Character Evidence – Prior Bad Acts – NC Criminal Law Update In a recent (August 2, 2022) published opinion by the North Carolina Court of Appeals, the Court again addresses the admissibility of 404(b) Character Evidence. The State provided written notice of its intent to introduce evidence of prior conduct…
The Outer Banks is a great place to visit with its beautiful beaches, breathtaking views of the ocean, and plenty of activities. Visitors come from all over the world for their vacation on this pristine beach. But sometimes visitors can get in trouble while they are there. In this article,…
When can the State bring Assault Charges? Whether it’s a charge for assault with deadly weapon inflicting serious injury, simple assault, or even misdemeanor assault on a female, an “assault” is an essential element to such criminal allegations. That means, for the State to prove someone guilty beyond a…
The Doctrine of Recent Possession in North Carolina can be a bit confusing. Generally, it refers to the possession of recently stolen property. Historically, in the United States, such possession and the “doctrine” may prove relevant to determining the mens rea or the “evil mind.” It is an inference of guilt, proving criminal conduct. Sometimes…
What does “propensity to commit a crime” mean and when is 404(b) “Character Evidence” admissible in a trial for criminal allegations? The Rules of Evidence affect the disposition of civil causes of action, such as tort claims for accidents and personal injury matters, as well as criminal charges in North…
A violation of a DVPO in North Carolina can carry serious consequences if you’re convicted. The North Carolina criminal laws classify such offenses as upper-level, more serious misdemeanors. Defense lawyers may refer to that as an A1 misdemeanor or an “aggravated misdemeanor.” It is separate and apart from a factor…
No one plans to get arrested for assault charges or spend the night (or more) in jail. Allegations of assault or “assault and battery” tend to be related to pre-existing tensions, hard feelings, and in some instances, the overconsumption of alcohol. That’s especially true when charges involve Domestic Violence issues.…
The North Carolina court system, like many other businesses on the Outer Banks, is taking precautions to avoid the transmission of the novel coronavirus. OBX lawyers and law firms, under the Governor’s Shelter in Place Order, are considered “essential.” “Criminal defense attorneys are officers of the court and an important…
It seems like the media can report on little else than the COVID 19 or “Coronavirus” as of late. While there are genuine concerns about how the virus will affect us, the ordinary flu is something lawyers who handle cases on the Outer Banks deal with every year. Continuances and…
If you have a Warrant for Arrest against you, we strongly recommend you retain an Outer Banks lawyer without delay. We can help explain the court system, what to expect, and the most appropriate way to proceed. While service of process of any Order for Arrest (OFA) or warrant might…