Trying to gain access into a computer that is not yours is likely to land you in federal court. This is because the federal government has criminalized many hacking crimes as federal offenses. The Computer Fraud and Abuse Act is the primary law the government uses to go after hackers. In the event you become involved in a case where law enforcement charges you with the illegal access of a computer, the CFAA is the law you will likely have to deal with. As explained by FindLaw, here is a rundown of some of the important aspects of this law. The CFAA protects many electronic devices At first, th ..read more

The opioid crisis cost American taxpayers billions of dollars each year. It also costs thousands of American lives and destroys families. States and local jurisdictions have become increasingly desperate to address these problems. Some programs focus on treatment, but others aim to punish. Last year, North Carolina passed a law aimed at punishing, which spurred some controversy. According to WHQR Public Media, the law made it possible to charge alleged drug dealers with felonies if someone dies after ingesting meth, cocaine or opioids bought from them. Similarities with prior laws This law doe ..read more

Too many tickets can result in a loss of license in North Carolina. With the state’s driver’s license points system, even violations that seem small can add up to significant penalties. Review the North Carolina DMV point system to avoid an unexpected license suspension. Point-based suspension Getting 12 points in three years results in a license suspension for 60 days. After the suspension, the driver’s record resets to zero points. After the first suspension, a driver can receive a subsequent suspension after eight points within three years. A second suspension lasts six months, while a thir ..read more

The image of one blowing into a handheld breath testing device on the side of the road is the near-universal representation of a drunk driving charge. Thus, having authorities in North Carolina using the results of such a test as evidence against you may seem as strong as a conviction. Yet as many of our past clients here at The Law Offices of J. Darren Byers, P.A. can attest to, that is not the case. Breath test results are often viewed as unreliable (so much so that some courts do not even allow them as evidence). Challenging the results of such a test, however, requires that you understand ..read more

Drivers in North Carolina who want to enjoy their driving privileges must obey state and local traffic ordinances or face the possible suspension of their license. The North Carolina Department of Transportation notes that drivers who want to restore their licenses must fulfill several requirements beforehand. If you lost your license due to a DWI conviction or other traffic offense, there are a few steps you may need to take before you can restore your driving privileges. Suspension After a DWI, DUI or multiple traffic offenses, the state may suspend your license for a period of time, dependi ..read more

Federal investigations happen all the time. In every case, these investigations are serious. Try thinking about it this way: Law enforcement professionals commit hours of labor to uncover evidence of crimes. It takes training, technology and a high degree of inter-agency coordination to accomplish these complex endeavors. In the vast majority of cases, the only reason to expend this effort would be to secure a conviction. Expect strategy Because investigations are such an investment, you should probably be very careful if you find yourself the target. Federal law-enforcement agents are more th ..read more

The simple answer is yes, and drug addiction can impact drug charges. There are many factors that a judge has to consider when deciding on a case. One of these is drug addiction. An addiction will not absolve a person but may make a judge more likely to approve treatment as a sentence. A judge has some leeway when it comes to addiction and drug charges. Diminished Capacity Diminished capacity is an impairment that prevents a person from being aware that they are committing a crime. Some examples of diminished capacity are: Addiction Drug abuse Family dysfunction Poverty Mental illness Those wh ..read more

Accusations of drunk driving are incredibly serious, with potential life-altering consequences. You might anticipate jail time, fines and license suspension to follow a driving while intoxicated (DWI) arrest. But there may be more at stake. Depending on your situation, you may be required to install an ignition interlock device (IID). These tools can detect alcohol on a driver’s breath and prevent their vehicles from starting. Three ways risk mitigation can hinder moving forward An IID can function as a crucial step toward preventing drunk driving accident injuries. It can also serve as a reha ..read more

The opioid epidemic is a national threat, but states like North Carolina seem to suffer greater losses with a more widespread and far-reaching crisis. Recognizing the threat of opioid use and addiction is the first step toward reducing these deaths. Understanding the severity of the opioid epidemic in North Carolina can help shed light on the depth of this crisis. Overdose deaths continue to rise The Tar Heel state set records in 2020 with the highest single-year increase in fatalities due to opioid overdoses with more than 3,000 lives lost in that year. Unfortunately, 2021 saw a continuation ..read more

Chemical tests are a critical piece of evidence in a North Carolina DWI case. This is why it is important for you to understand the use of chemical testing and your right to refuse. Types of chemical tests Typically, the officers who pull you over on suspicion of driving while intoxicated will ask you to participate in field sobriety testing. You can refuse and often should refuse, but they will likely ask you to submit to chemical testing. The three forms of chemical tests include: Breath tests, which measure blood alcohol content through a breathing device Urine tests, which can also test fo ..read more