${site.data.firmName}${SEMFirmNameAlt}
No matter the scope of your issue, call our firm
en espanol 704.594.4128
contact Menu

Representing Clients In Concord And Throughout North Carolina

view our Practice areas

Concord Legal Blog

Texting and driving can lead to fatal crashes

Everyone in North Carolina relies on technology to make their lives easier. And in some cases, technology serves as a way to entertain them or allow them to stay connected with others. While this can be very beneficial for their busy lives, this does not mean it should be used at all times. However, some motorists think it is fine to pull out their cell phone while they are driving. Even if it is only a mere glance at a text, that could be the second that causes them to collide with another vehicle. All it takes is a fraction of a second to cause a crash.

When a person uses their cell phone behind the wheel, the fact of the matter is that their eyes are not on the road, their hands are not on the wheel and their mind is not on the task of driving. Although motor vehicles have become safer and there was a general decline in fatal accidents going back a decade, there has been a spike in fatalities the past few years.

Understanding racial profiling and false arrests

When an individual is arrested, it is assumed it is because he or she broke the law. While this is often the case and police officers are expected and entrusted to carry out their duty to arrest those who broke the law, some individuals are falsely arrested. This means that they are unlawfully arrested based on false allegations. In some cases, this could mean simply being arrested because of one's race

Racial profiling is a longstanding issue in North Carolina and other states across the nation. It occurs in cities across the U.S. and is when law enforcement officers and private security workers target people of color. It is often done to humiliate them, frequently frightening them with detention, interrogation and searches. This is all done without any evidence of criminal activity and is based solely on the perceived race, ethnicity, national origin or race of the individual.

Helping people clear their name following a false arrest

We all know the phrase "innocent until proven guilty." While this is the case when a person is in a court of law, this is not always the case when police officers arrest an individual for a presumed crime. If probable cause does not exist and an arrest warrant has not been issued, then a police officer may not arrest an individual. However, some officers in North Carolina believe that their arresting powers are unlimited, arresting certain defendants without the necessary probable cause. When a false arrest occurs, defendants may be able to use this not only as a defense options but also as a way to recover damages.

When an individual realizes that they are a target for a false arrest, they are more prone to act against this. This could be viewed as resisting an arrest. However, this is recognized as the individual's right to self-defense against an unlawful arrest. This defense option typically applies when the arresting officer has used more force than necessary to effect the arrest, and the resistance by the defendant was only used to the extent necessary to protect against great bodily harm.

Truck driver charged with drunk driving after overturning truck

Driving is a privilege. Many travel in motor vehicles to get to and from work, school, stores and other destinations. However, there are some individuals that drive for their job. Truck drivers are known for this, and frequently travel long distances to transport goods from one state to another. Thus, when a truck driver is accused of driving under the influence, he or she could have serious penalties that could impact his or her personal and professional life.

According to recent reports, a tractor-trailer turned over in Mocksville, North Carolina. North Carolina authorities reported that the truck overturned on Interstate 40, causing a partial shutdown of the road. Police confirmed that the crash only involved the tractor-trailer, and that it happened when the driver ran off the road. This caused the truck transporting spaghetti sauce to flip over, spilling the sauce everywhere. Some diesel also spilled onto the roadway as a result of the accident.

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.

Email Us For a Response

connect with us

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location

Brannen & Walker Attorneys at law

141 Union Street S
Concord, NC 28025

Phone: 704-594-4128
Fax: 866-413-9893
Map & Directions

Review Us