Can Immigration Officials Freeze Bank Accounts?

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by David Sherman, Criminal Defense Attorney with Freeman & Associates The immigration judge only has jurisdiction over immigration issues  and the removal order issued by an immigration judge will not authorize the federal government to freeze or seize you assets and bank accounts UNLESS the money in your accounts is due to some type of criminal activity or being used …

What should I expect at my arraignment?

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An arraignment is a court proceeding following arrest where the criminal charges are formally read to the defendant.  The charges may be presented by indictment (a formal charging instrument by a grand jury) or by information (formal charging instrument from the prosecutor).  In the case of an indictment, a grand jury hears evidence and makes a determination as to whether …

Do I have to go to court for my traffic ticket?

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Whether you must appear in court depends on the type of violation.  You may always appear in court to challenge your ticket or to plead guilty to the charges.  Certain traffic offenses may be handled without going to court by paying the fine and court costs prior to the court date listed on your citation. These traffic offenses are commonly …

Can I refuse a Breathalyzer?

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Although the answer can vary by state, in many cases, a refusal is itself a criminal or civil violation subject to stiff penalties.  In addition, if the DWI case is proven against you, there may be additional penalties imposed beyond those for the drunk driving offense. In North Carolina, refusing to take a breathalyzer test does not carry criminal penalties, …

Are the police required to knock before entering my home with a search warrant?

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Under most circumstances, even if officers have a search warrant, they have to announce themselves and their purpose before entering a home. This “knock-notice” or “knock and announce” is rooted in the Fourth Amendment’s protections and also many state laws.  The knock notice rule requires in most instances that officers not enter a dwelling without permission until the occupant has …

Should I Make a Statement to the Police?

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The short answer is NO!  If you are the subject of a criminal investigation, being held for an interrogation, or placed under arrest, do not make any statements to the police. You should first consult with an experienced criminal defense lawyer who can help guide you through the criminal investigation process. Although you may think you can effectively present your …

Discovery: What does the Prosecution have to disclose?

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The discovery process in a criminal case is designed to promote fair trials and encourage the settlement of cases.  A defendant has the right to know what evidence will be presented at trial in advance so that the defendant and his or her legal team can prepare their best defense. While television shows and movies love to portray the scene …

Do police officers have to wear body cameras?

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No. Each department develops its own policies surrounding the use of body cameras. Most major metropolitan city police departments do have the technology in place and policies on how and when the cameras are used. Most policies encourage officers to activate the cameras prior to the use of force if safe to do so.  Officers who fail to adhere to …

Can I Get a Ticket for Driving Too Slowly?

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As of December 1, 2017, in North Carolina, you may receive a ticket for driving less than the posted speed in the lane closest to the center or for impeding the steady flow of traffic. The fine is $200.  (NCGS 20-146) Maryland, Nevada, Oregon and Maryland have recently or are in the process of passing similar laws.  Common roadside courtesy …