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Self-Defense as a defense in NC

In North Carolina you are entitled to use self-defense if the situation warrants it.  It would seem like it should be rather simple in that if someone attacks you then you should have the right to do what you must to protect yourself.  Self-defense laws are actually a...

When police are able to perform a search

Generally police must obtain a search warrant before they can legally search someone’s home or search their property.  As with most topics in the law there are exceptions to the search warrant requirement.  The most common exceptions that police use are the search of...

Elements of a crime

Any crime has four basic elements that must be proven before someone can be charged.  The elements are 1.) Actus Reus (physical act), 2.) Mens Rea (mental state), 3.) Causation, and 4.) Social Harm.  Basically the State must prove that the accused performed a physical...

Move-Over law in NC

Recently there was a story on the news about a police officer who was nearly hit by a car. The officer was performing a traffic stop on I-77 when a vehicle that was passing barely missed striking the officer.  This is the reason why North Carolina has a statute, G.S....