What is the Difference Between Detainment and Arrest?
If you watch any of the reality police shows on television, you may notice that police sometimes place people in handcuffs rather quickly. Sometimes they tell the person that they are not being arrested, but instead are being detained. You may wonder what the difference is and when detainment turns into arrest. You will want to understand in case you find yourself in this particular situation.
What is Detainment?
What is Self Defense?
When you are faced with danger, you want to defend yourself. When you end up seriously hurting or killing the other person as a result, you might be charged with a crime. You may defend the charges with a claim of self-defense. Self-defense is an affirmative defense to a crime. In other words, you do not dispute that the situation occurred, but it happened because you were defending yourself or your property. However, you cannot claim self-defense in every situation. The law provides for the use of force under specific circumstances.
When Can You Use Force?
Pretrial Integrity Act Now in Effect
A new law is in place in North Carolina. The Pretrial Integrity Act went into effect on October 1, 2023. The bill was initially introduced as House 813 and was signed into law by Governor Roy Cooper on July 1, 2023. The law is designed to allow judges the ability to make decisions regarding setting bonds for defendants. Proponents of the bill wanted legislation in place to ensure that dangerous criminals would be kept in jail pending their trials.
Bond in Criminal Cases
Can I Record a Traffic Stop?
We live in the digital age, where everyone has a phone that takes photos and videos. Because of this, people have access to recordings everywhere they go. You are likely aware of the many postings of traffic stops and police encounters that are posted on a regular basis on social media sites. Allegations of law enforcement misconduct and even unwarranted violence are common. You may feel that you should record your police interactions. However, the ability to record something does not necessarily mean that it is legal to do so. Many people wonder whether they have the right to record a traffic stop in North Carolina.
Recording in Public Spaces
Do I Have to Identify Myself to the Police?
Many people watch police reality shows on television and notice that the police always ask for identification. In fact, it is usually the first thing they do when they approach someone. If you have been stopped by the police while driving, you know that the officer likely immediately asked for your name. Some people wonder whether they are required to identify themselves to the police. If you were charged with a crime, it is helpful to seek legal guidance from an experienced criminal defense attorney in North Carolina.
Must I Identify Myself to the Police?
How Can I Appeal a Guilty Conviction?
A conviction in a criminal case can be devastating. A conviction could result in serious penalties that could have a lasting impact on you and your family. When found guilty of a crime, you will face the sentence that a judge imposes based on the severity of the crime. You may hear that many people appeal their convictions, and some of them are successful. There is a legal method in place to file an appeal. A knowledgeable criminal defense attorney will help guide the appeal process.
Does My Case Qualify for Appeal?
I Was Charged With a Crime: Should I Plead Not Guilty?
Criminal charges are almost always serious. While some offenses are misdemeanors, others are felonies. Misdemeanors often carry fewer penalties, while felonies have stronger punishments, depending on the crime. If you are charged with a crime, one of the first things that happens is a first appearance. The judge will tell you what you are charged with, and you will need to enter a plea. The plea you enter will make a difference in the way your case progresses. The plea you make could have a long-term impact on your life and the lives of your loved ones. It is advisable to talk to an experienced criminal defense attorney before you enter a plea.
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Capital Punishment in North Carolina
North Carolina has various punishments for different crime convictions. The most serious of all crimes have the most severe penalties. The U.S. Supreme Court has ruled that the death penalty is only to be used for crimes that result in death, such as murder. Only about half the states have capital punishment in place. Capital punishment is a penalty for first-degree murder in North Carolina.
What is Capital Punishment?
Gun Permits No Longer Required in North Carolina
The Second Amendment of the U.S. Constitution gives citizens the right to bear arms. Many federal, state, and local laws are in place to govern gun ownership across the country. Recent legislation has removed the requirement for gun permits in North Carolina. This means that residents may purchase and own a handgun without having to obtain a permit from the local sheriff. This is a change to a permit requirement that was previously in place. The change takes effect immediately.
Handgun Permit Repeal
Can I Carry a Gun in My Car?
The Second Amendment of the U.S. Constitution provides all citizens with the right to bear arms. North Carolina has a gun ownership rate of 45.8%, which means that almost half the adults in the state own firearms. While it is your right to own a firearm, firearm owners must follow the law. Responsible gun owners need to know the laws to ensure that they are not charged with a gun crime. There are various laws in place that pertain to gun ownership in North Carolina.
Gun Ownership Laws
Charlotte Criminal Lawyer Blog