What Constitutes the Offense of Assault

In North Carolina, there are three different kinds of assault, each with its own kind of punishment. For anyone facing an accusation of assault, it’s important that you first know under which part of the statute you will likely be charged.

Questions for a Family Attorney: Can a Spouse Sue the Other for Theft?

For couples that are separated, it’s not uncommon to think that one spouse may want to steal a valuable piece of property that is considered joint property. Now the question is, if one spouse takes something without permission, can the victimized spouse sue the other for theft? The general answer is no, but North Carolina doesn’t really have any specific cases that can give a definite answer to this question. However, there are certain situations where this general rule might not apply. Questions such as the one above often arise when a couple has separated, so here are some tips to keep in mind to protect your assets.
http://www.kurtzandblum.com/blog/questions-for-a-family-attorney-can-a-spouse-sue-the-other-for-theft

DWI Lawyer Says: “Peeling Out” Isn’t Necessarily Reasonable Suspicion

When a police officer suspects that a driver is intoxicated, he may only stop the suspect under very specific circumstances within the confines of the US Constitution. If an arresting officer conducts an unlawful stop, an unlawful arrest, or an unlawful search or seizure, any evidence against the suspect collected during the arrest may be suppressed at trial. This can and often does lead to the charges getting dropped. In the recent appellate case of State v. Johnson, the defendant, James L Johnson moved to suppress the evidence against him when he was arrested and charged with driving while intoxicated (DWI). That night, the defendant pulled up next to an officer in a left-turn lane, with his music blaring. When the traffic light signaled ‘go,’ the defendant accelerated abrubtly, screeching his tires and fishtailing his truck as he turned into the left lane in front of him.
http://www.kurtzandblum.com/blog/dwi-lawyer-says-peeling-out-isnt-necessarily-reasonable-suspicion

Raleigh Criminal Lawyer Questions the Legitimacy of Warrantless Search

Under the 4th amendment protections of the US Constitution, police cannot enter a home without a warrant except in exigent circumstances. Very recently, North Carolina police allegedly stormed a Durham home on suspicion of marijuana, entering the premises without a search warrant and terrorizing the people inside. Some of the incident was caught on video. The video, which was recorded by Vera McGriff, shows North Carolina police forcing their way into her home without a warrant on April 8, saying that they reported catching a whiff of a strong odor that smelled like marijuana. When the police demanded to search the house, McGriff had this to say about the incident, ""I told the officer, 'No you cannot come in my house without a search warrant.' The officer put his foot at the bottom of the door and four of them bum rushed me..."
http://www.kurtzandblum.com/blog/raleigh-criminal-lawyer-questions-the-legitimacy-of-warrantless-search