In North Carolina, it is a crime to engage in the production, possession, or distribution of child pornography. Under NC state law, the crime is categorized at three levels: first degree (NCGS 14-190.16), second degree (NCGS 14-190.17), and third degree (NCGS 14-190.17A). To successfully prosecute an individual for 1st Degree Sexual Exploitation of a Minor, the state must prove...
Continue ReadingThree Best Rated recently ranked attorney Benjamin Hiltzheimer as one of the three best DWI lawyers in Raleigh, North Carolina. Attorney Hiltzheimer has represented hundreds of individuals charged with DWIs in Raleigh, as well as Durham, Orange, Chatham, and Alamance Counties. Mr. Hiltzheimer brings a decade of litigation experience to bear on each case he takes on, and takes...
Continue ReadingFor the English-speaking public, North Carolina state law requires that law enforcement officers read certain rights to DWI suspects orally, and provide those same rights in writing, before the individual is required to decide whether to blow into a breathalyzer (Intox EC/IR II in Wake County) or submit to a blood draw. North Carolina General Statute § 20-16.2 is...
Continue ReadingUntil this year, North Carolina law permitted the taking of a blood sample from an unconscious DWI suspect under the apparent rationale that, by the simple fact of being rendered unconscious, we give up the fundamental right to be free from governmental intrusion into the contents of our own blood. North Carolina General Statute § 20-16.2(b) still reads as...
Continue ReadingAccording to the North Carolina Rules of Evidence, Rule 702, a witness properly qualified as an expert may only testify as to matters deemed to be outside of the domain of lay knowledge if the following three foundational criteria are met, under 702(a): (1) The testimony is based upon sufficient facts or data, (2) The testimony is the product...
Continue ReadingBullet lead analysis, hair and fiber analysis, and now the Horizontal Gaze Nystagmus (HGN) test has been added to the growing list of police practices masquerading as “science,” that have now been discredited and revealed as little more than a hoax pulled on the general public by law enforcement as a tool to secure convictions in the absence of...
Continue ReadingAs we all know, “ignorance of the law is no excuse” for breaking it. Didn’t know the speed limit? That’s no excuse, and you can bet you’ll be prosecuted for it. Didn’t know it was illegal to sit in your driveway listening to music on your car stereo after having some drinks? That’s no excuse, and you can bet...
Continue ReadingTwo mentally disabled North Carolina men were finally exonerated this week, after being wrongfully convicted over three decades ago as a result of flawed police interrogation techniques. From the NY Times: The two young defendants were prosecuted by Joe Freeman Britt, the 6-foot-6, Bible-quoting district attorney who was later profiled by “60 Minutes” as the country’s “deadliest D.A.” because...
Continue ReadingMany of those charged with a DUI or similar traffic violation know about some of the most common legal consequences for these kinds of convictions. They may know about license suspension and other issues. But there are other long-term consequences of DUI/DWI prosecution that can take many years to go away, and can be problematic for drivers long after...
Continue ReadingOne of the various judgments imposed by North Carolina courts in DUI cases involves the use of an ignition interlock device that will help monitor the behaviors of someone previously charged with these kinds of traffic violations. Knowing about specific rules and restrictions for convicted drivers is part of building a personal defense in local courts. What Is an...
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