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Asheville Criminal Law Blog

Police officer in North Carolina charged with drunk driving

Drunk driving charges require criminal defense protections. In a North Carolina community east of the Asheville area, a police officer was recently charged with driving while impaired and hit and run after a vehicle he owns was allegedly found with wreck damage to it. According to a release from the police department, authorities received a call about an abandoned vehicle that appeared wrecked. Police officers responded to the vehicle and determined it belonged to the police office who was later arrested for DWI.

The North Carolina Highway Patrol was asked to investigate. The police officer was placed on administrative live with pay following the alleged incident while it is investigated; an internal affairs investigation is also being conducted. The police officer who was arrested on charges of driving while impaired has been with the local police department since 2012.

North Carolina high school teacher faces drug charges

Drug charges are unquestionably serious charges. A high school teacher in a North Carolina community east of the Asheville area was recently arrested on drug charges. Prior to being arrested, the instructional assistant and assistant football coach resigned his roles. The 28-year old man is facing multiple drug charges. Authorities allegedly received a complaint that a teacher at the school was selling drugs on campus. Authorities then investigated the charges over a period of months.

Authorities reported that when searching the man's home and vehicle they recovered approximately 4.18 pounds of marijuana; packaging and repackaging materials for drugs; cash; and a firearm. The man is facing 19 felony charges and one misdemeanor charge. The felony drug charges the man is facing include 4 counts of selling a controlled substance within 1,000 feet of a school; 4 counts of possession of a schedule VI controlled substances; 3 counts of selling a schedule VI controlled substance; 3 counts of delivering a schedule VI controlled substance; one count of maintaining a residence for a controlled substance; and 4 counts of maintaining a vehicle for a controlled substance. Depending on what authorities allegedly find, drug possession charges can result in drug trafficking or distribution charges which can be even more serious than drug possession charges.

Drug convictions may limit college financial aid

It is no secret that a college education is expensive. Many college students across the country rely on some form of financial aid, and even then, the amount they receive may not always be enough. The stakes are even higher for college students who carry a drug conviction on their record. According to the U.S. Department of Education, students with a criminal record may have a hard time applying for federal financial aid. This does not mean that all sources of federal aid are off-limits to students who have been convicted. Rather, these students may find it helpful to consider what their options are when it comes to federal funding:

Exploring criminal defense options

A strong criminal defense can protect accused individuals from some of what they are facing when they are charged with committing crime and up against the criminal justice system. There are different ways to develop a criminal defense strategy based on the situation and circumstances and accused individuals should be familiar with what those options are.

In some circumstances, it may be beneficial and the best option for the accused individual to tell the truth of their story as part of their criminal defense strategy. There are a variety of complex circumstances that may apply to the accused individual's situation so it is helpful for them to have trained guidance to understand their full criminal defense options. Options may focus on telling a confession story, a denial story or an admit and explain story.

Legal protections for marijuana-related drug charges

Marijuana-related charges in North Carolina are serious criminal charges that deserve a strong criminal defense strategy. Drug charges can have a disabling effect on accused individuals as they can negatively impact their freedom and future opportunities which is why being familiar with criminal defense options is invaluable for those facing drug charges and accusations.

Most marijuana drug charges begin with a drug stop when a police officer allegedly smells marijuana during the stop. It is important for accused individuals to understand that there are important rights through the criminal justice system that protects them during every phase of the process and that they should be familiar with.

DWI laws in North Carolina carry significant penalties

This blog recently discussed the importance of knowing how to challenge certain tests related to drunk driving charges. It is also important for individuals accused of DWI in North Carolina to understand what that charge means and know how to protect themselves.

North Carolina boasts strict driving while intoxicated laws. Operating a vehicle with a blood alcohol content level (BAC) of 0.08 or above can prove one has violated the state's DWI laws without any further evidence of intoxication needed. In addition, authorities may also have the accused individual perform field sobriety tests. If a motorist fails the field sobriety tests, they may be charged with DWI.

Challenging breath and field sobriety tests when accused of DWI

It is important to know that although they are used to charge accused individuals with driving while impaired, field sobriety tests and other tests can be challenged. For instance, it may be possible to challenge that the field sobriety test was not properly administered or that the police officer administering it was not properly qualified to administer it. This is also true of a breath test.

Law enforcement officers are required to follow certain procedures to pull an accused individual over for a traffic stop or administer a breath or field sobriety test. There are also certain legal standards they must meet. In addition to breath tests, field sobriety tests including the one-legged stand test; the walk-and-turn test; and the "horizontal gaze" test, among others, may be used to determine impairment and if the accused individual will face drunk driving charges.

Study-enhancing drugs carry repercussions long past exam week

Many high school and college students in North Carolina are currently experiencing one of the most challenging parts of the fall semester: midterms. Exams, group projects, papers and other important assignments pile up at this point in the semester and many students feel the need to turn to additional resources to manage this demanding workload.

For most students, this means joining a study group, finding a tutor or seeking out the instructor for help and further clarification. These are all productive ways to handle academic stress, but unfortunately not all students stop here when seeking assistance during a stressful period in the semester.

A closer look at the white-collar crime of embezzlement

Embezzlement is a significant criminal charge that must be taken seriously by accused individuals in North Carolina. An embezzlement accusation is an allegation that the accused individual has committed a theft of assets they were in a position of trust over.

Embezzlement charges can commonly be brought in employment and corporate settings. Embezzlement can occur in circumstances where employees are given lawful possession of property that they are accused of misappropriating. Embezzlement accusations oftentimes occur in circumstances when an individual is given access to another party's property or money to manage or monitor it for the best interest of the owner and then misappropriates the assets for their own personal gain or use while covertly concealing their activities. Embezzlement can occur when a large amount of money is taken all at once or smaller amounts may be misappropriated over long periods of time.

Drug offenses can include distribution or trafficking

This blog recently discussed an arrest for drug charges. All drug offenses in North Carolina, including drug possession charges, are serious criminal charges. However, drug trafficking and drug distribution charges can be especially serious for accused individuals. Because drug charges can carry the potential for harsh penalties, it is important for accused individuals to be familiar with what they should do if they are facing drug charges.

Drug charges can end in potentially stiff sentences for accused individuals, such as three to five years in prison. Therefore, it is important to be familiar with criminal defense strategies to counter the charges one faces. Punishments for drug trafficking and drug distribution charges can vary based on factors such as the type and amount of drugs allegedly trafficked; the geographic area where they are allegedly distributed; and whether or not children were targeted in the alleged crime.

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