Recent Posts in Criminal Defense Category

  • NC Juvenile Justice Reform Gains Support

    North Carolina is one of two remaining states to treat 16 and 17 year olds accused of crimes as adults in the criminal justice system. Under a law that took effect in 1919, there are no exceptions to this rule. Over the years, many legal and psychological experts have compiled data to show the shortcomings of strictly prosecuting minors as adults, and many states have changed their policies to ...
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  • Settlement Reached in Lawsuit Against Kernersville Police Officers

    You may recall from our previous blog that Dummit Fradin represented a Surry County couple against five Kernersville police officers accused of misconduct. Just weeks before the case was set to go to trial, a settlement has been reached in favor of plaintiffs Teresa Blackburn and Adrian Martinez-Perez. The lawsuit alleged that the police officers illegally seized $20,000 from the couple and ...
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  • Expunction / Expungement: Cleaning Up a Criminal Record

    Whether you call it an expunction or expungement (they are used interchangeably), the process by which one can wipe their criminal record clean is a great tool and one that may prove very worthwhile. Having a criminal record can affect potential employment and educational opportunities and can have implications on eligibility for governmental programs and immigration. In North Carolina, an ...
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  • If a Law Enforcement Officer Pats Me Down, Can He Seize Anything that He Discovers On Me?

    If a law enforcement officer pats me down, can he seize anything that he discovers on me? As in most cases, the answer to this questions is - it depends. The Fourth Amendment to the United States Constitution prohibits law enforcement officers from conducting unreasonable searches and seizures. This means that officers need a search warrant to search you or to seize anything that they find during ...
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  • Reduced Federal Sentencing Guidelines for Drug Offenses

    The United States Sentencing Commission ("USSC"), an independent agency in the judicial branch, has voted unanimously to amend the federal sentencing guidelines to reduce the sentences for most drug trafficking offenses. Perhaps most notably, this amendment will apply retroactively. Therefore, the amendment could shorten sentences for nearly 50,000 people who are currently incarcerated for drug ...
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  • Probation Violation: Absconding

    Question: Have I violated probation by not notifying my probation officer that I have moved? Factual Scenario: Ashley was convicted of DWI and as part of her sentence received 12 months of supervised probation. At the start of her probation, Ashley was living with her sister in a house in Forsyth County. For the first 7 months of probation, Ashley was a model probationer and did everything she was ...
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  • Halloween Masks and the Law

    Is It Legal to Wear a Mask on Halloween? Leaves are changing, the air is getting cooler (at least some days), and Christmas trees are beginning to appear in department stores everywhere. These signs can only mean one thing: Halloween is on its way. That's a good thing, especially for those who love to dress up. Whether you plan to be silly, clever, or scary, there is a certain element of freedom ...
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  • Beating a Sex Crime Charge

    Is it possible to beat a sex crime charge? YES!!!!! While the State's evidence against you may be enough to support your arrest and a sex crime charge, it ultimately may not be enough to prove beyond a reasonable doubt that you are in fact guilty of a sex crime. Avoiding prison time, avoiding sex offender registration, and perhaps even avoiding conviction entirely are possible with a good, ...
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  • Expungement Checklist

    Checklist for what we need for your Expungement This list applies to convictions for Misdemeanor Alcohol Possession or for a conviction before you turned 18 1) Sworn affidavit by you: Stating your good behavior for 2 year period since the date of your conviction. (We will help draft this). 2) Verified affidavits of two persons not related to you (or each other), stating knowledge of your good ...
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  • Domestic Violence FAQs

    How Do I Know if Domestic Violence Laws Apply for Me? Individuals who may be protected by domestic violence laws in North Carolina are: Present or former spouses; Present or former household members; Persons of the opposite sex who are dating each other or had dated each other; A person who is living with a person of the opposite sex as if married; Children and their parents or grandparents; and ...
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