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.
]]> While the NTSB wants to reduce the alcohol content legal limit for safety reasons, many legal experts are worried about the impact reducing the standard would have on DUI arrests and convictions. If North Carolina or other states adopt the recommendations into law, it would most likely increase the number of drivers arrested for drunk driving.This is because it would take fewer alcohol drinks for someone to potentially become intoxicated and get behind the wheel without thinking they are drunk. For many people, it would take a lot less alcohol alcohol or fewer drinks for a driver to have a .05 BAC. Research shows that a 120-pound woman having one drink within the hour could have a .05 BAC and a 160-pound man would have a .05 BAC after having two drinks.
The NTSB said it is not their intention to increase the number of drunk driving arrests or stop people from drinking. However, they did say that any amount of alcohol in a person's system can affect their driving performance so it is best for people not to drive even if they've had one or two drinks.
While the NTSB would like to see states change their drunk driving laws, they are only able to make recommendations and it is up to each state propose any legislative changes. If North Carolina does adopt the lower standard, more drivers may find themselves being arrested for drunk driving even after just one drink.
Source: WNCT, "Tougher drunken driving threshold recommended," Joan Lowy, May 14, 2013
]]>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.
]]> School board officials said that the student will still be allowed to graduate but he will have to attend an alternative school as it is school policy to expel any student who brings a weapon onto the school’s campus. The student’s family is not happy that he was expelled and will have to attend a different school to graduate but the school board is firm with their policy and said that he cannot attend the same high school after being expelled.Police in North Carolina have not commented on the felony charges filed against the 18-year-old student. If he is convicted, he could face severe penalties and have the offense on his criminal record.
This case shows the impact a weapons offense can have on a person’s life, even if the person had an unloaded gun. In addition to having the offense on their criminal record, individuals can face other consequences such as losing their job or their ability to attend the school of their choice.
Weapon offense need to be taken seriously by anyone who is arrested and charged with a crime. Individuals facing weapon charges should contact a criminal defense attorney to discuss their case and what options may be available to reduce the impact the offense will have on their future.
Source: WRIC, “NC Teen With Guns At School Gets Liberty Scholarship,” May 3, 2013
]]>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.
]]> Lawmakers hope that the bill will reduce the number of sex trafficking crimes in the state. North Carolina has become one the top ten states for sex trafficking in the U.S. The Wilmington area in North Carolina has become a hotspot for trafficking due to the city's easy access to highways and because it's close to a military base, according to anti-sex trafficking organizations that track sex crimes in the U.S.Since the new law will require pimps convicted of sex trafficking to register as sex offenders, lawmakers are hoping that it will reduce the high number of human trafficking crimes committed in the state. Advocates for public safety support the new law, saying that it will keep the public more informed about sex offenders in their community as well as force convicted pimps to have more probation requirements and supervision.
The new law will most likely mean more people will be required to register as a sex offender in North Carolina. Being convicted of a sex crime is very serious, especially when you consider how a conviction can impact the rest of an offender's life.
Source: Port City Daily, "New law: Convicted pimps must register as sex offenders," Ben Brown, April 25, 2013
]]>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.
]]> The proposed bill would significantly impact DWI offenders with ignition interlock devices. The proposed bill would require DWI offenders to have no alcohol in their system before they are allowed to drive their vehicle, instead of the current limit of .04 percent.There is a lot of support for the proposed bill as experts report that over 2,000 people have been killed in drunk driving accidents in the last five years in North Carolina. Supporters of the bill say that it will help reduce the number of drunk driving accidents, and promote the importance of having a designated driver because the consequences are harsher if a driver is caught driving while intoxicated.
The House already voted to approve the bill, and now the Senate will vote on the bill. If it is approved and becomes a law, many DWI offenders could be impacted. Having driving privileges taken away or being forced to install an ignition interlock device can be costly. Under the bill, offenders will have to make sure they do not have any alcohol in their system because if they do, they will not be able to drive.
Source: WNCT, "Lawmakers tightening the belt on DWI offenders," Jonathan Rodriguez, April 5, 2013
]]>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.
]]> Research has found that when teenagers commit a crime, one of the biggest influences on a teen's behavior depends on the connection he or she has with his or her family. If the teen is spending time in prison for a misdemeanor offense, they are spending more time with prisoners than with their family and other good influences that could help reduce their chances of offending again in the future.When teenagers are sentenced as adults, they have a conviction on their adult criminal record. In other states that don't prosecute teenagers as adults, juvenile offenders will not have a conviction on their criminal record as an adult. Unfortunately in North Carolina, juvenile offenders will have to carry the stigma of having a criminal record with them for the rest of their lives, making it more difficult for them to find employment, and housing and may even impact their ability to get into their top college choice.
The good news is that North Carolina is currently considering a bill that would allow 16 and 17-year-olds who commit minor offenses to be sent to the juvenile justice system. Under the bill, offenders would continue their schooling and learn work skills that would prepare them for adult life. Teenagers who commit serious offenses would still be punishable under the adult system.
If the bill passes, fewer juveniles would be charged as an adult for misdemeanor offenses, giving them a better chance at succeeding in the future.
Source: News Observer, "Stop turning NC teens into gladiators," Newt Gingrinch, April 14, 2013
]]>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.
]]> To address the dangers of police losing or destroying DNA evidence collected at crime scenes, North Carolina passed a law in 2001 that requires biological evidence to be retained for a certain amount of time, including evidence from unsolved crimes. The law also requires that police must first have a judge's approval to destroy evidence, which can only be approved after defense attorneys have been notified and can make sure there are not appeals or unsettled claims in the case before the evidence is destroyed.While the law has been in place for over a decade, some believe that it is not being followed by North Carolina law enforcement agencies. Advocates for the law and creating stricter DNA requirements for police include the Center on Actual Innocence, who say that many police and clerks' offices have not focused on making sure old DNA evidence is properly preserved.
DNA evidence can be very important in criminal cases, especially for individuals who have been wrongfully charged or convicted of a crime. Laws in North Carolina are supposed to make sure that DNA evidence is saved and organized so investigators, prosecutors and defense attorneys can all have access to the evidence in the case. This is especially important for convicted offenders who are trying to appeal their conviction or be exonerated. Unfortunately, wrongful convictions and destroyed evidence may continue to happen if the criminal justice system does not address these issues and make some changes.
Source: News Observer, "Discarded evidence costs some NC inmates a chance at freedom," Mandy Locke, March 16, 2013
Our law firm represents individuals charged with criminal offenses. To learn more about our law firm, please visit our criminal defense page.
]]>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.
]]> The ruling stems back to a case where police officers seized evidence from a suspect's house after a drug sniffing dog indicated that illegal drugs may be present. The police officers did not have a search warrant to use the drug sniffing dog outside the man's house. After the police searched the man's house, he was later charged with drug trafficking with evidence found inside his house. The man's attorney said that the evidence was obtained unlawfully since the police did not have a warrant before using the drug sniffing dog, which then led to the police searching the man's home.The Supreme Court justices voted 5-4 in favor of the defendant, saying that the Fourth Amendment protects individuals from the police being on their property and searching for evidence without probable cause. The justices said that police do not have the right to look for evidence on a person's front porch because that is essentially a person's home, and the Fourth Amendment protects citizens from unlawful search and seizure.
The ruling could impact people facing drug charges that result from police seizing evidence without obtaining a warrant first. Individuals who have been arrested or charged with a drug crime should contact a criminal defense attorney to discuss their case. Under the Supreme Court ruling, some evidence may be excluded and charges could be dropped if police have no other evidence against the suspect.
Source: WNCT, "Court: Drug dog sniff is unconstitutional search," Jesse J. Holland, March 26, 2013
]]>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.
]]> Like any juvenile justice bill proposed in North Carolina, there is much debate surrounding this bill. Juvenile court judges and defense attorneys are opposed to the bill, saying that judges are the best ones to decide how a juvenile is charged because they have the best interests of the community and the juvenile in mind.Those opposed claim that sending more teenagers to adult prisons will not improve the safety of the community because many juveniles sent to adult prisons end up reoffending instead of receiving treatment or being involved in community outreach programs. Opponents also said that prosecutors are not as impartial as judges and they may feel obligated to send a certain number of juveniles to the adult system to crackdown on crime, regardless of how serious the offenses are.
While many have voiced their opposition to the bill, many prosecutors are in favor of passing the bill. Prosecutors said that they should have a say in how juvenile offenders are charged, especially for offenders who commit serious felony crimes.
If the proposed bill is passed, prosecutors would decide whether or not to charge teenage offenders as adults for certain felony crimes instead of juvenile court judges. This could mean that more juveniles would end up being charged as adults in North Carolina but only time will tell if and when the bill is passed by lawmakers in the state.
Source: WSOC, "Bill would allow prosecutors to decide whether to try juveniles as adults," Mark Becker, March 20, 2013
]]>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.
]]> House Bill 31 was proposed to close a loophole that allows individuals to continue getting into serious drunk driving car accidents and only being labeled as a habitual offender for a decade. Once the offenders have served their time and the label is removed, many would continue to reoffend several times during the next decade and the cycle would repeat.Some lawmakers opposed to the bill said that they didn't think the habitual offender label should last for the rest of someone's life but the measure passed in the House. Both bills were passed by the House and now the Senate will vote on them.
If the bills are passed by the Senate and signed into law, it would significantly impact people arrested and convicted of driving while impaired, especially if it is a third offense within 10 years.
This is why it is important for individuals arrested for suspicion of driving while impaired to contact a criminal defense attorney as soon as possible to protect their rights now and in the future.
Source: The Times News, "House supports tougher DWI laws," March 20, 2013
]]>Now, the North Carolina Supreme Court has issued a ruling on these cases that will impact many prisoners in the state. The North Carolina Supreme Court ruled that offenders convicted of murder, rape and other crimes that were sentenced to life in prison during the 1970s will not be released early even though life terms were defined as only 80 years in prison.
]]> The North Carolina Supreme Court heard the defendants' arguments that they should be released from prison through the credits they had earned for good behavior and work they did in prison instead of remaining in prison for the rest of their lives.The main issue at hand was the fact that prisoners sentenced to life in prison during the 1970s were still able to receive credits for good behavior. The Division for Adult Correction in North Carolina has a system that allows prisoners to earn credits for good behavior and work they have done while in prison. These credits can help reduce prisoners' sentences.
For offenders who were sentenced to life in prison, these credits were supposed to help determine their eligibility for parole. North Carolina said that these were supposed to apply towards reducing custody restrictions and their incarceration if they were re-sentenced later on. However, offenders who were sentenced to life in the 1970s were not banned from receiving the credits to help reduce their sentences, which is why the State Supreme Court was hearing the case.
The state said that there are 122 prisoners in North Carolina sentenced to life in prison defined as 80 years. The Supreme Court ruling means that these prisoners will remain in prison and not be released early, despite how many earned credits they have received while serving their sentences.
Source: WRAL, "NC Supreme Court affirms life sentences from 1970s," March 8, 2013
Our law firm represents individuals facing criminal charges. To learn more about our law firm, please visit our Wilmington Criminal Defense Attorney page.
]]>A new report found that fewer juveniles are serving long-term prison sentences in the U.S. compared to previous years. The report said that 2010 saw the lowest number of juvenile offenders in prisons and detention centers since 1974. In fact, the incarceration rate for juveniles has been declining since 1995.
]]> What has lead to the decline in the juvenile incarceration rate? The report suggests that teenagers are not getting into as much legal trouble as they used to. However, the main finding attributed the decline to how states are punishing juveniles who commit crimes.Recent studies show that incarcerating juvenile offenders does not help prevent juveniles from committing crimes in the future. In fact, studies have suggested that juveniles who have been locked up previously for committing minor offenses are more likely to offend again.
This finding has lead to many states, including North Carolina, to look to community-based or county programs for juvenile offenders instead of sending them to state prisons. Juvenile justice experts say that these programs can give juvenile offenders help and education instead of punishment as well as help them avoid criminal charges in the future.
Juvenile justice reform advocates were hopeful that this report can help show why juvenile offenders benefit from treatment and education programs instead of punishment. Unfortunately, many juvenile justice programs that involve community programs rely heavily on state funding so it can be difficult to adequately fund these programs that can significantly impact juvenile offenders for the rest of the lives.
Source: FindLaw, "Juvenile Incarceration Rate Lowest Since 1975," Deanne Katz, March 6, 2013
]]>North Carolina lawmakers recently proposed a bill that would make easier for individuals with criminal records to obtain a business license. The bill would require occupational licensing boards to review applications from people with criminal records and consider different factors before denying an applicant with a criminal record.
]]> Most significantly, the bill would prohibit a licensing board from automatically denying an application for a business license based on the fact that the applicant has a criminal record or history.The bill states that licensing boards would have to consider the level and seriousness of the crime on the applicant's criminal record. Other factors that would have to be considered include when the crime occurred, the age of the applicant when the crime happened and the connection between the crime and the duties the person would have after obtaining a business license. They also said the licensing board should consider the criminal conviction and sentence the person received and the employment history of the applicant after the crime was committed.
The proposed bill does state that business license applications can still be denied if the applicant's criminal history warrants a reason not to approve their application, such as a crime involving fraud or if the applicant has multiple criminal convictions. Business license applications can also be denied if the applicant refuses to have a criminal history check.
If the bill is passed, it could help many people with criminal records have a better transition into society by helping them find a new career and increase their potential to become a part of a community. It could also decrease the rate of recidivism in North Carolina.
Source: Your Daily Journal, "Business licensees' could get relief from criminal history bill," Laura Edington, Feb. 26, 2013
Our law firm represents individuals facing criminal charges. To learn more about our law firm, please visit our Wilmington Criminal Defense Attorney page.
]]>During the 1970s, life in prison was defined in North Carolina as being sentenced to a maximum of 80 years in prison. Now the State Supreme Court will decide if offenders sentenced to life in prison during 1974 and 1978 will remain in prison or if they will be released. If the court rules that offenders do not need to remain in prison for the rest of their lives, offenders who received the maximum 80 years in prison may be released from prison early due to good behavior credits.
]]> North Carolina's Department of Correction has a system that allows prisoners to receive credits for good behavior and conduct, which they call good time. They can receive credits for good behavior and for extra work they've done in the kitchen or other jobs, called gained time. Both of these credits can help prisoners reduce their prison sentence.The Department of Correction used the credits for prisoners sentenced to life in prison to determine parole eligibility as well as to reduce their custody restrictions. They also give sentence reduction credits to inmates who were sentenced to life in prison during the 1970s because it was an 80 year sentence and not life in prison.
The State Supreme Court will be reviewing inmates sentenced to "life" in prison during the 1970s. These inmates argue that they have earned many credits throughout their time in prison that their 80 year sentence has been reduced by so much that they should be released from prison. A total of 15 inmates have petitioned for their release from prison under this argument.
If the North Carolina Supreme Court rules that inmates sentenced to the maximum 80 years in prison during the 1970s can be released from prison due to their good behavior credits, many inmates may be impacted throughout the state.
Source: KTVU, "NC court hears again if 'life' sentences mean life," Emery P. Dalesio, Feb. 14, 2013
Our law firm represents individuals facing criminal charges. To learn more about our law firm, please visit our Wilmington Criminal Defense Attorney page.
]]>The proposed bill, Kilah's Law, would increase the penalties for first-time offenders convicted of child abuse to 10 years. It would also increase the penalties for second-time offenders to 20 years. Current laws in North Carolina have first-time offenders serve roughly three years in prison so the proposed law significantly increases the penalties for child abuse.
]]> The proposed bill would also make a note in an offender's criminal record if they were convicted of child abuse. Lawmakers said this would make it easier for prosecutors to distinguish which offenders were first-time and second-time offenders when charged with child abuse. Prosecutors also say that the note in a person's criminal record would help notify the public of a person's conviction of child abuse.For individuals convicted of child abuse, this law would significantly increase the penalties and mandatory prison sentence for offenders. In addition, the note in their criminal record may have an impact on their life after they have served their sentence.
There are several reasons why individuals arrested and charged with child abuse and other violent crimes should contact a criminal defense attorney as soon as possible. Child abuse and other criminal convictions can impact a person's life even after they are out of prison so it is important to have someone that will represent your case in the best way possible to protect your rights and reputation.
Source: WRAL, "Kilah's Law would increase penalties for child abuse," Mark Binker, Feb. 14, 2013
Our law firm defends individuals charged with violent crimes. To learn more about our law firm, please visit our Wilmington Criminal Defense Attorney page.
]]>The proposed measure would create additional penalties for individuals caught making methamphetamine in North Carolina or individuals who possess a key ingredient that makes the illegal substance.
]]> The House judiciary panel supports the measure that was originally recommended by a study group. The group looked at ways methamphetamine use could be prevented. It also looked at how to reduce the use of dangerous chemicals used to make methamphetamine that can cause an explosion.The measure would impact individuals arrested for possessing a certain amount of cold medicine commonly used to make methamphetamine. The measure would make it a felony to possess products with pseudoephedrine, usually found in cold medicines, for individuals who have previously been convicted of making methamphetamine.
Law enforcement currently track drug stores sales, including cold medicine sales to monitor who is purchasing large or frequent quantities of products containing the ingredient used to make methamphetamine.
The measure also increases the prison sentence by four years for individuals convicted of making methamphetamine in a residence where a child or disabled adult also lives.
If this measure is approved and signed into law, individuals convicted of possessing or manufacturing methamphetamine will face harsher penalties. North Carolina law enforcement has already started to investigate more methamphetamine crimes, including possessing and manufacturing and distributing the illegal substance.
Individuals who are charged with a methamphetamine crime should consult a criminal defense attorney as soon as possible to protect their rights. If evidence was obtained illegally by police, the charges could be dropped. It is important to have a defense attorney on your side when facing such serious charges that could significantly impact the rest of your life.
Source: WCNC, "NC House panel OKs more meth penalties," Feb. 6, 2013
Our law firm defends individuals charged with drug crimes. To learn more about our law firm, please visit our Wilmington Criminal Defense Attorney page.
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