Evidence Obtained by Search Warrant Illegally

It is true that in most cases if police have obtained a search warrant it is likely that any evidence they obtained as a result will be admissible in court.  In order to obtain a search warrant police must have probable cause and state with particularity what exactly...

North Carolina DWI Elements

What Does The State of North Carolina Have to Prove to Win a DUI? Like any other crime, the State of North Carolina must prove all DWI elements of the charge in order to win a conviction. And, each element has to be proven “beyond a reasonable doubt”...

Determining if Probable Cause Exists

In North Carolina an objective standard is used when deciding if probable cause or reasonable suspicion existed to execute a traffic stop.   The court will consider many factors in each case to determine if the actions of the police were reasonable.  The question...

Probationary Sentencing for DWI

If you are convicted of a DWI in North Carolina it is possible the judge may issue a probationary sentence.  The question usually arises as to what exactly a probationary sentence entails.  This can get a little complicated and is going to vary depending on what level...

Implications of DWI Charge

If you are charged with DWI that in no way means you will or should be found guilty.  The charge is just a beginning step in the process of determining if you should be convicted.  Every individual case will vary but there are almost challenges of the evidence that...