April 29, 2015
In most DWI cases, the State obtains evidence of a defendant’s alcohol concentration from a breath-testing machine. In order for the results of such a breath test to be admissible […]
April 27, 2015
Here’s a question I get occasionally: What language should I use to charge aiding and abetting a violation of a domestic violence protective order (DVPO)? Here’s a similar one: If […]
April 20, 2015
Over the weekend, the Washington Post ran a story that begins as follows: The Justice Department and FBI have formally acknowledged that nearly every examiner in an elite FBI forensic […]
April 16, 2015
Being married to me is hard. My husband makes an off-hand comment about how the city must need money since the police are pulling people over left and right for […]
April 15, 2015
How many charges can be placed on a single charging document, such as a citation, an arrest warrant, or an indictment? Old hands use the rule of thumb, no more […]
April 9, 2015
From time to time, I am asked about the right of private citizens to initiate criminal charges by approaching a magistrate. The arrest warrant statute, G.S. 15A-304, requires only that […]
April 6, 2015
Drones are remote-controlled aircraft. They can be equipped with cameras, and may be useful for surveillance. Does the use of drones by law enforcement officers raise any legal concerns? The […]
March 18, 2015
Defendants who drive while impaired while their licenses are revoked for another impaired driving offense or who drive while impaired without a license and without car insurance risk more than […]
March 12, 2015
Imagine that someone breaks into your house and steals something. Let’s say it’s a laptop. A week later, you see the laptop in a pawn shop. You want it back, […]
March 5, 2015
A recent conversation reminded me about a question I’ve received several times over the years: On a habitual felon indictment, what should be listed as the offense date? The two […]