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Roberts Law Office Blog

Collaborative Help

By Edd Roberts, Roberts Law Office, PA First posted on: Tenth J.D. Bar Professionalism Newsletter: June 2017 On a cold Saturday morning in November at the Chavis Heights Community Center, an outpouring of help came together to offer assistance to those in need. In a communal effort to help folks clean up old charges and [...]

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 the Chavis Heights Community of Raleigh. Together, they were able to assist with the preparation and [...]

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 without consent. Applying federal law, the Court [...]

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 the outcome of the case and they will award defendants a new trial to right [...]

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 witness is correctly qualified as an expert there should be a better buildup of the [...]

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 the stop of the Defendant’s vehicle was a constitutional violation or not.  The Appellate Court remanded the case back to the [...]

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 question a thirteen (13) year old student [...]

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 J. Lee v. William C. Gore; A18A10 [...]

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 they hear sounds that appear to be [...]

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 immediate control, the Court states the area [...]