by Aaron Lee | Jan 1, 2014 | Criminal Defense, General, News
In North Carolina, and essentially every other state, any crime has four basic elements that must be proven before someone can be charged. The elements are the following: 1.) Actus Reus (physical act), 2.) Mens Rea (mental state), 3.) Causation, and 4.) Social Harm....
by Aaron Lee | Dec 31, 2013 | Criminal Defense
The answer to the question is simple: Not necessarily. Usually when charges are pressed against someone it is up to the District Attorney to decide if the charges will be dropped before the case gets to trial. Simply because the person who may have initially pursued...
by Aaron Lee | Dec 30, 2013 | Criminal Defense, Drug Crimes and Controlled Substances Defense, DUI & DWI
A popular question that often comes when discussing probable cause for a traffic stop is can a police officer stop someone based only on a visual estimate of their speed? In the Fourth Circuit that question appeared to be answered in the case of United States v....
by Aaron Lee | Dec 30, 2013 | Criminal Defense, DUI & DWI, Felony DUI
Implied Consent laws in North Carolina do require that anyone is suspected of driving while intoxicated must submit to chemical testing. Most of the time this is completed at the police station after an arrest has taken place. Police will set up the breathalyzer...
by Aaron Lee | Dec 29, 2013 | Criminal Defense, DUI & DWI, Felony DUI
In addition to severe criminal penalties that result from a DWI conviction separate expensive civil penalties may also result. Someone who is injured or has a family member who is killed as the result of a drunk driver may sue in civil court under a tort law. Not...
by Aaron Lee | Dec 20, 2013 | Criminal Defense, Drug Crimes and Controlled Substances Defense, Pedestrian Accidents
The very entry of law enforcement officers into a private residence is a search under the Fourth Amendment as seen in State v. Barnes where the court held that an intrusion into a home is a search under the Fourth Amendment because “physical entry of a home is the...
