Hosford & Hosford PC Criminal Defense Attorney Wilmington NC | DWI Charge Leland2024-01-22T10:55:40Zhttps://www.thehosfordlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1603852/2022/08/cropped-new-favicon-32x32.pngOn Behalf of Hosford & Hosford PChttps://www.thehosfordlawfirm.com/?p=470552024-01-22T10:55:40Z2024-01-22T10:55:40ZHow can you block the prosecution’s evidence in your drug case?
Evidence suppression is the process through which you block the prosecution from using certain evidence against you. If you successfully suppress evidence, then you can crater the prosecution’s case, typically leading to reduced charges or complete dismissal of your case. It’s therefore an effective criminal defense strategy.
But when can you suppress evidence? Here are some arguments that you can make in your case:
Illegal traffic stop: The police can’t stop you without reason. Instead, they need articulable evidence that gives them reasonable suspicion that you’ve committed or are committing a crime, or probable cause that you’ve committed some sort of traffic infraction. If they lack this pre-requisite evidence, then any traffic stop that’s conduced is illegal in nature.This illegality taints any subsequent search, too, rendering any collected evidence fruit of the poisonous tree. So, in these instances, you can block that tainted evidence from being used against you since your Constitutional rights protecting you from unreasonable search and seizure were violated.
Failure to appear at a deposition: The prosecution’s witness testimony can put you in a bad position. To learn how those witnesses are going to testify, you should depose them, where you take testimony under oath prior to trial. But if those witnesses fail to appear to a deposition despite being subpoenaed to do so, then you’re left at an unfair disadvantage. That’s why their failure to appear could justify a request to block those witnesses from appearing to testify against you at trial.
Failure to disclose evidence: Before you get to trial, you and the prosecution should engage in the discovery process, where information between the two sides is shared. But if the prosecution fails to provide you with information that they then try to use at trial, you can block it from being submitted into evidence.
Chain of custody errors: Evidence must be handled and stored properly to maintain its integrity. If it isn’t, then you can bring those issues to the court’s attention. If the prosecution has major chain of custody errors where it can’t account for the evidence’s location at a given time or where the evidence was mishandled, then you can minimize its power or even prevent it from being presented in your case.
Don’t let the prosecution take advantage of you in your drug case
The prosecution is going to come across as confident in presenting its drug case against you. Don’t be intimidated. They’re not going to show the weaknesses in their case, but that doesn’t mean that there aren’t weaknesses. It’s up to draw those weaknesses out and work to exploit them to your advantage. Only then can you rest assured that you’ve done everything to protect yourself in your case.
]]>On Behalf of Hosford & Hosford PChttps://www.thehosfordlawfirm.com/?p=470542023-11-06T19:27:45Z2023-10-19T18:26:35ZThe crime of drug trafficking
Drug trafficking in North Carolina covers many different types of drugs and drug-related activities. You can be charged with drug trafficking for possessing, selling or transporting a controlled substance such as marijuana, cocaine, LSD, heroin or methamphetamine.
The level of felony you are charged with if you are arrested for drug trafficking depends on the amount of the drug you are found with. You could be charged with a class C, D, E, F, G or H felony. The potential penalties depend on the felony level and the drug.
Mandatory minimums
However, there are mandatory minimum penalties that include prison sentences ranging from two to 18 years. For example, if you are found in possession of between 10 and 50 pounds of marijuana, you could be charged with a Class H felony, which carries a mandatory minimum sentence of two years in prison.
Even after you serve your time and pay your fines, the consequences of a felony conviction can impact your life on a long-term or permanent basis. You may face difficulty with finding housing and employment and be disqualified from government assistance such as student loans or Medicaid benefits.
Additionally, a felony conviction could mean you face the loss of your right to vote and bear arms.
Defending yourself against a drug trafficking charge
This is why it is vital to put on a strong defense against a drug trafficking charge. It is important to remember that the prosecution has the burden of proving each element of the charge beyond a reasonable doubt.
When it comes to drug trafficking, the prosecution must prove that you knowingly possessed, sold or delivered the drug. Intent is a key element of a drug trafficking charge. Without intent, they cannot prove their case.
You also have many legal rights when you are arrested and charged with a crime. One is the right to be free from illegal search and seizure. If you are pulled over for a routine traffic stop, the police cannot search your vehicle for drugs or evidence of a crime without probable cause.
A violation of this or any other right can lead to a dismissal of the charges. After you are arrested, working with someone who can help you navigate the complex criminal justice system and defend your interests can increase your chance of a favorable outcome.]]>On Behalf of Hosford & Hosford PChttps://www.thehosfordlawfirm.com/?p=470462023-07-18T14:08:00Z2023-07-19T14:05:24Zthe effect on your career. Even if the criminal charges are eventually dropped or you are found not guilty, just the fact that you were charged with a crime can cause major career damage and impact your professional reputation.
Educational opportunities
Many successful careers depend on having a certain level of education or credentials. A criminal conviction might prevent you from getting into a school or fail a background or character check for a professional license.
You could get accepted into a school, but some criminal convictions generally make you temporarily ineligible for federal student aid. You might also find that you do not qualify for certain scholarships.
Your current employment
A criminal charge could affect your current job. Although you may not be immediately fired, you might find that you are not promoted or no longer receive certain benefits. Subtle changes like this are a sign that your employer now thinks of you differently because of your criminal charge.
Additionally, you could be prohibited from performing certain job duties or tasks. Your job could require you to be around children, and a criminal charge for a drug crime or a crime involving a minor could mean you are forbidden to be around children if you are convicted.
Professional licenses
If your job requires a license, that license could be in danger if you are convicted of a crime. You may lose the license if you already hold it and be unable to do your job, leading to job loss. If you were planning to get the license, you may no longer be eligible.
A common example of this is a commercial driver’s license. A drunk driving conviction usually leads to the loss of a commercial driver’s license, which often costs a driver their job.
Job searching
Finding a new job after a criminal conviction is not impossible, but you will find it is much more difficult. Many employers will likely automatically reject your application once they see a criminal conviction, and if you get an interview, you will often be at a disadvantage compared with other applicants with no criminal history.
It should be clear that you have a lot to lose if you are convicted of a crime, whether it is a felony or a misdemeanor. Therefore, an immediate and aggressive defense is usually necessary when you are accused of a crime.
With the right legal strategies, you can face your criminal charge and develop potential defenses. A successful criminal defense can help you rebuild your career and professional reputation and get on with your life.]]>On Behalf of Hosford & Hosford PChttps://www.thehosfordlawfirm.com/?p=470452023-04-13T21:20:03Z2023-04-27T21:16:23ZMisdemeanor charges
Misdemeanors are categorized into four classes: Class 3, Class 2, Class 1, and Class 1A, with Class 1A being the most serious. Here are some examples of North Carolina misdemeanors in each class:
Class 3:Simple possession marijuana (less than 0.02 ounces) or shoplifting.
Class 2: Simple assault, reckless driving, or disorderly conduct.
Class 1: Larceny or breaking and entering.
Class 1A: Assault with a deadly weapon or sexual battery.
The penalties for a misdemeanor may include up to 150 days in jail, fines, and community service.
A lower-level felony may result in up to 39 months in prison, depending on whether it is classified as Class H or Class I. Some examples of lower level include first-degree forgery, breaking or entering a motor vehicle, and marijuana possession.
A mid-level felony may result in up to 88 months in prison, depending on whether it is a Class E, F, or G. Some examples of a mid-level felony include common-law robbery, assault with a deadly weapon, or child abuse.
A high-level felony may result in up to 484 months, the death penalty, or life without parole, depending on whether it is classified as Class A, B1, B2, C, or D. Examples of a high-level felony include first-degree murder, armed robbery, and first-degree kidnapping.
If you have been charged with a misdemeanor and felony, a criminal defense attorney can help come up with an effective defense strategy.]]>On Behalf of Hosford & Hosford PChttps://www.thehosfordlawfirm.com/?p=470392023-01-24T21:19:22Z2023-01-30T20:11:08Zdrug laws in North Carolina.
Schedules of drugs
Both federal and North Carolina law classify controlled substances in categories known as schedules. The schedules are not all the same under federal law as they are under state law.
Under North Carolina law, the drugs considered the most addictive and most likely to be abused are placed under Schedule I. For the most part, Schedule I drugs have the most restrictions, and those found guilty of crimes involving Schedule I drugs may face greater penalties than those found guilty of crimes involving drugs in other schedules.
Heroin is a Schedule I drug under North Carolina law because it is considered to have no medical value, to be dangerous and to have a high likelihood of abuse. A first offense involving a Schedule I drug is considered a Class 1 felony, punishable by a jail sentence of 4-5 months.
The other schedules vary depending on their perceived medical usefulness and likelihood of abuse. Cough syrups with codeine, under Schedule V, are considered to have medical use, but also have the potential for abuse and addiction.
Marijuana and hashish products are considered to have no medical use and a moderate risk of abuse and addiction, so they are classified under Schedule VI. Federal law still categorizes marijuana as a Schedule I drug, although President Biden has begun the process of rescheduling it.
North Carolina's partial decriminalization
There has been a lot of talk about North Carolina's decriminalization of marijuana, but it's important to note that the state is still a long way from outright legalizing the drug.
As we saw above, marijuana is still considered a Schedule VI controlled substance under North Carolina's Controlled Substances Act. This means a first offense involving possession of less than half an ounce of marijuana is a Class 3 misdemeanor, punishable by a fine of up to $200 and a jail sentence of up to 10 days. However, any imprisonment under this type of conviction is suspended.
That's about as far as the state's decriminalization goes. A person convicted of possessing less than half an ounce of marijuana may still have to face a fine.
Possession of any more than half an ounce for personal use can mean up to 45 days in jail. Possession with intent to distribute can land a person in jail for 3-8 months.
And remember, the laws involving other controlled substances have not changed under North Carolina law.
Defending against drug charges
Put all this together and you can see that people who have been charged with drug crimes can still face serious penalties in North Carolina. Those who have been accused of drug crimes need skilled legal representation to help them defend their futures.]]>On Behalf of Hosford & Hosford PChttps://www.thehosfordlawfirm.com/?p=470362022-11-02T21:10:38Z2022-11-02T21:10:38ZLicense revocation at the time of your arrest
If you refused to take a breath test at the time of your DWI arrest in North Carolina or if you did take a breath test and your blood alcohol content (BAC) measured 0.08% or above, you will face the immediate revocation of your driver’s license for 30 days. After 10 days you can seek a limited driving privilege that will allow you to go to essential places like work and school.
License revocation upon your conviction
If you are convicted of DWI, and it is your first offense, you will face the revocation of your driver’s license for 12 months. If it is your second DWI offense, your driver’s license will be revoked for four years.
You can seek a limited driving privilege but only if you did not hurt anyone in the commission of your DWI offense, there was not a child in your vehicle at the time of your DWI offense and you obtain a substance abuse assessment.
After the 12-month revocation period is complete, you must go to treatment or attend an alcohol education program to get your license back.
Losing your driver’s license, even for a short time period, can throw your whole life into disarray. Even if you are granted a limited driving privilege you can still find that your day-to-day activities have become difficult to complete. Oftentimes an attorney can help explain the consequences of a DWI and can help mitigate the effects an arrest or conviction will have on you.]]>On Behalf of Hosford & Hosford PChttps://www.thehosfordlawfirm.com/?p=470222022-08-11T16:41:55Z2022-08-11T16:41:55ZWhite collar crime
These offenses are commonly referred to as white collar crimes. Examples of this type of crime include securities fraud, embezzlement, misrepresentation of corporate finances, fraudulent investment opportunities, corporate fraud and money laundering.
The term was created in 1949 and referred to offenses committed by people with respectability and elevated social status in their occupations. These crimes were perceived as being committed by office workers or professionals who wear shirts and ties. White collar crimes may be in corporations or government agencies, not just individuals. White collar crimes may involve corporations or government agencies in addition to individuals.
Money laundering
Money laundering involves taking cash from illegal activities and making it appear to be earnings from legal business activity. An unsophisticated example involves a criminal organization taking money earned from illegal activities, funneling it through a business such as a restaurant, depositing it into a bank and then distributing it to the owners. More sophisticated schemes involve numerous financial transactions.
Embezzlement
Embezzlement occurs when a person, usually in a position of trust, intentionally uses fund for a different purpose than intended. They may create invoices and receipts for activities that never occurred and use them for personal expenses. Examples include Ponzi schemes, destroying company records and taking company funds.
Corporation fraud
Most corporate fraud cases involve accounting schemes that were designed to deceive investors, auditors, and analysts about the corporation’s accurate financial condition.
Other corporate fraud involves self-dealing where employees try to enrich themselves while investors parties suffer the financial losses. Self-dealing involves a person in a position of trust who acts in their own interest in a deal instead of their client. It usually includes a conflict of intertest such as front-running when a broker enters into a trade because they have advanced knowledge of a large, nonpublicized transaction, which will benefit the broker.
Insider trading cases are more well-known. These involve individuals acting upon or sharing information that is not public and which could affect share price and other valuations of the company once it is released. This is illegal when it involves buying or selling securities on undisclosed information, which gives a person an unfair advantage of obtaining profit.
Investments
Ponzi and pyramid schemes involve drawing upon funds from new investors to pay the returns that were promised to earlier investors in the arrangement. The creators of this scheme must continuously recruit new investors to keep the scheme going for as long as possible. The plan falls apart when demands from existing investors are greater than the funds coming in from new investors.
A pump-and-dump scheme involves artificial inflation of lower-volume stocks on small over-the-counter markets. In the pump, unknowing investors are recruited through false or deceptive sales techniques, information, or corporation filings. Brokers, bribed by the conspirators, use high-pressure methods to increase the number of investors and raise the stock price. After the target price is reached, the conspirators dump their shares at large profits and innocent investors suffer the losses.
There are many other white-collar crimes, such as credit card fraud. The FBI, Securities and Exchange Commission, IRS and the US Postal Inspection Service are among the federal and state law enforcement agencies that investigate and prosecute these offenses.
These investigations and prosecutions may be costly and have serious and life-altering consequences. Attorneys can help assure that rights are protected.]]>