News Roundup
Partisan judicial elections may be returning to North Carolina. House Bill 8, which passed its second reading with a 64-49 vote, mostly along party lines, would make appellate court elections […]
We are NOT Ferguson
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 […]
How Many Charges Can One Charging Document Contain?
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 […]
Does a DWI Conviction Bar a Person from Possessing a Gun?
The maximum punishment for driving while impaired in violation of G.S. 20-138.1 increased from two to three years in 2011. As a result, defendants convicted of misdemeanor DWI and sentenced […]
Sentencing Whiteboard: Extending Probation
Today’s post is a video explaining the rules for extending probation in North Carolina. It covers the two different types of extensions, and answers the question of how many times a case […]
News Roundup
Around here, the biggest news item this week was the shooting of Walter Scott by North Charleston, South Carolina police officer Michael Slager. Scott, who is black, ran from a […]
Private Citizens Initiating Criminal Charges
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 […]
Sex Crime Tiers under Federal Law
Like most states, North Carolina has not substantially implemented the federal Sex Offender Registration and Notification Act (SORNA). (Only 17 states have.) Nevertheless, some portions of the federal law wind […]
State v. Fizovic and Searching Cars for Alcohol
Author’s Note: This post has been modified from its original version in response to a helpful comment by a reader. An officer sees a man drink from a can of […]
Law Enforcement Use of Drones
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 […]