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Preserving the record when litigating Fourth Amendment violations in North Carolina Superior Court is critical because appellate courts review only what was properly raised, argued, and ruled on at trial. Preserving record suppression NC requires more than identifying unlawful searches or seizures. It requires compliance with procedural rules governing suppression motions, objections, and evidentiary hearings […]

Protective orders issued under Chapter 50B can impose communication limits that go beyond direct interaction. Many individuals subject to these orders believe compliance simply means avoiding phone calls, texts, or in-person contact. In practice, sending a message through a friend, relative, or other intermediary may still violate the order if the communication reaches the protected […]

A criminal record does not stop affecting someone once a case is closed. A misdemeanor conviction can surface during tenant screening and influence whether a rental application is approved. Landlords commonly rely on background checks to evaluate risk, and misdemeanor offenses often become part of that evaluation process. For many applicants, the impact of a […]

When someone is arrested in North Carolina, one of the first legal decisions made is whether the person will be released before trial and under what conditions. This decision is typically made shortly after arrest by a magistrate and determines whether the individual remains in custody or is allowed to return home while the case […]

Restitution enforcement NC refers to the steps courts use to collect court-ordered restitution when payment is not made after a larceny conviction. Restitution is part of the criminal judgment and is intended to repay the victim for documented financial loss. When payments fall behind or stop, courts may take formal action rather than leaving collection […]

A DWI charge in North Carolina can trigger an immediate loss of driving privileges, often before the case is ever resolved in court. This loss typically results from a civil license revocation tied to the arrest, not a conviction. In certain situations, North Carolina law allows individuals to seek a limited driving privilege NC that […]

Capacity to consent is a key issue in North Carolina sexual offense trials when alcohol or drugs are involved. Juries must determine whether intoxication reached a level that legally prevented a person from giving valid consent. This analysis focuses on how intoxication affected awareness, judgment, and physical control at the time of the alleged offense. […]

Larceny charges in North Carolina require more than proof that property was taken. Prosecutors must also prove a specific mental state at the time of the alleged offense. One of the most disputed elements is intent to permanently deprive NC, which focuses on whether the accused intended to take property away from the owner forever. […]

Missing witness DV NC cases arise when the accuser in a North Carolina domestic violence matter does not appear for court proceedings. While many people assume a case cannot continue without the complaining witness, North Carolina law does not require automatic dismissal. Courts instead evaluate whether the State can proceed using admissible evidence and whether […]

Breath test evidence plays a significant role in many impaired driving prosecutions in North Carolina, particularly when the State relies on results produced by the EC/IR II Intoximeter. While these devices are approved for use, their results are not automatically admissible. Courts evaluate whether breath testing procedures complied with specific administrative and regulatory requirements before […]