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 roadblock on the road to justice for disciplined North Carolina career State Employees. This article explains the common deadline 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.

A recent Supreme Court decision to not hear further appeal means home healthcare workers must be paid minimum wage and overtime- a ruling that will benefit potentially tens of thousands of North Carolina workers.

Yesterday I read an article about a recent appellate decision in Washington State, confirming the City of Port Orchard's liability for a bike accident allegedly caused by defective maintenance of a city street. I am licensed in Washington (currently inactive) spent the formative years of my legal...

NC State is working on a study to determine how best to decrease the incidents of car on pedestrian collisions. Drivers who hit pedestrians may be liable for the pedestrian's injuries, and injuries that exceed the driver's coverage may be covered under other policies.

Travis Payne argued a mandamus petition in Forsythe County on behalf of our client, a Kernersville firefighter, who was fired and then denied access to unredacted copies of documents used to support his firing. 

The new overtime rule issued by the Dept. of Labor requires that salaried employees who are deemed to be exempt from the Fair Labor Standards Act overtime requirement be paid a living wage.

Wake County District Attorney dismissed cases because of a judicial finding that former DWI task force member had lied on the witness stand in at least three different cases.

Summary of a recent important U.S. Supreme Court case affirming class certification in an overtime/unpaid wage case regarding Tyson Foods' refusal to pay employees for the time they spent "donning and doffing" required gear for work.

A more thorough exploration of January's 4th Circuit Court of Appeals case that clearly established a bright-line rule that tasers may not be deployed by law enforcement officers unless the subject to be tased poses an objective immediate danger and use of the taser could mitigate that danger.

Here is a link to the CLE manuscript for the panel presentation including firm partner Vanessa Lucas this afternoon at UNC Chapel HIll. The full schedule of the weekend's National Lawyer's Guild Regional Conference can be found here. 

Under North Carolina General Statute Sect. 14-72.11(2), a person is guilty of a Class H felony if the person commits larceny against a merchant "by removing, destroying, or deactivating a component of an antishoplifting or inventory control device to prevent the activation of any antishoplifting or inventory control device.

The DOL has released a new interpretation of the Fair Labor Standards Act and the Migrant and Seasonal Worker Protection Acts to combat a perceived growth in abusive employment practices involving third party labor contractors and similar devices to avoid obligations to workers.

The 4th Circuit recently ruled that GEICO wrongfully categorized its insurance investigators as exempt from the Fair Labor Standards Act overtime requirement, but ruled that the misclassification was not willful, and denied the workers liquidated damages and an extended statute of limitations.

Two separate lawsuits were filed against Disney this week by laid-off workers who claim that Disney colluded with two companies to replace them with foreign citizens through the H-1B visa program.

The Fourth Circuit Court of Appeals has now "clearly established" that law enforcement use of a Tazer is excessive force unless the individual being tazed poses an immediate threat.