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Facing a DWI? You have the right to defend yourself

If you are facing a drunk driving charge, then your initial thought may be whether such a criminal charge will end up ruining your future. A charge may lead to jail time and substantial fines if you are eventually convicted.

Fortunately, if you face a charge of driving while intoxicated, or DWI, in North Carolina, you have several options for defending yourself at trial. One of the most effective ways of defending yourself against this type of charge is to challenge the police officer's observations regarding what transpired before your arrest by aggressively scrutinizing the quality of the prosecutor's evidence.

Three in North Carolina are facing drug and firearm charges

Police searches can have a wide variety of results. When authorities in North Carolina suspect that unlawful activities are taking place, a search warrant will likely be sought. However, even when this step is taken and evidence is collected, this does not necessarily mean that all proper measures were taken. Thus, when a defendant is charged with crimes related to the search that was conducted, this does not mean this evidence will remain. Additionally, if evidence is dropped, a defendant could face lesser or no charges.

A recent search of a home resulted in the arrest of three individuals, two if them teens, in Wayne County. According to North Carolina authorities, information was provided to the Wayne County Aggressive Criminal Enforcement Team that illegal narcotics and firearms were at the home of a local woman.

Traffic stops and an unlawful search of the vehicle

Being pulled over by a police officer is not an enjoyable experience; however, it is one that most North Carolina motorists experience at least once in their lifetime. While a traffic stop could result in a warning or a minor speeding ticket, they could also evolve into a much larger situation. If police officers suspect that something illegal might be going on, they might seek to search your vehicle. Depending on what officers uncover, a simple traffic stop could turn into a drug charge.

When a vehicle search occurs, drivers should note that these are not always permitted. Of course, if a driver gives permission, a search can commence, but if no such permission was granted, officers must follow protocol. This means that the police officer must have a valid reason to search the vehicle. Something must have occurred to give the officer reasonable suspicion or probable cause.

What are the penalties for drug possession?

Facing charges for possession of a drug might seem like a minor charge when it comes to drug crimes, however, this charge could result in a defendant facing serious consequences if convicted. Depending on the type of controlled substance the accused is found in possession of and the quantity of the drug they currently possess, one could face a minor possession charge or they could face a possession charge with the intent to distribute. Both carry very different charges and penalties.

What are the penalties for drug possession? At sentencing, defendants convicted of drug possession could face a wide range of penalties. This is not only because these charges range from state to state but also because consequences range based on type of possession charges. For example, the penalties for simple possession can range from a fine of less than $100 and a few days in jail to thousands of dollars in fines and several years in prison. While simple possession charges tend to be the lightest penalties, this is dependent on the type of drug the accused is in possession of.

Helping you navigate a civil action following a car crash

Every time you get behind the wheel of a vehicle, you are at risk of being involved in a car accident. Do you think about this danger each time you drive a vehicle? Most likely you do not. But that does not change the fact that dangers exist on the roadways and you are put at risk when a negligent, distracted, reckless and intoxicated driver is traveling on the roadways. A car accident, whether it's a fender-bender or a head-on collision could result in serious injuries, making it imperative that accident victims understand the rights and options following a car crash.

Car accidents are unexpected, and the aftermath of the crash can be very shocking. No one is prepared to deal with the injuries, damages and losses caused by a crash; however, victims must face the reality that they will require medical treatment, rehabilitation, lost wages and damages. At Brannen & Walker Attorneys at Law, our law firm understands how overwhelming life can get following a car crash. Life is no longer as you knew it, and our attorneys are sensitive to your situation and needs. Thus, we are dedicated to serving accident victims in the Concord area, helping them navigate a civil action.

Man faces DUI following hit-and-run crash

When we get behind the wheel of the car, we are under the impression that we are able to operate it safely. However, if law enforcement believes that we are not driving safely or violating a traffic law, this could result in a traffic stop. If during the stop officers suspect that a driver is under the influence of alcohol, the field sobriety test might commence. The same is true following a car accident. If there is a suspicion of intoxication, police officers will attempt to collect evidence to prove you are over the legal limit. Either of these scenarios could result in a drunk driving charge.

According to reports, authorities in Raleigh arrested a 27-year-old man following a supposed hit-and-run accident. Preliminary reports claim that the accident occurred when the suspect hit a man, running over him, at an intersection. North Carolina police stated that the driver then sped away from the scene of the accident.

Did the officer establish probable cause in your DUI case?

As would be the case anywhere in the United States, law enforcement officers here in North Carolina can't just put you under arrest, search your car or take your property during a traffic stop. In order to take any of these actions without a warrant, an officer must first establish probable cause.

Did you ever wonder why police officers give breath tests to people they suspect of being intoxicated? Have you wondered why an officer asks to search your car? In the case of a DUI, establishing probable cause often involves a breath test, field sobriety tests and any other alleged evidence (such as weaving, no headlights at night or an accident).

Study indicates treatment for mild TBIs is promising

Car accidents can be the source of many injuries. While some of these are found to be relatively minor, others could impact an accident victim for the rest of his or her life. With regards to brain injuries, victims could face many challenges, even temporary or permanent disabilities. Thus, it is important for accident victims who have suffered a brain injury understand their situation and how best to navigate them.

According to a current study that focuses on mild traumatic brain injuries, it might be beneficial to use a form of low-impulse electric stimulations to the brain. Because a TBI is the leading cause of physical, cognitive, emotional and behavioral problems, researchers found it to be important to understand treatment strategies that could help victim alleviate these symptoms.

What are the elements of false imprisonment?

When individuals in North Carolina and elsewhere are accused of a crime, he or she will likely be placed under arrested. Presuming that authorities have reasonable suspicion and probable cause, this action is most likely legally carried out. But what happens if an officer does this without the necessary evidence to back up a suspicion? This could generate a complex situation that could help a defendant poke holes in the state's case, evening suppressing evidence used against them.

False imprisonment occurs when an individual commits the act of restraint against another, which results in the confinement of that person in a bounded area. With regards to the act of restrain, this can be a physical barrier, the use of physical force, the failure to release or even the invalid use of legal authority. A bounded area only exists if the freedom to move is limited in all directions. This means that if there is a reasonable means to escape, then there are is not bounded.

North Carolina man facing drug crimes flees from court

When individuals in North Carolina and elsewhere are accused of a crime, many things rush through their mind. He or she may not be fully aware of their situation and what penalties it poses on their life. Regardless of the severity of the crime, the fact of the matter is that the accused must go through the criminal process to determine if he or she is convicted of the crime or not. Failure to go through this process could result in even harsher penalties.

This is what recently occurred when a North Carolina man accused of a drug crime apparently fled from his trial. Authorities claim that he was found wearing a wig as an attempt to disguise himself. Based on preliminary reports, the 44-year-old man was found guilty of several drug charges related to methamphetamine. An undercover investigation of him led to additional charges related to their discovery of heroine, suboxone, firearms and a bulletproof vest in his possession.

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