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DWI Sentencing
Read moreOne of the more common questions that I get about DWIs is “what happens if I get convicted and sentenced to jail?” Although it is a common question it can be a tricky one to answer in some of the more serious cases. This is because the sentencing of DWIs is not covered by the Structured Sentencing Act, which addressed the sentencing of every other felony and misdemeanor and sets out a straight forward, reliable and predictable method for determining the sentence for a particular crime.
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North Carolina Lawmakers Consider Legislation to Address Opioid Overdose Cycle
Read moreOpioid addiction has decimated communities across the country, including many here in North Carolina. Marked by the devastating cycle of abuse, addiction, and overdose, opioid dependency can prove inordinately difficult to treat and overcome. This is especially true when our criminal justice system has relied on a system of simply punishing offenders for drug crimes, including drug possession, rather than addressing the underlying problem of addiction.
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What to Do If Your Child Is Arrested for a DWI
Read moreMany parents fear the day they get that call from the police station. Their child has been arrested and, what’s more, they have been accused of drinking while intoxicated (DWI). If you’ve received such a call, you should be fully prepared to help your child as much as possible through this process.
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What’s Considered an Unlawful Search & Seizure?
Read moreAll U.S. citizens are protected from unlawful search and seizure by the 4th Amendment to the U.S. Constitution. It protects personal privacy and the right of every citizen to be free from unreasonable government intrusion into their homes, businesses, and property.
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Bill Finn Reveals False Testimony by Sheriff’s Deputy, 175 DWI & Traffic Cases Dismissed
Read moreOur very own Bill Finn was a key player in a recent Driving While Impaired court case, which revealed a local sheriff’s deputy had violated the rights of his client by lying on the stand while testifying under oath. Ruling that the deputy had given false statements and testimonies, and was not competent to testify in any of his issued violations, the Wake County District Attorney dismissed 104 DWI cases and 71 traffic-related offenses in Raleigh, NC.
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Recognized for Superb Rating by Avvo
Read moreWe’d like to take the time to congratulate our very own, Bill Finn, for being recognized as a top Criminal Defense Lawyer in the Raleigh, NC area. Bill has earned a 9.6 “Superb” rating by Avvo, an online legal resource that assesses a lawyer’s background, experience, client reviews and case successes.
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Reminder: Pass a stopped school bus and you WILL get a ticket.
Read moreWith the start of the new school year, what better time than now to review the rules and regulations pertaining to stopped school busses. How are school busses different from that of other busses? The definition of a school bus includes the transportation of children, school personnel or senior citizens and only applies in the event that the words “school bus” are plainly visible on the front and rear of the bus.
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Can the Police Be Wrong and Get Away With It?
Read moreWe’re frequently asked… Can a police officer be wrong and get away with it? A recent North Carolina case posed this exact question and the outcome may surprise you. On December 15, 2014, in the decision of Heien v. North Carolina, United States Supreme Court Justices ruled that a police officer could make a seizure based on his belief that an individual was breaking the law… even if the officer’s belief was incorrect.
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Proposed New Bill May Require Law Enforcement to Wear Body Cameras
Read moreAs Legislature reconvenes in 2015, a bill is expected to be introduced that will require North Carolina police officers to wear a body camera while they are on duty. This bill is in response to the recent police-involved deaths of Michael Brown in Ferguson, Missouri and Eric Garner in New York City, New York.
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New Ruling: Cell Phone Search Warrants
Read moreOn June 25, 2014 the US Supreme Court handed down a landmark 9-0 decision in Riley v. California which now requires law enforcement to obtain a warrant before they can search a cellphone. Previously, police officers have relied on the “search incident to arrest” doctrine to access and search cellphones ranging from flip phones to smartphones at the time of arrest without a warrant.