Wake County Defense Resources

In a June 2019 decision that profoundly affects Raleigh criminal defense lawyers, the U.S. Supreme Court ruled that police officers cannot use cell phone locators to track suspects without first obtaining search warrants. In Carpenter v. United States, a sharply divided Court ruled in favor of Michigan resident Timothy Carpenter. To link Carpenter to a string of Radio Shack and T-Mobile robberies in Ohio and Michigan, law enforcement officers looked at 127 days of cell phone tracking data which pinpointed Carpenter’s location at almost 13,000 points.

Drug possession is the most commonly-charged drug crime in North Carolina. Possession may be a misdemanor or a felony, largely depending on the amount and type of controlled substances involved. Moreover, aggressive prosecutors often use any shred of circumstantial evidence to enhance charges to distribution. The penalties are much higher in these cases.

As mentioned in our previous blog, as part of a nationwide relaxation of marijuana laws, North Carolina lawmakers recently reclassified PDP charges as Class 3 Misdemeanors, if the paraphernalia is used in conjunction with marijuana. This change represents a significant reduction from the old Class 1 Misdemeanor classification. Class 1 offenses have harsher punishments and fines.

For many years, Possession of Drug Paraphernalia (PDP) has been a Class 1 Misdemeanor in North Carolina. Then, on December 1, 2014, the State Legislature reclassified PDP as a Class 3 Misdemeanor, if the paraphernalia was used in conjunction with marijuana. In all other situations, PDP is still a Class 1 Misdemeanor.

If you have been arrested for or charged with a criminal offense, you want to enlist the help of a criminal defense attorney with experience. Although a lawyer who has an excellent track record in defending criminal cases is important, think about the advantages of also having one with experience as a prosecutor.

Restraining orders are often issued in cases involving domestic violence in order to protect someone from another, including restrictions with regard to approaching the filing party’s home, place of work, and another known area where he or she frequents.