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Asheville, North Carolina, Criminal Defense Blog

Refusing to submit to a sobriety test in North Carolina

North Carolina laws regarding drunk driving are strict. A conviction can lead to everything from time behind bars to expensive fines, and it can leave a mark on your criminal record that can affect your future opportunities. It's overwhelming to face a drunk driving charge, and it is even intimidating to experience a suspected drunk driving traffic stop.

Because of the serious nature of drunk driving charges, some drivers may assume that it is reasonable to refuse to submit to a sobriety test. If you do this, you may think you are protecting yourself, but in reality, you could face serious penalties simply for refusing to comply. Whether you are dealing with the consequences of violating implied consent law or you are dealing with grave DWI charges, you may find it beneficial to learn about your defense options.

North Carolina men arrested for drug possession

Drug addiction and its consequences are touching more families than ever with tragedy and heartache. In cities all across North Carolina, law enforcement is seeing a decline in methamphetamines and an increase in heroin. While drug addiction is not a crime, many actions that relate to drug use are criminal offenses. This may result in penalties that do little to get to the root of the problem.

One example of this may be the recent arrest of two men whom police say were in possession of illegal drugs. Media reports do not indicate how officers discovered the contraband on the two, but the 28 and 29-year-old men now face charges of possessing what officers suspected to be meth. They also apparently carried items allegedly used to induce the drug, such as straws and pipes. One of the men was also charged with marijuana possession.

North Carolina man charged after firing gun in workplace

Because of the many instances of gun violence across the country, it is understandable for people to become upset or frightened when reports of weapons or gunfire arise. Law enforcement may react quickly to minimize the potential for tragedy. This may result in severe charges for anyone involved. One North Carolina man is facing felony charges after a weapons incident inside his wife's place of employment.

The man was formerly employed by a food plant, which is located across the street from an elementary school. During the Friday night shift, the man came to the plant, entered the break room and allegedly fired his gun. No one was struck by the bullet, but one woman was taken to the hospital for injuries suffered while trying to escape in the pandemonium of the evacuation that followed.

North Carolina deputies face drunk driving charges

No one knows better the dangers and tragic consequences drunk driving may bring than law enforcement officers. North Carolina police make countless arrests and see numerous accidents when drivers get behind the wheel after drinking. This is why it may be difficult to believe when a police officer is charged with DWI. Nevertheless, two deputies were recently arrested in separate incidents and charged with drunk driving.

The first officer, who had worked with the sheriff's office about six years, reportedly backed a police vehicle into a tractor-trailer that was parked along the curb. The incident happened around 2 p.m., and no one was in the truck at the time. The deputy was placed on administrative leave, and his case is under investigation.

North Carolina police must follow search and seizure rules

One of the first rights the founders of the United States fought for was freedom from police searches that invaded the privacy of citizens and the sanctity of their homes. While laws now protect residents in North Carolina and across the country from illegal search and seizure, many citizens may not have a clear understanding of what law enforcement may and may not do when they want to search someone's home, car or body. In some cases, police may count on a person's lack of knowledge of their rights in order to overstep their boundaries.

Police may conduct a search to look for stolen items or evidence of wrongdoing. However, they may not arbitrarily search without first having a reasonable suspicion that the evidence is present. In some cases, they must detail their suspicions to a judge to obtain a warrant for a search. However, most searches are conducted without a warrant, which is why the subject of a search must be especially protective of his or her rights.

Taking your fraud charges seriously

North Carolina readers may know fraud is a term used to describe various types of criminal activity. If you are facing these charges, you would be wise to take your situation seriously. While fraud cases often lack a violent element, individuals convicted of this type of crime could have myriad serious and life-altering repercussions.

Fraud is a type of white collar crime, and it involves offenses in which a person attempts to make financial gain through deception. If convicted, you could face extensive time behind bars, have to pay expensive fines and be left with a mark on your record that could affect the rest of your life. It is prudent not to face these charges alone, but to act quickly to build a strong defense.

Parents giving kids alcohol may lead to underage drinking charges

Apparently, the problems involving youths and alcohol are not restricted to North Carolina. In fact, U.S. researchers are looking closely at a recent international study about the consequences of parents offering alcohol to their teens. While many parents may feel they are doing a good thing by providing a safe place for their children to drink, the research does not agree with this well-meaning philosophy.

Health officials in Australia published a report from information gathered after following nearly 2,000 young people for six years. The children were permitted to drink alcohol at home in varying degrees, from sips to full-blown parties. What researchers learned is that the amount of alcohol offered made little difference. Any children whose parents provided them with alcoholic beverages seemed to have a higher risk of problems related to alcohol use.

North Carolina man faces drug possession charges after traffic st

The search of one's vehicle during a routine traffic stop can only be made under very specific conditions. While some of those conditions follow specific rules, such as the execution of a search warrant, others may be up to the police officer's subjective choice. Some North Carolina officers may take advantage of a driver's unfamiliarity with the law and search a vehicle without probable cause.

One local man was arrested after a search of his vehicle allegedly revealed illegal drugs. Police say the man's headlight was out, so they pulled him over. During the stop, the officer ran a records check and discovered that the man's license had been suspended, although the reason for the suspension was not reported. Police subsequently searched the man and his vehicle.

Drunk driving charges filed after man drives car into house

Underage drinking laws exist because, in most cases, young people may not realize how alcohol affects them. For some who have only been driving legally for a few years, alcohol adds an element of danger they are not ready to handle. One young man in North Carolina has learned this lesson through tragedy and now faces drunk driving charges.

On the night after Thanksgiving, the 19-year-old man was visiting the home of his 24-year-old friend and the friend's 26-year-old girlfriend. The three allegedly drank numerous malt beverages that the couple purchased. At some point in the evening, the woman went to a nearby liquor store and purchased a bottle of Hennessy, which she reportedly shared with her guest. Just after midnight, the younger man left the house and drove through a residential neighborhood.

New Year festivity brings weapons charges for North Carolina men

A celebration often brings noisy revelry and unorthodox methods of expressing excitement. For some in North Carolina, cheering and shouting is enough, and others may blare their car horns or use special noisemakers for the occasion. However, some partiers, especially on New Year's Eve, bring out more dangerous noisemakers, and this may lead to charges for weapons offenses.

Local police responded to citizen complaints of shots fired just after midnight on the first day of the new year. The caller reported that a weapon had been discharged into a residence. When officers arrived at the neighborhood, they located two men who had been firing guns in celebration of the new year. Officers confiscated handguns and rifles and arrested the two men on numerous charges.

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Asheville, North Carolina, Criminal Defense Blog | Messer Law Firm