…of drinking); State v. Thomas, 127 N.C. App. 431 (1997) (finding probable cause based upon red, glassy eyes, disorderly appearance, strong odor of alcohol, and information that another officer told…
…an appearance bond will not reasonably avert this risk. G.S. 15A-534.1(a)(1). This provision predated the 48-hour procedure and allowed for a cooling-off period for the defendant and an opportunity for…
…no OFA issues upon indictment, the State can address conditions of release at a first or subsequent appearance in Superior Court through appropriate motion. What if the defendant fails to…
…by sight or smell. See State v. Highsmith, 285 N.C. App. 198 (Aug. 16, 2022) at n. 1 (noting the similarity in appearance and odor of hemp and marijuana). To…
…to verify the person’s participation in the program. Those cards can vary a bit in appearance but tend to look something like this: Assuming all the requirements of the law…
…into custody. And the arrest requires additional court time, both for the required initial appearance before a magistrate and any subsequent bond review proceedings. Partly in response to research showing…
…closer call than the Brady question, the fact remains that the disappearance of the witness doesn’t tend to exculpate the defendant or to mitigate the offense. However, the statutory discovery…
…attempt, or the unequivocal appearance of an attempt, with force and violence, to do some immediate physical injury to the person of another, which show of force or menace of…
…his conduct. Facts. Mitchell was arrested for assault on a female on December 26, 2014 after he allegedly punched his girlfriend, “Nancy,” in the face. At his initial appearance, the…
…appearance—it seems like it would not bar possession of a large and unmistakably dangerous weapon like a bow or blade. See also Wake County v. Hotels.com, L.P., __ N.C. App….
