appearance and remain in […]

contested 50B hearing NC

Defending Your Name: How to Prepare Evidence for a Contested NC 50B Hearing

A contested 50B hearing NC determines whether a temporary domestic violence protective order will become a longer-term court order under North Carolina law. At this hearing, a district court judge decides whether the allegations meet the legal definition of domestic violence and whether continued protective relief is justified. The outcome matters because a final 50B […]