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The Peterson Presumption

Parents are presumed to have a constitutionally protected paramount right to the custody care and control of their children.  Generally, this means that the natural parents of children are entrusted the natural raise and care for their children as they see fit, regardless of what third parties see fit.  This may come into play when Read More

Sentencing for Drug Trafficking in North Carolina N.C.G.S. § 90-95(h).

When most people think of drug trafficking they envision pallets of drugs stored in a warehouse or being transported in large quantities for sale.  However, under North Carolina law, the amount of drugs needed is often much less than one might imagine.  Just a single ounce of cocaine or methamphetamine can lead a defendant afoul Read More

N.C. Statute banning use of commercial social networking Web sites by sex offenders is Unconstitutional.

North Carolina, like many other states, has taken several measures to protect the public from future harmful acts committed by convicted sex offenders.  While it is impossible to to determine what a person may or may not do in the future, North Carolina takes a proactive approach in protecting the public.  Convicted sex offenders are Read More

A Basic Fourth Amendment Principle

The correct application of the Fourth Amendment to the Constitution of the United States is germane in criminal proceedings. Like other areas of Constitutional Law, the volume of cases expounding upon it is tremendous, while the text is brief upon its face.  In its entirety it reads as follows:   “The right of the people Read More

Lifetime Satellite Based Monitoring for Recidivist Sex Offenders in North Carolina

It is no surprise that the general population would agree that there are substantial concerns regarding the post-conviction release of sex offenders and their reintegration in society.  The North Carolina General Assembly has attempted to address some of these issues with laws that impose special restrictions and requirements on convicted sex offenders.  Some of these Read More

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