Fake IDs and Criminal Consequences
Fake IDs were ever-present on campus when I was an undergraduate. There were several varieties: a “novelty” driver’s license obtained from a private vendor, a doctored version of the underage […]
Can a Magistrate Issue a Search Warrant for a Computer or a Cell Phone?
I’ve had the same question several times recently: can a magistrate issue a search warrant for a computer or a cell phone? The answer is yes. This post explains why […]
Does Crawford Apply in Pretrial Proceedings?
A caller recently asked me: Does Crawford apply at pretrial proceedings, such as suppression hearings and hearing on motions in limine? Neither Crawford nor any of the Court’s subsequent cases […]
News Roundup
Colorado movie theater shooter James Holmes has been sentenced to 12 life terms plus 3,378 years in prison. He did not receive the death penalty due to the vote of […]
New Jail Credit Rules Signed Into Law
Two revisions to North Carolina’s primary jail credit statute, G.S. 15-196.1, will kick in on December 1, 2015. Both of them benefit defendants.
Class is in Session–But Not Driver’s Ed
School is back in session across North Carolina, but many high school students and their parents may be disappointed that driver’s education is not. Driver’s education has long been a […]
Advice to Officers After Graham
As I discussed here, the Fourth Circuit recently ruled in United States v. Graham, __ F.3d __, 2015 WL 4637931 (4th Cir. Aug. 5, 2015), that an officer who obtained […]
Challenging a Plea
Suppose that after judgment is entered a defendant wants to challenge a plea. Maybe he alleges that the plea wasn’t knowing and voluntary. Or maybe he claims that the judge […]
News Roundup
All eyes are on Charlotte this week. Former CMPD officer Randall “Wes” Kerrick is on trial for voluntary manslaughter in connection with the shooting of Jonathan Ferrell. I have not […]
Deferred Prosecutions and Guilty Pleas
Local procedures vary when it comes to deferred prosecutions. In general, there’s nothing wrong with that; the district attorney has broad discretion in the deferred prosecution realm. Lately, though, several people […]