Now That Marijuana is Legal in California, Thousands of Prior Convictions Will Be Dismissed

In 2016, California voters passed an initiative which made it legal to possess marijuana for recreational purposes.  That law paved the way for recreational maijuana sales in January 2018.  Last week, in response to that law, San Francisco District Attorney George Gascon announced that his office would be dismissing thousands of marijuana-related convictions dating back to 1975.  As a result, almost 5000 felony convictions and more than 3000 misdemeanor convictions will be reviewed as a result of this decision.

Although this news is great news for for some California residents, the possession of marijuana is still illegal in the State of North Carolina.  Some of the most common crimes related to the possession of marijuana in North Carolina are the following:

Possession of Marijuana less than 1/2 Ounce – Class 3 misdmeanor

Possession of Marijuana greater than 1/2 Ounce up to 1 1/2 Ounces – Class 1 misdemeanor

Felony Possession of Marijuana – Class I felony

Possession with Intent to Sell or Deliver Marijuana – Class I felony

Of course, these crimes don’t include trafficking marijuana, which involve the possession of larger amounts of marijuana and more serious consequences and penalties.  Under N.C.G.S. 90-95 (h)(1), “any person who sells, manufactures, delivers, transports, or possesses in excess of 10 pounds (avoirdupois) of marijuana shall be guilty of a felony which felony shall be known as ‘trafficking in marijuana’ and if the quantity of such substance involved:

     a.         Is in excess of 10 pounds, but less than 50 pounds, such person shall be punished as a Class H felon and shall be sentenced to a minimum           term of 25 months and a maximum term of 39 months in the State’s prison and shall be fined not less than five thousand dollars ($5,000);

     b.         Is 50 pounds or more, but less than 2,000 pounds, such person shall be punished as a Class G felon and shall be sentenced to a minimum           term of 35 months and a maximum term of 51 months in the State’s prison and shall be fined not less than twenty-five thousand dollars ($25,000);

      c.         Is 2,000 pounds or more, but less than 10,000 pounds, such person shall be punished as a Class F felon and shall be sentenced to a                        minimum term of 70 months and a maximum term of 93 months in the State’s prison and shall be fined not less than fifty thousand dollars                    ($50,000);

      d.         Is 10,000 pounds or more, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a        maximum term of 222 months in the State’s prison and shall be fined not less than two hundred thousand dollars ($200,000).”

North Carolina drug charges involving marijuana  can have varying penalties and consequences depending on the amount of marijuana as well as an individual’s prior record.  If you are charged with a North Carolina drug crime involving marijuana such as Felony Possession of Marijuana, PWISD Marijuana, Trafficking Marijuana or some misdemeanor marijuana charge in Forsyth County or one of the surrounding counties, you need to speak with an experienced Winston-Salem criminal defense attorney  with experience handling drug charges.  Please call our office at (336) 725-6559 for a free consultation with an experienced Winston-Salem criminal defense attorney to review your drug case involving drug charges and to discuss your options.

 

Felony Sentencing: I was charged with a felony. Is it mandatory that I go to jail?

One of the most common questions that I often receive is whether someone who is charged with a felony is required to go to prison.  The simple answer is “no”.  However, the answer is still more complicated that you think.

In North Carolina, individuals who are convicted of felony crimes are subjected to felony sentencing guidelines.  As a result, to determine whether an individual is required to serve an active sentence depends on two factors:  the class of felony and the individual’s prior criminal record.  Therefore, although a judge has a lot of discretion, the guidelines also assist the judge in determining the type of judgment that may be ordered.

For example, felonies in North Carolina range from class A (most serious) to class I (least serious).  All criminal charges are obviously serious matters, but the type of punishment varies greatly from the most serious class A felony (murder) to the lease serious class I felony (possession of cocaine, possession of marijuana, etc.)

After determining the class of felony, it is then necessary to determine the individual’s prior criminal record.  For certain prior convictions, an individual will receive certain points, and those points will ultimately determine the individual’s record level for sentencing purposes.  The judge will then consider the felony conviction and the record level and issue a judgment based on the felony sentencing guidelines.

A felony conviction in North Carolina carries serious penalties and consequences.  If you are charged with a North Carolina felony in Forsyth County or one of the surrounding counties, you need to speak with a Forsyth County criminal defense attorney to represent you.  Please call our office at (336) 725-6559 to speak with an experienced and aggressive Winston-Salem criminal defense attorney.

 

Revenge Porn: It’s Classless and Illegal

With the advent of cell phones with cameras and the increasing popularity of social media, acts of revenge against ex-spouses, ex-girlfriends, and ex-boyfriends have become more widespread. Unfortunately, it has become more commonplace for people to commit these acts of revenge by displaying nude and/or sexually explicit images of their ex on the internet. This form of revenge is known as “revenge porn”, and it has been a hot topic lately due to Rob Kardashian allegedly posting nude images of his ex-girlfriend, Blac Chyna.

To combat these acts of “revenge porn”, most states have enacted laws, and generally these laws makes it a crime to disclose private, sexually explicit images of another person without that other person’s consent. Just in case you’re wondering, North Carolina also has a law addressing “revenge porn”, and that law has recently been amended to include even more scenarios.

If you or someone you know has been charged with a North Carolina crime in Forsyth County or one of the surrounding counties, you need to speak with an experienced Winston-Salem criminal defense attorney to represent you.  A Winston-Salem criminal defense attorney, with experience in North Carolina law, will guide you through this process to make sure that all of your rights are being protected.  If have been charged with a  crime in North Carolina, please call us at (336) 725-6559 and schedule a free consultation with a Winston-Salem criminal defense lawyer to assist you.  Our office which is located for your convenience in downtown Winston-Salem, North Carolina.

North Carolina Finally “Raises the Age”

Beginning in December 2019, 16-year-old and 17-year-old offenders in North Carolina, who have been charged with North Carolina crimes, will now resolve their cases in the juvenile system for all misdemeanor and some low-level felony crimes.  North Carolina was the only state still charging juvenile offenders as adults in the criminal justice system.

If you or someone you know has been charged with a North Carolina crime in Forsyth County or one of the surrounding counties, you need to speak with an experienced Winston-Salem criminal defense attorney to represent you.  A Winston-Salem criminal defense attorney, with experience in North Carolina law, will guide you through this process to make sure that all of your rights are being protected.  If have been charged with a  crime in North Carolina, please call us at (336) 725-6559 and schedule a free consultation with a Winston-Salem criminal defense lawyer to assist you.  Our office which is located for your convenience in downtown Winston-Salem, North Carolina.

Possible Change to Carrying a Concealed Weapon in North Carolina

Under current North Carolina (N.C.G.S. 14-269), it is a class 2 misdmeanor to carry a conceal gun without possessing a concealed carry permit.  A second or subsequent offense, shall result in a Class H felony, which carries a maximum sentence of 39 months in prison.  Currently however, a bill to eliminate this concealed carry permit requirement has passed through the North Carolina State House, and this bill is now being considered in the North Carolina State Senate.

If you or someone you know has been charged with Carrying a Concealed Weapon or some other North Carolina crime in Forsyth County or one of the surrounding counties, you need to speak with an experienced Winston-Salem criminal defense attorney to represent you.  A Winston-Salem criminal defense attorney, with experience in North Carolina law, will guide you through this process to make sure that all of your rights are being protected.  If have been charged with a  crime in North Carolina, please call us at (336) 725-6559 and schedule a free consultation with an experienced Winston-Salem criminal defense lawyer to assist you.  Our office which is located for your convenience in downtown Winston-Salem, North Carolina.

Former Carolina Panthers Player Arrested for Possession of Cocaine

Free-agent Greg Hardy, who most recently played for the Dallas Cowboys was arrested in Dallas on Monday for felony possession of cocaine.  According to the police, Hardy’s vehicle was searched after he was stopped for a traffic violation.  Prior to his stint with the Cowboys, Hardy played five years for the Carolina Panthers.

Hardy was charged in Texas, and therefore, he faces a maximum sentence of 2 years.  If he had been charged in North Carolina, felony possession of cocaine is a Class I felony, with a minimum sentencing range of probation up to a maximum active sentence of 15 months.  In North Carolina, defendants who are convicted of a felony are sentenced according to structured sentencing, whereby judges are able to sentence defendants within certain limits, and a defendant’s sentence is dependent upon the defendant’s prior criminal record as well as the type of felony.

If you are charged with felony possession of cocaine or some other North Carolina crime, you need an experienced North Carolina criminal law attorney.  Depending on your prior record and the facts and circumstances of your case, you have a lot of options with respect to how your case is resolved.  Please call us today for a free consultation at (336) 725-6559 in our office which is located in downtown Winston-Salem, North Carolina.  In addition to Forsyth County, we also handle cases in the counties of Davidson, Davie, Guilford, Stokes, Surry, and Yadkin.

 

Officer’s False Testimony Leads to More than 100 DWI Dismissals

Last week, the Wake County District Attorney’s Office dismissed a total of 175 cases, including 104 DWI cases, after the investigating officer gave false testimony in at least three prior cases. Now, the video has been released for one of those cases, and the video clearly contradicted the officer’s testimony. In court, the officer testified that the suspect refused to take the breathalyzer test, that she did not ask for a witness to be present, and that she did not try to call anyone to ask them to be a witness.  All of these statements were false statements.

Always remember that whenever you are charged with Driving While Impaired in North Carolina, you are presumed to be not guilty, and the State has the burden of proof to prove that you are guilty.  Your rights for any DWI case include, but are not limited to the following:

1. You have the right to either take or refuse a breathalyzer test.
2. You also have the right to call a witness and have that witness present to watch you take the test.

A conviction for Driving While Impaired in North Carolina carries serious penalties and consequences.  If you are charged with Driving While Impaired in Forsyth County or one of the surrounding counties, please call our office at (336) 725-6559 to speak with an experienced and aggressive Winston-Salem DWI attorney.

NC Man Arrested After Not Returning a VHS Tape

In 2002, James Meyers rented a VHS tape, “Freddy Got Fingered.”  The video rental store, which is no longer in business, alleged that the video was never returned.  As a result, the store filed a charged against him for the misdemeanor of Failure to Return Rental Property.

Meyers was stopped recently for a minor a traffic violation, and he was then informed that he had an outstanding arrest warrant for allegedly not returning the video.  After having the warrant served, Meyers’ court date was scheduled for April 27, 2016.  Due to the age of the case and the fact that the store is no longer in business, I would not be surprised if this case is ultimately dismissed.

If you are charged in North Carolina with a crime such as Failure to Return Rental Property, you need an experienced North Carolina criminal law attorney.  Please call us today for a free consultation with a Winston-Salem criminal law attorney at (336) 725-6559.  Our office is located in downtown Winston-Salem, North Carolina, and in addition to Forsyth County criminal cases, we also handles cases in the counties of Davidson, Davie, Guilford, Stokes, and Yadkin.

Woman Charged with Animal Cruelty for Taping a Dog’s Mouth Shut

A  woman is facing a misdemeanor charge of Cruelty to Animals in Wake County District Court for allegedly taping her dog’s mouth shut.  The investigation began after Katharine Lamansky allegedly duct-taped her dog’s mouth and posted the pictures on Facebook.  Animal control officers investigated and  have not taken the dog from Ms. Lamansky after noting that the dog was not injured and was “well cared for.”

In North Carolina, a charge for animal cruelty is a class 1 misdemeanor.  As a result, the maximum punishment is 120 days in jail. If you are charged with animal cruelty or some other North Carolina crime, you need an experienced North Carolina criminal defense attorney.  Please call us today for a free consultation at (336) 725-6559 in our office which is located in downtown Winston-Salem, North Carolina.  In addition to Forsyth County, we also handle cases in the counties of Davidson, Davie, Guilford, Stokes, Surry, and Yadkin.

Jury Selection

Today, the U.S. Supreme Court will hear oral arguments in the case of Foster vs. Chatman. In this case, the central issue to be determined is whether black jurors were improperly excluded due to their race. The Supreme Court has previously held in the case of Batson v. Kentucky that excluding jurors based on their race is unconstitutional. If we’re really serious about reforming the criminal justice system, all aspects of our system have be considered, and jury selection is an important part of the process.

In North Carolina, if you are charged with a misdemeanor, your trial occurs in District Court.  Therefore, in addition to making decisions about evidence and other criminal procedure issues, the presiding judge also serves as the jury and renders a verdict.   If a defendant is found guilty in District Court, the defendant may then appeal that decision within ten (10) days to Superior Court.   In Superior Court, the misdemeanor appeal result in a trial in front of a jury who will then have the duty of rendering a verdict.  If a defendant in North Carolina is charged with a felony, that trial will always take place in Superior Court, and once again with the option of having a jury trial.

Being charged with a crime is a serious matter, and if you go to trial, jury selection is an important part of that process.  If you are charged with a crime in North Carolina, call our office at (336) 725-6559 for a free consultation with an experienced North Carolina criminal defense attorney to discuss all of your rights and options with respect to your case.