Yet as many of our past clients here at The Law Offices of J. Darren Byers, P.A. can attest to, that is not the case. Breath test results are often viewed as unreliable (so much so that some courts do not even allow them as evidence). Challenging the results of such a test, however, requires that you understand exactly how such devices work (and how that introduces the potential for error into the equation).

Reviewing how alcohol gets on your breath

The exact type of alcohol you ingest when you drink is ethanol. Being a water-soluble compound, ethanol is able to pass through membrane surfaces through a process known as “passive diffusion.” This allows the ethanol you ingest to pass through the linings of the organs of your digestive system and enter into your bloodstream. Once in your blood, the ethanol then makes its way through your body via the veins, eventually ending up in your lungs. In your lungs, it comes in contact with oxygen, causing a small portion of it to vaporize into a gas (which then exits your body when you breathe).

Understanding your blood-to-breath ratio

It is this concentration of alcohol on your breath that breath testing devices measure. According to the Alcohol Pharmacology Education Partnership, these devices assume a static blood-to-breath alcohol content ratio of 2100:1. In reality, however, your actual blood-to-breath ratio can vary between 1500:1 and 3000:1, which lends credence to challenges of the accuracy of breath tests.

You can find more information on challenging DUI charges throughout our site.

In the past decades since the start of the War on Drugs, debate over mandatory minimum sentencing for drug crimes has raged. Initially well-received, decades of data has shown that mandatory minimum sentencing does not achieve its stated goal; it does not reduce the prevalence of illicit drug sales across the nation.

How new policies change the game in North Carolina

In recent years, the push back against mandatory minimum sentence laws in North Carolina has gained traction, and reform advocates achieved a major win this past month. At the end of June, North Carolina Governor Roy Cooper signed a bill that expanded judicial discretion for drug crimes.

The new policies come in the form of two newly passed bills that do a few different things. Now, North Carolina criminal drug policy:

1. Grants judges the power to give more lenient sentences that do not meet the mandatory minimum guidelines for certain first-time offenders
2. Enables some currently incarcerated individuals to appeal for a lighter sentence under the new act
3. Allows more people to petition to remove certain drug crimes from their criminal history

These bills mark a change in the state’s conversation about drug crimes and can mean a huge difference for you and your loved ones in the criminal justice system. If you believe that these new laws can impact your case, speak with a criminal defense attorney.

What is a diversion program?

Diversion programs intervene in cases before a trial or verdict happens. They are meant to offer opportunities for reeducation and growth. Programs like Law Enforcement Assisted Diversion (LEAD) and other rehabilitation-focused initiatives are making substantial headway, especially as the current pandemic leads to increased addiction issues.

If an accused person fulfills a set of education, medical and mental health requirements, they can avoid trial and the courts will treat the charge as though it never happened. As North Carolina gives courts more and more discretion to help rather than punish people with addiction, many judges and others are embracing these interventions.

Does court-ordered rehabilitation work?

For many families and individuals, court-ordered rehab programs can seem like a stretch. After all, if your loved one hasn’t responded to other treatments, why would this be any different. However, National Institute on Drug Abuse research shows that court-ordered treatment impose a vital structure to people’s lives and can help addicts find critical support structure for recovery. They can make a difference.

Many convictions have been overturned as prosecutorial offices around the country face greater accountability. Some counties have even set up special review units or second-look procedures to examine questionable convictions. In 1996, there were only 47 convictions overturned, and recently there were at least 166 reported each year.  

Experts believe that law enforcement officials, judges and prosecutors are realizing how common it is to send innocent people to prison, rather than a novelty that only happens once or twice. More than half of the exonerations involve false accusation or perjury from a witness. This problem is especially noticeable in child sex abuse cases or homicide cases. Witness identification is increasingly unreliable, and misidentification is common in sexual assault cases. 

Since 1989, DNA has played a significant role in 25% of exonerations. Over the last ten years, the rate of exonerations related to DNA has remained consistently at about 20 cases each year. Along with these problems, those who have been accused of crimes face underlying issues in the criminal justice system and law enforcement.  

Out of 100 people sentenced to death for crimes, there are likely four that are innocent, and only two who have been exonerated for their crimes. In The National Registry of Exonerations there are over 2,000 people who have been exonerated and experts believe that is only a small fraction of the number who are truly innocent. The wrongfully convicted often lose large portions of their lives to jail or prison for crimes they did not commit. 

To begin with, the Collateral Consequences Resource Center explains you may only receive an executive pardon if you have completed your sentence. In fact, you typically must wait five years after the end of your sentence. On rare occasions, the president may pardon someone who is still incarcerated. Usually, though, you cannot have any current court proceedings in progress.

You must submit an application to the Office of the Pardon Attorney. You and your case go through a thorough investigation. Considerations include why you need the pardon, what crime you committed, recommendations on your behalf from officials and your attitude towards your situation and crime.

You should understand that a pardon does not remove your conviction or release you from the charges. It is simply a recognition of your rehabilitation and betterment of your character. An expungement at the state level will seal your records, which means only law enforcement and other approved individuals may ever access the records. Essentially, an expungement clears your record. A pardon does not, which is a distinction worth noting. This information is for education and is not legal advice.

In particular, heroin is a substance that has strict laws surrounding it. In addition to the preventative laws, a violation of the law could result in severe punishment depending on the circumstances. If North Carolina authorities have charged you with a heroin-related crime, you may benefit from understanding the potential consequences if a conviction takes place and understanding other information applicable to this type of scenario.

Complete restriction

Any type of activity involving heroin is prohibited under federal and state law. This prohibition means that you could face serious charges and potential repercussions if authorities accuse you of heroin manufacturing, possession, distribution or trafficking. Of course, drug trafficking is the most severe of these listed crimes. Any activity involving heroin also automatically results in felony charges in the state. Those charges become more severe depending on the details, such as:

• Possession: Class I felony resulting in possible three to 12 months in jail
• Sale: Class G felony; upgraded to Class E felony if sold to a pregnant woman, person under the age of 16 or within 300 ft of a school
• Trafficking 4-14 grams: Class F felony resulting in possible 70 to 84 months in jail and a $50,000 fine
• Trafficking 14-28 grams: Class E felony resulting in possible 90 to 117 months in jail and a $100,000 fine
• Trafficking 28+ grams: Class C felony resulting in possible 225 to 279 months in jail and a $500,000 fine

If you find yourself accused of any type of heroin-involved crime, you likely understand that you are in hot water. However, you do not have resign yourself to the negative consequences listed here.

Defending against charges

Because felony charges, especially those for drug trafficking, are severe, you will undoubtedly need a meaningful criminal defense. Fortunately, you have the right to create and present such a defense and to consider your other legal options. Working with an attorney knowledgeable in state laws regarding drug crimes could help you find the best courses of action for handling your particular case.

If police recently arrested you for a serious crime, they may have told you that your fingerprints were at the scene, perhaps even on the weapon they believe you used to commit the crime. While you may feel you have little chance of refuting forensic evidence, especially fingerprints, modern courts are not so quick to blindly accept forensics as science.

Fingerprint analysis

While it may be true that each person has a unique fingerprint, the problem some courts have is that the interpretation of those fingerprints is not always reliable. One judge in a U.S. District Court ruled that the methods used for interpreting fingerprints do not meet the U.S. Supreme Court’s standards of scrutiny. Because of this, it is possible that the fingerprint evidence against you may be in question as well.

A fingerprint expert who testifies against you may say your fingerprints match those found at the crime scene, but the standards these experts use to define what is a match are not always clear. Since the methods fingerprint experts use do not comply with scientific standards, some courts are not allowing fingerprint experts to testify at trial.

Other forensics inconsistencies

You may be relieved to know that recent years have seen courts requiring more from the process of forensic investigation. For example, the methods for examining and comparing hair samples, bite marks and handwriting have all come under criticism, and several cases have seen the exclusion of what used to be assumed as key pieces of evidence. However, fingerprints have remained as the stronghold of evidence.

If you are facing charges for a felony crime such as murder, every piece of evidence affects your future. You want to be certain the jury does not see evidence that investigators collect for the sake of convicting you instead of in the search for the truth. Having a strong and relentless criminal defense attorney on your side can be a great benefit to you in this situation. A skilled North Carolina attorney will have the experience to question and challenge any forensic evidence prosecutors claim to have against you.

If you are like most North Carolina residents, then you probably don’t fully understand why it’s crucial for you not to allow law enforcement officials to enter your home without a valid search warrant. The information below could provide you with some valuable insight into why you shouldn’t just consent to a search.

Your Constitutional rights

The Fourth Amendment to the U.S. Constitution guarantees you the freedom from unlawful searches and seizures. What does that really mean? It means that law enforcement officials can’t just come into your home to search it without putting your rights first. When evaluating whether a search complied with the law, the courts often look to determine whether you had an expectation of privacy in the search area. 

For example, if the area police want to search is inside your home, you have an expectation of privacy. If the search area is your front law and anyone walking by could see any evidence of criminal activity there, then it is not considered private. As is the case with most laws, there are times other than when you give away your rights by consenting to the search when law enforcement officials do not need a search warrant to enter.

Violations of your Constitutional rights

If it turns out that a court rules the search of your private space as a violation of your rights, then any evidence gathered during that search falls under the “exclusionary rule.” This means that the items seized may not be presented in court as evidence against you. This rule reminds police officers that their first priority is to protect your Constitutional rights regardless of the circumstances.

In addition to excluding any evidence that falls under the exclusionary rule, the courts do not allow any additional evidence derived from the first, unlawful search to be admissible in court. The so-called “fruit of the poisonous tree” doctrine means to discourage officers from conducting illegal searches. It is important to remember, however, that while the courts want to protect your rights, they also recognize that not all searches are going to go as planned.

If an officer acts in good faith or has a legal reason for entering your home without a search warrant, the court may uphold the search and admit any evidence resulting from the search. Keep in mind that your actions also affect whether what would be an illegal search becomes legal. If you have any questions, it might be better to send police away until they return with a valid search warrant and you have the time to gain an understanding of your rights.

With a more minor offense, like drug possession, a person could face a misdemeanor charge. However, felony charges could apply to more serious situations, like drug trafficking. Trafficking is one of the most severe types of drug crimes, and if authorities have accused you of participating in such an activity, you will undoubtedly have your hands full working on your defense.

Aspects of your case

The potential consequences of a conviction for drug trafficking can depend on many factors. Some of the aspects of your case you may want to review include the following:

• Where the drugs were distributed
• What type of substances were distributed
• The amount of drugs involved
• Whether children were targeted by distribution efforts

You may have initially thought that a charge of drug possession could come against if you authorities found an illegal substance, but charges for trafficking could have come about if investigators believed that you had enough of a substance to sell. As a result, rather than facing a misdemeanor allegation, you now face a felony charge.

Authorities may also look at the class of drug involved. A Schedule II substance may come with less severe consequences if a conviction occurs than if a Schedule I substance was involved.

Federal crime

Drug trafficking also falls into the category of a federal crime. As a result, you may need to learn about North Carolina state laws regarding this crime as well as federal laws. Federal cases may prove more difficult to work through, and you will undoubtedly want to make sure you have the right information regarding the exact charges brought against you and the path your case will follow.

As you assess your circumstances, you will certainly want to make sure you explore your criminal defense options. An attorney could help you understand what avenues may work for your circumstances and act as an advocate to guide you through the entirety of the legal proceedings associated with your criminal case. Drug trafficking charges can be difficult to face, and you certainly do not want to go it alone.

In those moments, you may have to make a decision that few people want to make — whether to take a life. If you made that choice, you may face criminal charges. Proving to the court that you had no choice because you were defending yourself may require some assistance since the concept of self-defense may present some challenges.

How does the law define self-defense?

First, you absolutely have the right to defend yourself if you are under attack. You may respond with a sufficient level of force in order to fend off your attacker. However, that’s not the end of the story. When it comes to determining whether you were defending yourself and whether you used the appropriate level of force, the courts will ask numerous questions:

• Did you provoke the attack?
• What happens if the threat you thought the other party presented wasn’t real?
• What was a sufficient level of force under the circumstances?
• Did your actions go beyond that level?

As you can see, it’s not as cut and dry as Hollywood makes it seem. The answers to these questions could determine whether you may use the self-defense in your case.

Considerations when considering self-defense

Additional issues that you need to cover before using self-defense as a defense strategy in your case include the following:

• Your fear of harm from the other person must be reasonable. You will need to show that a “reasonable person” would also have felt that his or her life was in danger under the same circumstances.
• You will need to show the court that your response to the attacker was in proportion to the force threatened or used against you.
• You will also need to show that the threat against your life was imminent. This means that the threat must be immediate and backed up with a show of force or the physical threat of force.

How you address these issues could make or break your case. You may want to reserve answering these questions and concerns until you obtain experienced representation, however. Anything you say to police or prosecutors may end up as evidence against you. This is a trying time to be sure, but you may want to make sure that you invoke your right to remain silent.

Even though you truly believe that self-defense justified the life you took, officials may still investigate the matter to determine whether you are telling the truth. That may seem like an insult considering what you have been through, but it is the state’s job to be skeptical. For this reason, you may want to consider making use of the legal resources at your disposal to help you through the situation.