What Will Be Your Story?
Posted By: Edd Roberts, Roberts Law Office, PA
First posted on: Tenth J.D. Bar Professionalism Newsletter: August 2019
While I never have been one to sing my own praises, I was asked to write an article on “what will be …
Raleigh Criminal Defense Attorneys Spread Holiday Spirit
Edd Roberts was recently reminded of how good it feels to help others- just in time for the holidays. This December, Roberts, along with many other Raleigh criminal defense lawyers, came together to participate in a Pro-Bono expunction clinic in …
Law Enforcement Illegally Seized Blood Sample in DWI Arrest
In a recent Appellate Court ruling, State of North Carolina v. Joseph M. Romano No. COA15-940 (2016), the Court gives a clear indication that it is not going to allow law enforcement to cut corners in DWI cases where the defendant’s blood has been taken without a warrant or
DWI Conviction Overturned- Loose Standard of Expert Witness
We are seeing time and time again the expert witness standard being loosely applied in state trial courts. The Appellate Courts, in reviewing these cases, are sending a clear message to the trial courts that these errors are prejudicial, affect …
Expert Witness Standard Overdue for a Facelift
In a recent case from our NC Court of Appeals, one of the Judges concurring with the majority wrote a separate opinion where he declared that in order for the Appellate Courts to have sufficient facts to determine whether a …
DWI Conviction Vacated in NC
In a recent case from our NC Court of Appeals, the Appellate Court vacated a Defendant’s DWI conviction on the grounds that there was not enough facts to support the checkpoint set up by law enforcement. The issue was whether …
IT IS NOT AGAINST THE LAW to Question Juveniles at School Without a Parent or Guardian Present and Without Reading Them Miranda Rights.
A recent U.S. Supreme Court case has changed the rules on juvenile questioning making it easier for law enforcement to obtain confessions (J.D.B. v. North Carolina, October Term (2010)). Investigating two recent home break-ins, an Investigator with the Chapel Hill Police Department went to a middle school to
Law Enforcement Officer’s Mistake Causes Suspension to be Set Aside
In a recent case from our Supreme Court, the Court affirmed the decision of the NC Court of Appeals to set aside a one (1) year NC DMV suspension for Petitioner Lee’s refusal to submit to a chemical analysis of his breath in a DWI criminal case (Richard
Law Enforcement Can Enter Your Home Without a Warrant
What was once sacred, “a man’s castle,” just lost considerable ground in regards to our Fourth Amendment right against unreasonable searches. A recent U.S. Supreme Court decision, deriving out of Kentucky, gives law enforcement officers the authority to breakdown the door and enter without a search warrant, if
Law Enforcement Search of Vehicles Narrowed
New search and seizure law requires law enforcement officers to limit their search of a vehicle incident to arrest, to areas within the immediate control of the person arrested for weapons and only for evidence of the crime for which the person is being arrested. When defining what constitutes