Our blog is for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. The information on this site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
It is a common misperception that “you have to take the breath test.” Nothing could be further than the truth. In fact, in some instances, it is in your best legal interests to refuse a breath test (i.e. EC/IR-II test) or other chemical analysis. North Carolina statutes prescribe that driving while impaired DWI/DUI is an...
DRUG & AMOUNT PRISON SENTENCE (in months) MINIMUM FINE Marijuana 10-50 lbs. 25-39 $5000 50-2000 lbs. 35-51 $25000 2000-10,000 lbs. 70-93 $50,000 More than 10,000 lbs. 175-222 $200,000 Synthetic cannabinoid (in 3 grams dosage units) 50-250 dosage units 25-39 $5,000 250-1250 dosage units 35-51 $25,000 1250-3750 dosage units 70-93 $50,000 3750+ dosage units 175-222 $200,000...
After a conviction for DWI, the judge determines whether there are aggravating or mitigating factors in fashioning a sentence. By law, the prosecutor must present your full record of traffic convictions to the judge along with all other appropriate grossly aggravating and aggravating factors, including your blood alcohol content. The defendant’s attorney may present all...
Drug charges against you may be dismissed or reduced if: The officer did not have a valid reason to stop you. The officer did not have a valid reason to search you, your home (or whatever place you were), or your vehicle. Your consent to the search was not free and voluntary or the officer...
When convicted of a crime, you may have many regrets. You may dislike having to disclose it on every application. As time passes, you may start to wonder if there is any way you can get that mistake off your record. In North Carolina, expunction (another word for expungement) can wipe the slate clean. When wanting...
Antique Firearms: Under 18 U.S.C. § 921(16), an antique firearm means “(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or (B) any replica of any firearm described in subparagraph (A) if such replica–(i) is not designed or redesigned for using...
Curios and Relics: Curios and Relics are defined under 27 C.F.R. § 478.11 as firearms that are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons. To be recognized as a Curio or Relic, a firearm must fall...
An often misunderstood issue is the concept of Gun Shows and the “Gun Show Loophole.” In order to “deal in firearms”, a person or entity must have a Federal Firearms License (FFL.) The term “Dealer” applies to: -Any person engaged in the business of selling firearms wholesale or retail; or -Any person engaged in the...
Under G.S. 14-404 the criteria to qualify for the issuance of a purchase permit include: (a) Upon application, and such application must be provided by the sheriff electronically, the sheriff shall issue the permit to a resident of that county, unless the purpose of the permit is for collecting, in which case a sheriff can...
Modern Firearms, as defined under Title I generally include any firearm which is not an antique, curio, or relic. Title I also defines Title II firearms, and indicates that they are unlawful to possess, unless the item falls under Title II and meets its requirements. What is a firearm under 18 U.S.C. § 921(a)(3)? “any...