If the police want to search your phone for evidence during a criminal investigation, they certainly may start by trying to look on the device itself. But they generally need your consent or a search warrant. This can make it difficult for them to actually look for...
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CRIMINAL LAW – Criminal Defense
What separates domestic violence from assault in North Carolina?
When disputes between individuals turn violent, people may contact emergency authorities. The individuals involved in an altercation, witnesses, concerned neighbors or medical professionals may involve the authorities. Police officers may then arrest one or more of...
Did an illegal search lead to criminal charges?
Prosecutors need relatively convincing evidence to justify serious criminal charges. They have a burden of proof when they take a case to trial. If the prosecutor can't convince the courts beyond a reasonable doubt that a specific defendant committed a particular...
What defendants often misunderstand about their Miranda rights
An individual's Miranda rights are a critical form of protection during encounters with law enforcement professionals. If police officers intend to question someone who is in state custody, they typically need to advise that person of their Miranda rights. People have...
How does North Carolina law enforcement conduct interrogations?
When questioned by law enforcement, the stakes are immediate and serious. What you say, or choose not to say, can directly affect your case. Since North Carolina police may mislead subjects during questioning, understanding how interrogations are handled can protect...
What does it mean to develop an affirmative defense?
People accused of crimes often want to exonerate themselves. They aspire to prove that they did not break the law. They can achieve this goal by partnering with a criminal defense attorney. Lawyers can help them evaluate the state's evidence and develop a strategy to...
Why not talk freely to the police?
Police officers like to ask questions. It is one of the best methods they have to obtain information that can help them solve crimes. They won’t always ask things directly, either. Detective movies starring the likes of Al Pacino or Robert De Niro as detectives often...
When can law enforcement search your vehicle during a traffic stop?
Traffic stops can be nerve-wracking, often especially if you’re uncertain of why you’ve been pulled over. While most stops are routine—such as for speeding or a broken taillight—they can sometimes escalate if an officer decides to search your vehicle. Understanding...
What makes burglary different from robbery?
People often confuse burglary and robbery, but the law treats them as distinct crimes. Understanding the difference helps you recognize the seriousness of each charge and the specific elements that define them. Each offense carries different legal consequences under...
Can you get in trouble for pretending to be someone else online?
Creating a fake profile or pretending to be someone else online might seem like harmless fun. However, this behavior can lead to unexpected legal issues. People sometimes refer to this as catfishing. While North Carolina doesn't have specific laws against online...