Wilmington Criminal Attorney Blog | Clinton DUI Lawyer | North Carolina Domestic Violence Law Firm

GPS may soon track domestic violence offenders in North Carolina

On behalf of Christina Rivenbark & Associates posted in Domestic Violence on Monday, May 20, 2013.

Individuals convicted of domestic violence offenses could face more scrutiny and requirements if a proposed bill is passed in North Carolina. State lawmakers have proposed a bill that would increase the surveillance of domestic violent offenders to protect victims of domestic violence.

The bill would allow judges in North Carolina the discretion to have a domestic violence offender wear a GPS tracking device to monitor their location. If the offender went to a prohibited location, like a victim's home or workplace, the victim and the police would be notified of the offender's location and the offender could possibly face charges for their violation.

DUI arrests may increase if states adopt NTSB recommendations

On behalf of Christina Rivenbark & Associates posted in DUI/DWI on Wednesday, May 15, 2013.

Drunk driving arrests may increase if North Carolina adopts the National Transportation Safety Board's recommendations to reduce the threshold for drunk driving offenses. The NTSB recently recommended that states reduce the threshold for drunk driving to .05 blood-alcohol content level instead of .08 percent.

The recommendation was issued to try and reduce the number of fatal car accidents caused by drunk driving throughout the U.S. The NTSB said they recommended the .05 BAC level because that is what over 100 other countries have as their legal alcohol content standard. The NTSB reported that Europe saw a decrease in drunk driving fatalities after they adopted the .05 BAC standard.

North Carolina teen charged with felony weapon offense

On behalf of Christina Rivenbark & Associates posted in Criminal Defense on Thursday, May 9, 2013.

Weapon offenses can result in serious charges for individuals in North Carolina. One of the most recent cases involves a high school student in North Carolina who was recently arrested for leaving two shotguns in his vehicle at school.

The senior high school student is facing a felony charge for having a weapon on school property in North Carolina. Officials said they seized two unloaded shotguns in the student’s car parked in the school’s parking lot.

Sex traffickers in NC to register as sex offenders

On behalf of Christina Rivenbark & Associates posted in Sexual Assault on Wednesday, May 1, 2013.

North Carolina is changing who is required to register as a sex offender. Starting on Dec. 1, individuals convicted of forcing minors into prostitution will have to register as sex offender. The new law was passed to address sex trafficking offenses in the state.

The new law will require pimps and other individuals convicted of selling minors into prostitution to comply with North Carolina sex offender registration requirements. North Carolina has had a sex offender registry since 1996 that includes an online database of all registered sex offenders and is available for the public to search.

North Carolina may increase restrictions on DWI offenders

On behalf of Christina Rivenbark & Associates posted in DUI/DWI on Wednesday, April 24, 2013.

North Carolina lawmakers want to change the state's drunk driving laws to make it more difficult for DWI offenders to drive. They have proposed a bill that would place more restrictions on offenders who had a blood-alcohol content twice the legal limit or higher when arrested.

Current state law limits first-time DWI offenders' driving privileges and requires offenders to install ignition interlock devices to measure the amount of alcohol on their breath before the vehicle can start. The current limit BAC limit for offenders with a restricted license is .04 percent, meaning if the person blows higher than .04 percent, their vehicle will not start.

North Carolina still prosecuting juveniles as adults

On behalf of Christina Rivenbark & Associates posted in Juvenile Crimes on Thursday, April 18, 2013.

North Carolina's juvenile justice system continues to be under scrutiny for their harsh punishment against older teenagers. Did you know that North Carolina is only one of two states in the U.S. that prosecutes 16 and 17-year-olds as adults for even minor crimes?

Advocates for reforming North Carolina's juvenile justice system believe that not all 16 and 17-year-olds should be charged and tried as adults. Advocates say that sending teenagers to adult prison only increases the chances that the juvenile offenders will offend again and end up in and out of prison as adults.

DNA evidence still being destroyed in North Carolina

On behalf of Christina Rivenbark & Associates posted in Criminal Defense on Tuesday, April 9, 2013.

Wrongful convictions continue to plague North Carolina's criminal justice system, leaving many to blame law enforcement for losing or destroying evidence that could now prove someone's innocence. Before DNA evidence was able to be tested in crime labs, many law enforcement agencies did not keep track of evidence collected or even worse, they had the evidence destroyed.

DNA evidence has become a crucial part of the investigation process used by police as it can either make or break a case. DNA evidence can prove someone's guilt as well as prove someone's innocence after being arrested or charged with a crime. Despite the important role DNA has in criminal cases, law enforcement's lack of knowledge and organization may have lead to many wrongful convictions in North Carolina.

Supreme Court rules dog sniff without warrant unconstitutional

On behalf of Christina Rivenbark & Associates posted in Drug Possession on Wednesday, April 3, 2013.

How the police find evidence against suspected drug offenders may soon change, at least when they are using drug sniffing dogs outside a suspect's house without first obtaining a warrant. The Supreme Court recently ruled that police must have a search warrant before they can use drug sniffing dogs outside a person's residence.

The ruling could have a significant impact on drug charges resulting from police using drug sniffing dogs to obtain a warrant to search a suspect's home. Under the Supreme Court ruling, law enforcement will have to have probable cause for a search warrant to use drug sniffing dogs, which will also impact if and how police are able to get another warrant to search inside a suspect's home if their dogs indicate that illegal drugs may be present.

Juveniles tried as adults: who should decide?

On behalf of Christina Rivenbark & Associates posted in Juvenile Crimes on Wednesday, March 27, 2013.

The juvenile justice system is under debate again over a new bill proposed in North Carolina that would allow prosecutors to determine whether a juvenile offender is tried as an adult. House Bill 217 would give North Carolina prosecutors the discretion to try juveniles age 13 and older as adults in the criminal justice system.

Currently, judges in the juvenile court system decide which juvenile offenders will be tried as adults and many judges take into consideration the severity of the crime, along with several other factors before deciding which court to try the youth offender in.

North Carolina may change DWI habitual offender law

On behalf of Christina Rivenbark & Associates on Thursday, March 21, 2013.

North Carolina wants to increase the penalties for drunk driving. Two proposed bills in the state would change who is labeled as a habitual offender and how long drivers are labeled as habitual offenders.

Proposed House Bill 40 would label drivers convicted of their third impaired driving offense within 10 years as a habitual offender instead of after their fourth offense under current law. Proposed House Bill 31 would make individuals be labeled as habitual offenders indefinitely instead of the current 10 year requirement.