The level of DWI charges affects the penalty
The Law Office of Kevin L. Barnett Blog
by Kevin L. Barnett
1y ago
If you’ve ever been pulled over in a North Carolina traffic stop, you no doubt understand how disconcerting such situations can be, especially if you wind up getting a ticket, or worse. If a police officer asks you to step out of your vehicle, you can logically assume that he or she suspects you of DWI. If you’re taken into custody, you might face misdemeanor charges.   There are five levels of DWI misdemeanor offenses in this state. Level I is considered a more serious offense than Level V. If a criminal court judge convicts you of DWI, the level of misdemeanor will have an impact o ..read more
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Arrest leads to multiple felony and misdemeanor charges
The Law Office of Kevin L. Barnett Blog
by Kevin L. Barnett
1y ago
A criminal charge can upend someone’s world, creating months or years of uncertainty while the North Carolina criminal process plays out. However, if someone is facing numerous charges, there may be even more at stake. It is possible for a single incident to result in both misdemeanor and felony charges, both of which can lead to long-term, lifechanging consequences. Charges piling up One local man’s encounter with police resulted in multiple criminal charges over several counties. Reports say the man failed to stop when police tried to pull him over, and he led officers on a chase that c ..read more
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Things to know about expungement
The Law Office of Kevin L. Barnett Blog
by Kevin L. Barnett
1y ago
If arrested, charged and convicted of a crime in North Carolina, the implications of the incidents in question may not only be immediate but far-reaching in life. It might be difficult finding a job after serving a sentence under conviction, for instance. Many people wish there were a way to wipe the slate clean and start afresh, without anyone knowing about their past. In some cases, this may be possible through a legal process known as “expungement.” If the court grants a request for expungement, a person would not be required to disclose the incident during a job interview or in most other ..read more
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When is deadly force permitted under North Carolina law?
The Law Office of Kevin L. Barnett Blog
by Kevin L. Barnett
1y ago
It is generally understood that people can use deadly force to defend themselves and their property. But, cases such as these are not always cut-and-dry. A recent case involving a car owner shooting a would-be car thief who was in the process of fleeing has raised some questions about the extent of criminal laws and defense around deadly force in North Carolina.  What law governs use of deadly force in self defense North Carolina?  The law on this topic is known as the “castle doctrine.” Under it, unlawful intruders who pose a deadly threat can be met with deadly force. How ..read more
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Justice Department announces new focus on white collar victims
The Law Office of Kevin L. Barnett Blog
by Kevin L. Barnett
1y ago
When white collar crimes are investigated, several factors are considered. The Justice Department recently announced that they will now be considering the impacts on the victims more significantly in its investigations. It also shared it will be holding executives of companies that enable such crimes more individually responsible. North Carolina prosecutors, defense attorneys and those who may be accused of white collar crimes should be aware of this shift as they prepare for the future. The news comes from a speech by the Justice Department’s assistant attorney general for the crimi ..read more
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What alcohol-related laws are on the books in North Carolina?
The Law Office of Kevin L. Barnett Blog
by Kevin L. Barnett
1y ago
Alcohol-related laws can vary greatly from state to state. It is a good idea for those living in North Carolina, or even visiting for a short time, to know what is and isn’t permitted in the state. Understanding these laws is especially relevant to those accused of an alcohol-related crime, and can be reviewed with a lawyer when determining a defense. Here are some of the main highlights of alcohol regulations in the state of North Carolina:  Open containers are not permitted inside vehicles. This includes any can or bottle with a broken seal, even if no one has drank from it ..read more
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Physical drug possession vs. constructive drug possession
The Law Office of Kevin L. Barnett Blog
by Kevin L. Barnett
1y ago
If North Carolina police take you into custody, it could take days, weeks or longer to process your case. Any number of issues can have an impact on the ultimate outcome, including whether you’re facing drug possession charges or charges related to another type of crime.   Regarding illegal drug possession, the exact type of possession of which you’re facing accusations is relevant, as well, such as physical or constructive possession. Understanding the difference between these two terms can be helpful in building a strong defense. Your knowledge of such terms can also help you deter ..read more
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Lawmakers consider proposal to legalize medical cannabis
The Law Office of Kevin L. Barnett Blog
by Kevin L. Barnett
1y ago
Across the United States, multiple locations have amended drug laws in recent years. Changes include legalizing cannabis, reforming drug policies to be more health-focused and decriminalizing certain psychedelics. According to experts, more states are poised to amend marijuana laws in the coming years. Is North Carolina one of the states that could legalize marijuana next? The question is of interest to many individuals, especially those who have faced the criminal justice system due to marijuana-related offences.  What ..read more
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Are Good Samaritan and Death by Distribution laws contradictory?
The Law Office of Kevin L. Barnett Blog
by Kevin L. Barnett
1y ago
Contradictory laws can cause many consequences, such as confusion or impacted decision-making for citizens. This is certainly true of the Good Samaritan and Death by Distribution laws in North Carolina. The Death by Distribution law has caused a great deal of fear amongst those who might otherwise have called for help in the case of an overdose, as they are unclear as to whether the Good Samaritan law would protect them if they made a life-saving move.  What is the Good Samaritan law?  Senate Bill 20, enacted in 2013, is meant to ensu ..read more
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What is the North Carolina Second Chance Act?
The Law Office of Kevin L. Barnett Blog
by Kevin L. Barnett
1y ago
There has long been controversy regarding the treatment of juveniles in criminal law. Many advocates say it is important prevent young offenders from weighed down by a criminal record for acts at such a young age, especially if the offence is non-violent.  The North Carolina Second Chance Act is a bipartisan bill that will allow for the expungement of a large number of juvenile criminal records in the state. Here is some information on the Second Chance Act and how individuals can seek expungement under the bill. What is the scope of the Second Chance Act? The Second Chance Act ..read more
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