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When Do The Police Not Need A Search Warrant?

The Fourth Amendment bans warrantless searches and seizures, unless an exception applies. In this instance, the exceptions may very well have swallowed the rule. The United States Supreme Court has repeatedly wrestled with warrantless searches over the years. In some decisions, it seems as if the Fourth Amendment has almost been completely eviscerated. But, then […]

DWI Stops and the Use of Standardized Field Sobriety Tests

Standardized Field Sobriety Tests (“SFSTs”) are used in North Carolina to help determine whether a suspected driver is actually impaired. SFSTs, along with other preliminary factors, will be used to determine whether probable cause for impairment exists. Upon determination of probable cause for impairment, the officer should issue a preliminary breath test to determine whether […]

Fair Amusement Ride Operator Denied Bail Reduction

On October 27, 2013, a Wake County judge refused to reduce the bail of a man charged with injuring five people and tampering with an amusement park ride.  Prosecutors allege that Timothy Tutterrow, 46, of Quitman, Georgia altered the safety systems on The Vortex, a popular ride at the recently closed North Carolina State Fair. […]

Actor Arrested For DWI In North Carolina

On October 16, 2013, actor Christopher McDonald was arrested in Wilmington and charged with DWI.  Mr. McDonald has appeared in various films, including Happy Gilmore, Thelma and Louise and Requiem for a Dream. When arrested at approximately 2:30 a.m., Mr. McDonald reportedly had a blood-alcohol content (BAC) of .15, almost twice the legal limit. Mr. […]

New North Carolina Expunction Takes Effect in October

Starting in October 2013, a new expunction became available to citizens of North Carolina in the fight to clean up past mistakes on their criminal record. North Carolina General Statute 15A-145.6 allows certain prostitution convictions to be expunged for nonviolent offenders. Those falling under this statute must have been convicted of a prostitution offense – […]

The Effects of Grossly Aggravating Factors on DWI Punishments

North Carolina has special sentencing requirements for Driving While Impaired convictions unique from the sentencing of all other criminal convictions within the state. Perhaps the most unique and potentially the most severe of these DWI sentencing requirements occurs when certain “Grossly Aggravating Factors” are present. These statutorily created factors appear in North Carolina General Statute […]

New Law Allowing Attorney Representation at Public University Disciplinary Proceedings

Public University Disciplinary Proceedings In August, the North Carolina legislature passed legislation allowing attorneys to fully represent accused students in certain disciplinary proceedings at public universities in North Carolina. Under new North Carolina General Statute § 116-40.11, enrolled students and official student organizations at public universities in North Carolina are eligible to hire a licensed […]

The Expanding Availability of Expunctions in North Carolina

Recent changes in North Carolina expunction law have broadened the scope of expunctions available while simultaneously making expunction law more complicated. Due to the complexity of expunctions, you should hire a knowledgeable attorney to guide you through the process. North Carolina now allows expunctions for, among others — 1. Certain dismissed misdemeanor and felony charges […]

Announcing the Launch of Our Blog: Criminal Law News & Advice

Criminal charges are never easy to face — but you don’t have to face them alone. When you call The Clifford Division of Clifford Clendenin & O’Hale, LLP, you speak to attorneys who are dedicated to fighting for your rights and preserving your reputation. We’ve been defending clients in Greensboro, NC since 1973, and we […]