Cell phone searches are increasingly common, and incredibly intrusive. This brief article explores a recent 5th Circuit Court of Appeals decision ruling a search warrant for a cell phone was unconstitutionally broad because it did not limit the search to the type of data that would be responsive to the probable cause described the search warrant allowing the search.

Possession of a firearm by a convicted felon is illegal in North Carolina under both state and federal law. Depending on the defendant's criminal history and whether they are prosecuted in state or federal courts, the penalties can be extremely serious, and competent counsel should be retained.

Resist, Delay, or Obstruct charges in North Carolina can be frustrating to defend. Commonly known as "contempt of cop" charges, I have heard them accurately described as "no crime occurred until the police showed up." Having experienced legal counsel can positively affect the outcome of your case!

Uninsured or under insured motorist coverage may be available to people injured by someone else's bad driving, whether or not they were in a car at the time they were injured. It is important to talk to an experienced personal injury attorney to explore possible available insurance coverage.

It would be easy to assume that once a North Carolina criminal charge is dismissed there is nothing more to be done. However, even dismissed charges show up on background checks that have become routine in employment, housing, and other decisions. Some background checks might even show, for insta...

The Wake County Courts released a new memo today outlining the plan to reopen amid the Covid-19 pandemic. This article provides a brief overview of the basics of the plan, as well as a link to the memo.

A step-by-step procedural guide to obtaining North Carolina custodial law enforcement recordings, including body worn and dashboard camera footage.

Edelstein & Payne lawyers will present information regarding several legal issues relevant to North Carolina fire fighters, paramedics, and other local government employees at an upcoming "Know Your Rights" seminar in Statesville, North Carolina.

A traffic stop based upon an anonymous tip must be supported by law enforcement observations that confirm its reliability. The North Carolina Court of Appeals recently ruled that DWI evidence discovered after a traffic stop based upon an anonymous tip must be suppressed because no such corroborating observations were made.

Pending legislation in North Carolina might help provide additional expanded opportunities for those who have been convicted or accused to remove that criminal history from court and other records.

Today New York Times Magazine published a disturbing and detailed expose regarding ongoing allegations of gender based pay discrimination and large-scale sexual harassment at a company that owns many of the most common jewelry stores. The story details serial poor treatment of women, including su...

An anonymous tip mis-identifying the suspect as a white male and vaguely describing suspicious behavior was insufficient to support a warrantless traffic stop, and the contraband discovered during the stop should have been suppressed.

Expunction of old criminal history can improve employment prospects and should be pursued by anyone who is eligible!

IN a three-part series, the Raleigh News & Observer has captured the problems of the current use of bail in North Carolina courts. The piece published today details the high costs of pretrial incarceration for low-level offenders, to both defendants and society in general.  It's an issue I have a...

The Fourth Circuit Court of Appeals recently affirmed a trial court's ruling to suppress evidence discovered during the execution of a search warrant issued after police found cannabis stems and rolling papers in the defendant's curbside trash. This post explores the ruling and its significance to North Carolina criminal cases.

Constructive possession is a common theory of possession when contraband is not found on the defendant's person. To prove constructive possession, the government must prove that the defendant knew the contraband was there, and that they exercised control over it.

First appearance is a crucial event in a criminal case. This article provides examples and explanations that strongly support retention of a qualified criminal defense lawyer for the hearing.

Tight and unforgiving deadlines are a significant obstruction on the road to justice for North Carolina career State Employees facing disciplinary action. This article explains the common deadlines and the consequences of ignoring them.

The North Carolina Court of Appeals recently reviewed the factors for consideration of a North Carolina criminal defendant's assertion that his right to a speedy trial was violated. This article reviews the factors Courts should consider in ruling upon speedy trial motions.

Employee embezzlements are fairly common charges in North Carolina state courts, and do not always involve large amount of money or "white collar" criminals. This brief article explores the elements of an employee embezzlement as well as the consequences of a conviction.

The news lately is full of women coming forward to explain that they have been the victim of sexual abuse. Largely involving prominent men in positions of power enabling them to intimidate, coerce, or cover up their actions, these high profile stories have emerged in a variety of contexts often i...

Today is the one year anniversary of Wake Countys Pilot DWI Case Management Plan, which was adopted to streamline case management of Wake County DWIs and ensure greater opportunity for meaningful hearings.

An overview of self-defense law in North Carolina, including a newly published Appellate decision

Review of two recent North Carolina Appellate decisions, one regarding insufficient evidence to convict the accused of constructive possession and one about suppression of marijuana evidence discovered through a violation of the accused's 4th Amendment right to be free of warrantless searches in the absence of probable cause AND exigent circumstances.