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Motion for Appropriate Relief – A North Carolina Remedy for Criminal Convictions
Motion for Appropriate Relief Previously, we wrote a blog about district court criminal appeals in North Carolina. In North Carolina, there is another remedy that is sometimes available to criminal
Criminal Appeals in North Carolina District Trial Court
Criminal Appeals in North Carolina District Trial Court All criminal cases, whether a misdemeanor or a felony, begin in district court in North Carolina. Most misdemeanor cases are disposed of
Sixth Amendment Right to Counsel
Sixth Amendment Right to Counsel “You have the right to an attorney. If you cannot afford an attorney, one will be provided to you.” We have all heard this song
Expunctions in North Carolina – Debunking Myths
Expunctions in North Carolina – Debunking Myths You may have read our blog regrading the December 2017 changes to Expunctions in North Carolina (which can be read here.) If so,
Changes to North Carolina Expunction – December 2017
Changes to North Carolina Expunction – December 2017 Around the end of last year (December 2017), we experienced some exciting new changes in the North Carolina laws governing expunctions. These
Arrestees – DNA and Other Physical Evidence and the Fourth Amendment
Arrestees – DNA and Other Physical Evidence and the Fourth Amendment We have written several blogs on the Fourth Amendment, which protects people from unreasonable search and seizures (click here,
Probable Cause for DWI Arrest in North Carolina – Part Two
Probable Cause for DWI Arrest in North Carolina Part Two – The Investigation Part One of this Blog provided an overview of probable cause for DWI arrest in North Carolina.
Probable Cause for DWI Arrest – Part One
Probable Cause for DWI Arrest – DWI in North Carolina – Part One To arrest a person for DWI in North Carolina, police must have probable cause that a person
Constitutional Protections
Constitutional Protections – Who is Governed by Constitutional Principles? The Constitution of the United States of America and the North Carolina State Constitution both provide many constitutional protections, rights, and
DWI Checkpoint and Subsequent Investigation North Carolina
DWI Checkpoint in North Carolina DWI Checkpoints – everybody knows about them; most people dread them. Even if you have had nothing to drink, they can be a bit of
Do You Have to Identify Yourself to the Police?
Do You Have to Identify Yourself to the Police? This is a question that comes up a lot. People often want to know if an officer can compel a person
The Second Amendment and Gun Laws
The Second Amendment The Second Amendment of the United States Constitution codifies the right of the people to keep and bear arms for their own defenses. At the time
Personal Use Marijuana Charges in North Carolina– An Overview
Personal Use Marijuana Charges in North Carolina We have written a few blogs on the subject of marijuana charges in North Carolina. However, this is such a popular topic that
Marital and Spousal Privilege in North Carolina
Marital and Spousal Privilege in North Carolina There are many special legal privileges to marriage. Two such privileges – marital privilege and spousal communication privilege – prevent or limit whether
Fourth Amendment Seizure – When is a Person Seized for Purposes of the Fourth Amendment?
Traffic Stops – Seizure of Persons by Law Enforcement The Fourth Amendment of the United States Constitution protects people from both unreasonable searches and unreasonable seizures. We have written several
Arraignment in North Carolina
Arraignment in North Carolina Felony Criminal Cases Arraignment is one of many steps in the prosecution of a felony in North Carolina. This blog provides some insight into what an
Gilles Law Featured in Newspaper Article by Mundo Latino
We are proud to share that Gilles Law has been featured in a Mundo Latio 2018 newspaper article. We would like to thank the team at Mundo Latino for their
Client Confidentiality in North Carolina
Client Confidentiality in North Carolina Client confidentially is the bedrock of the attorney-client relationship. At Gilles Law, we take this duty very seriously, as it is one of the most
Searches of Students in Public Schools
Searches of Students in Public Schools The Fourth Amendment of the United States Constitution protects people against unreasonable searches and seizures. We have written several blogs on the topic. Click
Cruel and Unusual Punishment – The Eighth Amendment
Cruel and Unusual Punishment We have all heard this term. In North Carolina, individuals enjoy protections against cruel and unusual punishment both at the State and Federal levels. This means
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