The nation's highest court affirmed dismissal of an unlawful possession of a firearm by a drug user indictment under 18 U.S.C. 922(g)(3) for a casual cannabis user, on the grounds that it violates the second amendment and there is no reason to believe that occasional cannabis use makes the user extraordinarily dangerous.
North Carolina career state employees should assert their rights to grieve any disciplinary action, and follow through with the process all the way to the Office of Administrative Hearings, despite likely attempts to convince them it's hopeless.
Some insights regarding how the Eastern District of North Carolina federal district court compares to other districts with respect to key sentencing statistics.
The North Carolina Court of Appeals decision in State v. Ruffin has notable implications for marijuana prosecutions in the state. The Court rejected the Defendant's argument that the testimony of a police detective and a forensic expert that a substance "looked like" marijuana was insufficient to support a conviction. However, a different defense strategy may have led to a different outcome. This article analyzes the case, and offers some suggestions for a different approach to jury instructions, challenging the state's use of expert witnesses, and using a defense expert to counter the state's evidence and show that the government has not proven that the substance in question was marijuana under the very difficult legal standard of "beyond a reasonable doubt."
The Federal Sentencing Guidelines establish a sentencing framework that federal judges use to determine appropriate punishments for convicted defendants. The Guidelines are represented in a chart or "sentencing table," which is divided into four sentencing zones: A, B, C, and D. This article explains how a defendant's zone might affect the guideline sentencing options available to the judge.
If the law requires the wrong result in a case, should a jury follow the law?
The legalization of industrial hemp led many legal experts to question the ongoing viability of probable cause based upon the odor or appearance of marijuana. A recent North Carolina Court of Appeals ruling seems to have put the issue to rest in favor of a rule that probable cause to believe a crime is occurring still exists when cops claim they smell or see marijuana.
Reporting on recent drug busts involving Raleigh night life shows that these actions are part of a concentrated effort focused on downtown Raleigh. These charges may end in federal indictments or remain in state court on trafficking charges; either way many of the defendants will likely face serious mandatory minimum sentences absent the intervention of a skilled and experienced criminal defense lawyer.
Discussion of a recent North Carolina Court of Appeals decision regarding prevailing plaintiff attorney fees in a case involving unpaid commissions under the North Carolina Wage and Hour Act.
A step-by-step procedural guide to obtaining North Carolina custodial law enforcement recordings, including body worn and dashboard camera footage.
It would be easy to assume that once a North Carolina criminal charge is dismissed there is nothing more to be done. However, even dismissed charges show up on background checks that have become routine in employment, housing, and other decisions. Some background checks might even show, for insta...
A step by step instructional on how to find your next court date in a Wake County Criminal Case using the e-courts/Odyssey system.
A brief explanation of the United States Sentencing Commission's recent decision to make adopted guidelines amendments retroactive.
Some things to think about if you or a loved one are charged with a drug trafficking case with federal implications in North Carolina.
Explanation of 5 significant adopted amendments to the United States Sentencing Guidelines from a federal criminal defense attorney in the Eastern District of North Carolina.
Relevant Conduct is How the Feds Punish Criminal Conduct They Don't Have to Prove. This article provides the basics of relevant conduct for the uninitiated, courtesy of Eastern District of North Carolina federal criminal defense attorney Sean Cecil.
Choosing the right criminal defense lawyer is one of the most important decisions a person can make. Attorney Sean Cecil has experience defending state and federal crimes in North Carolina and offers free consultations.
Join my friends at Emancipate NC for a 4/20 seminar about the state's challenges in proving simple misdemeanor possession of "marijuana" charges.
Proposed new United States Sentencing Guidelines will apply significant changes in criminal justice policy embodied in the 2018 First Step Act, and offer increased opportunities for "safety valve" relief from harsh mandatory minimums and early release eligibility.
A target letter is a clear indication that the recipient is on the radar of federal prosecuting authorities, and should never be ignored.
Recent changes to the Wake County Courts' criminal pretrial release plan should lead to a reduction in the use of unfair cash bonds for defendants awaiting trial.
The Court of Appeals held that unscientific "training and experience" testimony regarding the identity of alleged marijuana was not reversible error under the "plain error" test used to examine admission of evidence when there is no objection.
With the legalization of hemp came the question of under what circumstances the odor or appearance of cannabis, indistinguishable from hemp, would form probable cause to search a vehicle, home, or person. A recent North Carolina Court of Appeals case provides a little guidance.
The Fourth Circuit recently ruled that evidence discovered in the backpack of a North Carolina criminal suspect must be suppressed because the warrantless search was not made lawful under any of the exceptions to the search warrant requirement.
