North Carolina Criminal Defense Attorneys

habitual felon enhancement NC

How Prior Convictions Trigger Habitual Felon Enhancements in North Carolina Cases

A habitual felon enhancement NC courts apply is not a separate criminal charge. It is a sentencing mechanism that can increase the penalty level of a felony conviction when specific statutory conditions are met. In North Carolina, this enhancement is tied to a defendant’s criminal history rather than the facts of the new offense. Understanding […]

NC state lab delays drug cases

Discovery Delays: What Happens When the NC State Lab is Late with Drug Analysis?

When the North Carolina State Crime Laboratory does not complete drug analysis on time, criminal cases often stall at a critical stage. In drug prosecutions, lab testing confirms whether a seized substance is controlled, its identity, and in some cases its weight. Without that report, prosecutors may be unable to move forward, and defense attorneys […]

sexual offense investigation NC

Deciding Factors for Opening a Formal Sexual Offense Investigation in North Carolina

A formal sexual offense investigation in North Carolina is opened when law enforcement determines that reported information meets defined legal and procedural thresholds under state law. These decisions are based on the nature of the allegation, the specificity of the report, and whether the facts described could constitute a criminal offense recognized by North Carolina […]

moral turpitude DV NC

Moral Turpitude: The Specific Immigration Consequences of NC Domestic Violence Crimes

Domestic violence convictions in North Carolina can carry immigration consequences when the offense is classified as a crime involving moral turpitude. In moral turpitude DV NC cases, the analysis goes beyond criminal sentencing and into federal immigration standards governing deportability, admissibility, and eligibility for immigration relief. For noncitizens, this classification can determine whether a single […]

witness bias assault NC

Impeaching the Witness: Exposing Motive and Bias in North Carolina Assault Trials

Outcomes in assault trials often depend on how witness testimony is evaluated rather than on physical evidence alone. When a case relies heavily on statements from alleged victims or other witnesses, courts examine whether those accounts are influenced by motive, personal interest, or bias. In North Carolina, understanding how courts assess credibility provides important context […]

field sobriety test request NC

What Observations Lead Officers to Request Field Sobriety Tests During an NC DWI Stop?

During a North Carolina DWI stop, officers request field sobriety tests based on specific observations suggesting possible impairment. A field sobriety test request NC is commonly triggered by indicators such as erratic driving, delayed responses to emergency lights, slurred speech, glassy or bloodshot eyes, the odor of alcohol, or difficulty following simple instructions. These observations […]

misdemeanor vs felony larceny NC

Misdemeanor vs. Felony Larceny: How Disputed Property Values Affect Charging in NC

Larceny charges in North Carolina rise or fall based largely on property value, not simply whether property was taken. The dividing line between a misdemeanor and a felony depends on whether the alleged value meets felony thresholds, making misdemeanor vs felony larceny NC cases especially sensitive to valuation disputes. When property value is unclear or […]

fair market value larceny NC

Fair Market Value: Valuing Damaged Goods in North Carolina Larceny Cases

In North Carolina larceny cases, damaged property is valued based on its fair market value at the time of the alleged offense, not the original purchase price or replacement cost. Courts assess what a willing buyer would reasonably pay a willing seller for the item in its current condition. This valuation determines how larceny charges […]

SAFE kit sexual assault NC

SAFE Kits: When and Why Investigators Request Forensic Exams in NC Sexual Assault Cases

In North Carolina sexual assault cases, investigators may request a forensic medical exam to preserve physical and biological evidence soon after an allegation is reported. These exams are commonly known as SAFE kits and are used to document injuries, collect samples, and create a medical record that may later be reviewed during an investigation. Requests […]

10 day rule 50B NC

The 10 Day Rule for Scheduling the Return Hearing After a North Carolina 50B Order

After a 50B protective order is issued, the 10-day rule 50B NC mandates that a return hearing must be scheduled within ten days. This rule ensures that both the petitioner and the respondent have a clear and timely opportunity to present their evidence and testimony before the court. The outcome of this hearing is crucial, […]