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An overview of North Carolina's jail diversion program

It is not easy to face drug charges. Being accused of a drug crime tends to immediately impact a person's personal and professional life. Thus, taking immediate action can be imperative, because sometimes a deal can be worked out. Such a deal could provide the accused with the option to avoid jail time. Programs have been designed to help reduce the prison populations, while also helping those with substance abuse problems. These programs are known as jail diversion programs.

What is a drug diversion program? In North Carolina, they provide a jail diversion program as an alternative to incarceration for those arrested and jailed because of a mental illness. The idea is that a person is not jailed because of their illness and they receive treatment for their illness.

Did the arresting officer make mistakes during your DUI stop?

Getting pulled over by a police officer can immediately make anyone feel apprehensive. Even if you do not believe you did anything wrong, your nerves may still jump as the officer approaches your vehicle. You may start thinking of your actions earlier in the evening and wonder whether the drinks you had at dinner or with friends after work could affect the situation you now face.

Many people end up in this type of predicament, and even if they feel they have not acted in a harmful or negligent manner, if police suspect them of driving under the influence, they could still have charges brought against them. If you find yourself taken into custody on charges for DUI, you may think you have no hope for avoiding consequences. Luckily, that is not the case.

How a BAC level is determined and how to challenge a BAC test

When police officers in North Carolina stop a driver for a traffic violation or respond to a car accident, the officer may have a motorist step outside of their vehicle. In matters where drunk driving is suspected, a field sobriety test might be conducted. In order to rule out that a driver is not under the influence of alcohol, certain tests are conducted. In order to establish a driver's blood alcohol content level, a breath test is often used.

There are several methods to measure BAC. However, these are not always accurate, meaning drivers may have the opportunity in certain circumstances to contest the accuracy and validity of the BAC test. There are five ways to determine BAC. This includes obtaining samples of urine, saliva, hair follicles, blood and breath of a suspect. While there are several methods to establish BAC, the breath test is the only one used broadly by law enforcement because other methods, such as blood, are more invasive.

Using malicious intent for a criminal defense strategy

We all like to think that others have good intentions in the actions they take. And while law enforcement and state actors typically act with the best interests of the general public in mind, this unfortunately is not always the case. When individuals are charged with a drug crime, this does not automatically mean that the evidence collected is valid or that the arresting or prosecuting party has a valid claim to pursue an arrest or resulting charges. Because of this, it is vital that defendants understand that they could have been wrongfully charged due to malicious intent by law enforcement.

Malicious prosecution could occur if the case lacks sufficient evidence but is still pursued. In these matters, these cases are typically filed as a means to intimidate, harass, defame or otherwise injure the accused. While malicious prosecution could occur in both criminal and civil matters, when they occur in criminal matters, it is likely that a defendant could face serious penalties if they do not take a stand and bring light to the situation.

Developing a strong defense against drug charges

Even when a crime is described as simple or minor, this doe not mean that it can't have a major impact on the life of the accused or convicted. Because of that, individuals charged with a drug crime, no matter its severity, should take the time to understand your rights and options to defend him or herself.

Because drug crimes can carry with them harsh penalties, one is likely to seek ways to reduce or dismiss the charges against them. At Brennen& Walker Attorneys at law, our law firm is understanding of the seriousness and sensitivity of these matters. Whether this is your first drug charge or not, we are aware that this is an overwhelming matter that could severely impact the lives of our clients in the Concord area.

What constitutes possession with the intent to distribute?

Whether it is a search following a traffic stop or a search of a home, when law enforcement locates drugs in the possession of a suspect, this could result in drug charges. Any drug crime has the potential of carrying serious penalties; however, when the accused is found with a certain amount of a controlled substance, this could result in more than just a possession charge.

If authorities believe that the accused has the intent to distribute the drug in his or her possession, this could result in a more serious charge. But how does law enforcement prove such intent? Simply put, the amount or quantity of the drug in question could answer that.

Illegal study drugs teach a hard lesson

Your child worked hard in high school and accomplished things beyond your imaginings. With many options open, to your relief, your child chose nearby Strayer University or University of North Carolina at Charlotte. Maybe he or she won admission only a little further away to Duke. The future looks bright, and you have every confidence in what your child can achieve.

However, you are not naïve, and it is quite possible that your studious and responsible child will take advantage of the newfound freedom of college life and experiment with drugs or alcohol. It is common in the university environment, but you have legitimate concerns about how such behaviors will impact his or her future. However, beer and marijuana may not be the riskiest substances available to your ambitious student.

North Carolina's plan to tackled drunk driving this season

Let's face it. During the winter holidays we are more compelled to go to gatherings and celebrations where alcohol is served. And in order to get to and from these events, individuals in North Carolina and elsewhere will driver their vehicles. While this is fine for those consuming no alcohol or just a small quantity, it is extremely dangerous for those driving over the legal limit. This not only places their life and the lives of others at risk, but it also increases a driver's chance of getting pulled over for drunk driving.

There are many ways for law enforcement to spot a drunk driver and pull them over. Typically, this includes witnessing a driver violate a traffic law or stopping a driver at a checkpoint. This holiday season might be a little different in North Carolina, though. Reports suggest that police plan on waiting for drivers in parking lots.

Understanding the vertical gaze nystagmus test

Being pulled over by the police is a very stressful situation to be in. Many thoughts and concerns run through a driver's mind, and one of them is likely whether an officer will think he or she is under the influence of alcohol. We have all seen in on television and in the movies. Suspecting officers will ask the driver to exit the vehicle and begin the field sobriety test.

This test, which consists of various tests to provide evidence to support the presumption of intoxication, is frequently used during a DUI stop. But many drivers may not fully understand why these tests are conducted and what they really entail.

What is considered a civil rights violation during an arrest?

Being arrested is not an easy event to live through. It is especially difficult if you believe that you were wrongfully arrested based on your race. False arrests or false imprisonment can be a very emotional matter, generating animosity between society and law enforcement. While law enforcement officers are hired to protect and obey our laws, this does not always occur. And when an individual is arrested simply because of his or her race, this is likely a civil rights matter.

What is considered a civil rights violation during an arrest? It is obvious that law enforcement officers and other officials are given a tremendous amount of power through local, state and federal government agencies. This authority is to enforce the laws of the land and ensure justice. However, when these powers are misapplied or abused, this could give rise to a civil rights action.

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