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Carthage NC Criminal Defense Law Blog

Aggressive drug crimes defense for those accused in Carthage

Drug crimes charges are one of the most common ways that Carthage residents find themselves in trouble with the law. Fortunately, simply knowing the kinds of drug crimes charges that exist can help Carthage residents stay out of trouble. It can also help them better understand their charges should they be arrested.

By far, the most common kind of drug crime with which people are charged relates to simple possession. Simple possession charges might happen after a police officer pulls your car over and performs a search of the vehicle or pats you down and finds a small amount of narcotics on your person or in your car. Drug paraphernalia possession charges often accompany drug possession charges when police officers find pipes, scales, little plastic baggies or other miscellaneous items that they suspect were used in relation to drugs, whether to administer them, make them, store them or distribute them.

Driving while impaired charge follows near-fatal car accident

A 30-year-old North Carolina driver is facing DUI-related charges after allegedly causing severe injuries to another driver in a car accident. The North Carolina Highway Patrol reported that the driver crossed into the opposite lanes of traffic and collided with another vehicle. It is alleged that she was driving at a speed that exceeded the speed limit and that she was driving while impaired.

One trooper said although the accident caused severe injuries to both drivers, the injuries could have been fatal had the accident occurred just slightly later. The second vehicle was apparently traveling slowly after having just entered the highway, and the two cars merely glanced off each other. However, the trooper asserts, had the accident happened when the second driver had already picked up speed, the impact could have been much worse.

3 issues attorneys investigate in a drug possession case

North Carolina drug crime defense attorneys typically investigate every detail relating to a drug possession charge in order to formulate the best possible defense. During this investigating process, attorneys will want to know the answer to the following three questions. If your answer to any of the following questions is "no," it could dictate how your attorney proceeds to defend you in your drug possession matter.

First, did the officer who arrested you have an actual search warrant? In most cases officers cannot perform a search of a person's home, car or body without a warrant. In some situations, officers can bypass the need for the warrant if they can show they had a strong reason to suspect you of committing a crime -- like seeing a bag of marijuana on the backseat of your automobile through the window, for example.

Man assaults two police officers and faces a felony charge

Most North Carolina residents like to unwind after a hard day's work. Some take it easy and stay in to watch TV while others prefer to go out to a local bar with friends or coworkers. Most nights out lead to happy, more relaxed people but, occasionally, they end in violence and with individuals facing a felony charge, as is the case with a construction worker recently.

Last Saturday in Murphy, a construction worker from another state assaulted two police officers while they attempted to arrest him, according to the investigators. He is now facing two felony charges for assaulting a law enforcement officer. Someone called 911 when the man was seen to be disruptive, drunk and driving. 

Investigators determining if criminal offense was a hate crime

Many North Carolina residents are aware of the recent shooting at Wayne Community College in Goldsboro. The incident has shocked many in the community, as the campus had experienced no violent crime in recent years. As authorities investigate the matter, they are looking into whether the criminal offense could be considered to be a hate crime.

The shooting took place on a recent Monday, when investigators believe that a student at the school walked into the print shop office and fired a single shot at an employee. The weapon used was a pistol-grip shotgun. The man who was killed was a long-time employee at Wayne Community College and ran the school's print shop. The man who fired the shot had worked in the print shop as part of a work-study program, but he was recently released from that program due to poor attendance.

2 Richmond County women arrested for theft crime

Two women from Richmond County were arrested Saturday night. A 30-year-old resident of Hamlet and a 28-year-old of Rockingham were taken to the Moore County Detention Center in Carthage early Sunday morning and charged with shoplifting, as well as drug possession. They had been arrested the previous night in Aberdeen. There is no indication in the booking records of the location where the supposed theft crime occurred.

The 30-year-old woman was charged with aiding in shoplifting, drug possession and breaking the state's open container law. The suspect is being held on a $4,000 bond. The 28-year-old woman was charged with possession of a controlled substance and shoplifting, as well as having an open container and drug paraphernalia possession. She is being held on a $2,000 bond.

What information do attorneys need to build a criminal defense?

If you have been accused of committing a crime in North Carolina, you will have the right to a criminal defense. You will also have the right to a criminal defense attorney. With the help of a criminal defense attorney, you can build a defense strategy to suit your individual needs.

When an attorney takes on your particular case, he or she will likely request specific documentation relating to your arrest. Some of this documentation may be in your possession. Otherwise, your attorney will request the documentation from the appropriate sources.

2 common defenses against drug possession charges

North Carolina residents who are arrested and charged with drug possession have a wide variety of criminal defense techniques available to them for use during their criminal proceedings. It may benefit those accused of drug possession crimes to familiarize themselves with these defenses because it will help accused individuals better communicate with their defense attorneys and make more beneficial decisions about their cases. The following are two of the most common criminal defenses relating to drug possession. 

One of the most common defenses in drug possession cases relates to the Fourth Amendment. The Fourth Amendment protects U.S. citizens from being subjected to unreasonable searches and seizures. Unless a police officer obtains a warrant, obtains permission from the person being searched or directly sees evidence of drugs in plain sight, he or she may not search a person's residence, vehicle, clothing, bags or person. If an officer obtains evidence in violation of the Fourth Amendment, the evidence will be inadmissible, and the accused person's case could be dismissed.

Underage drunk driving charges in North Carolina

If a North Carolina resident is under the age of 21 and gets pulled over and accused of drunk driving, the laws that apply are substantially more severe than those that apply to a driver over the age of 21. For example, those accused of underage drunk driving can be arrested if they have any measurable level of alcohol in their bloodstreams. Conversely, adult drivers are permitted to operate a motor vehicle as long as they have less than a .08 percent blood alcohol concentration.

At Rowland & Yauger, we frequently represent North Carolina residents accused of underage drinking and driving, and we are acutely aware of the necessity for a meaningful defense. Indeed, the severity of consequences in the event of a conviction requires that young people put their best foot forward while defending against such charges in court. As for long term consequences, an underage drinking conviction could negatively affect an individual's eligibility to receive student loans. It could also affect future job opportunities.

Proposed law could resolve prison overcrowding for drug charges

The number of people convicted of non-violent federal drug crimes has grown by 750 percent in the last 35 years. This has put a significant burden on the federal budget, and many people are saying it is unfair to those convicted of the offenses. North Carolina residents who have been accused of federal drug charges -- or know someone who has been accused of such crimes -- may be happy to hear that these exorbitant sentences could one day disappear.

When the numbers are crunched, many are surprised to find that a large number of the incarcerated persons are being detained for non-violent drug crimes. Due to the considerable strain this is putting on the federal government, one U.S. senator has proposed a legal reform that could fix the problem. The recently introduced bill is called the Smart Sentencing Act.

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Rowland & Yauger, Attorneys & Counselors at Law
107 Monroe Street
P.O. Box 39
Carthage, NC 28327
Local: 910-947-2280
Toll Free: 888-850-0274
Fax: 910-947-4951
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