Criminal Defense Attorney North Carolina
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Criminal Defense Attorney North Carolina
Bill Powers is an award winning criminal defense attorney and trial lawyer in the state of North Carolina. Attorney Powers is listed in North Carolina Super Lawyers magazine. Visit http://www.powersmccartan.com/bill-powers to connect with Attorney Powers
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How To Answer Application Questions About Criminal Charges

How To Answer Application Questions About Criminal Charges | Criminal Defense Attorney North Carolina | Scoop.it
Have You Been Convicted of a Crime?

Please list any felony or misdemeanor criminal convictions, guilty pleas, deferred prosecutions, prayers for judgment continued, and pending charges. Please also list any past or present felony or misdemeanor criminal charges, regardless of the ultimate outcome of the criminal proceeding.  Your listing should include DWI/DUI convictions, guilty pleas, etc., but exclude minor traffic violations. Provide date(s), court of jurisdiction, county/parish and state.

 

  • Can a Potential Employer Ask Me That?
  • Do I Have to Answer?
  • Do I have to Tell the Truth?
  • What is a Minor Traffic Violation?
  • Is the language, “Regardless of the Ultimate Outcome of the Criminal Proceeding” proper, especially considering North Carolina’s Expunction Law(s)?
  • What is a Prayer for Judgment Continued?

 

Bill Powers's insight:
  1. Tell the truth, because it IS going to show up
  2. Be open, up-front early on
  3. Don’t get into the process and then be discovered a liar, deceptive or dishonest
  4. Understand liars can be blacklisted and companies keep track of applicants
  5. Absolutely know the disposition of any charge(s) in the past, including dismissals, pleas, amendments, etc.
  6. Be prepared to give a concise, accurate accounting of past troubles
  7. Have documentation and records immediately available
  8. Make certain records are complete and without errors
  9. Understand charges show up on a criminal background search, not just convictions
  10. Tell the truth, there is no hiding criminal records anymore

 

Bottom Line:  Tell Me the Truth Up Front.  If You Tell Me a Lie, it makes it much worse and really hard to find a job.  – D.B. Robinson

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Bill Powers Steps into a Rare Role - Powers McCartan

Bill Powers Steps into a Rare Role - Powers McCartan | Criminal Defense Attorney North Carolina | Scoop.it
Bill Powers Steps into a Rare Role -

 

“At the time, I wasn’t mature enough to understand the importance of what we do.  Thankfully, some people in the organization saw something in me and encouraged me along the way. And along that way I made some of my closest friends through all of the social events and CLEs and general fellowship. These are people I still vacation with. Now, however, I recognize that I bring more compassion to my practice because of NCAJ. We make North Carolina a better place for average North Carolinians.”

 

Charlotte Lawyer - Mecklenburg County Bar News - Member Spotlight - Bill Powers President NCAJ - by Sonya Pheiffer

Bill Powers's insight:

"NCAJ is known across the state and across the country, and we have an incredible ability to impact legislation and policy,” Powers notes.

 

“It is critical that we be involved and knowledgeable. We have a self-sustaining city and feel like we can do it on our own, but we need to make our voice heard.”

 

Powers endlessly encourages young lawyers to get involved and engaged through social events, networking and educational opportunities that are outside the box.

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citybizlist : Charlotte Raleigh : Attorney Bill Powers Named Charlotte “Lawyer of the Year” in Criminal Defense by Best Lawyers

citybizlist : Charlotte Raleigh : Attorney Bill Powers Named Charlotte “Lawyer of the Year” in Criminal Defense by Best Lawyers | Criminal Defense Attorney North Carolina | Scoop.it

Powers is a graduate of N.C. State and Campbell Law School. His practice areas include criminal defense, impaired driving, DWI, DUI and traffic law.

 

Learn more about him at www.powersmccartan.com. - See more at: http://charlotteraleigh.citybizlist.com/article/376570/attorney-bill-powers-named-charlotte-lawyer-of-the-year-in-criminal-defense-by-best-lawyers#sthash.tCVY8Ape.dpuf

Bill Powers's insight:

Powers is a partner at Powers McCartan in Charlotte and a board-certified Criminal Law Specialist by the National Board of Trial Advocacy – National Board of Legal Specialty Certification.

 

He is also president of N.C. Advocates for Justice, a nonpartisan association of 3,000 legal professionals dedicated to protecting people’s rights through community, education, and advocacy. -

 

See more at: http://charlotteraleigh.citybizlist.com/article/376570/attorney-bill-powers-named-charlotte-lawyer-of-the-year-in-criminal-defense-by-best-lawyers#sthash.tCVY8Ape.dpuf

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What Happens Auto Accident and Murder Charges

What Happens Auto Accident and Murder Charges | Criminal Defense Attorney North Carolina | Scoop.it
It is impossible to anticipate each and every potential instance of conduct or fact pattern; but, in writing laws, we attempt to set general precepts and give guidance on acceptable and unacceptable behavior.  In the United States, that is part of the social contract of being a citizen and living, hopefully peacefully, with one-another.We live under a complex and at times confusing system of Justice.  It is by no means perfect, as anything created by the human mind is subject to error.  But, I truly believe our form of resolving disputes is still the best ever devised in the history of human affairs  – Bill Powers 
Bill Powers's insight:
The laws surrounding Murder, Manslaughter, and Vehicular Homicide cases in North Carolina are complex and sometimes confusing.Laws are made for men of ordinary understanding and should, therefore, be construed by the ordinary rules of common sense. Their meaning is not to be sought for in metaphysical subtleties which may make anything mean everything or nothing at pleasure – Thomas Jefferson 
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What is the History of Labor Day

What is the History of Labor Day | Criminal Defense Attorney North Carolina | Scoop.it

What is the History of Labor Day Weekend? Why Do We Celebrate Labor Day?

 

The National Holiday is celebrated every year on the first Monday of September.  The first “Labor Day” was marked by a parade in New York in the late 1800’s.

 

Two labor unions, the Knights of Labor and the Central Labor Union pressed for a special holiday recognizing the work of, well, workers.

Bill Powers's insight:
Labor Day recognizes the day-in-day-out dedication and hard work of people like machinists, carpenters, plumbers, and workers whom build America

Please be EXTRA careful this weekend.  Labor Day Monday is traditionally one of the most dangerous days of the year for motorists.  

 

A lot of people will be on the roads this holiday season.  With Hurricane Hermine, the weather conditions could make driving difficult.  Please remember and watch for:   

 

  • Flooding and Standing Water
  • Debris from High Winds 
  • Stranded Vehicles
  • Pedestrians
  • Downed Power Lines 
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Are there Differences between DWI and DUI

Are there Differences between DWI and DUI | Criminal Defense Attorney North Carolina | Scoop.it
What is Driving While Impaired? What is Driving Under the Influence? Are there Differences between DWI and DUI in North Carolina and South Carolina?
Bill Powers's insight:
Attorney John Landreth helps people in South Carolina with DUI Driving Under the Influence cases and other legal matters involving Felonies and Serious Criminal Offenses.  John is the only attorney associated with Powers McCartan, PLLC licensed and authorized to practice law in South Carolina.  Any legal commentary and content regarding South Carolina laws is that of Mr. Landreth.
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What Happens If I Have Problems With Probation

What Happens If I Have Problems With Probation | Criminal Defense Attorney North Carolina | Scoop.it
  • What is a Probation Violation?
  • Who Supervises Probation in North Carolina?
  • What is Included?
  • What Happens If I Have Problems With Probation? 

 

Urinalysis Testing for both legal and illegal substances in not usual in Probationary Judgments in North Carolina, especially for convictions for criminal offenses involving the use of alcohol and drugs.  

Bill Powers's insight:
If you are on probation, it’s a REALLY bad idea to test the PO’s patience.
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If I get in Trouble While on Probation What Happens

If I get in Trouble While on Probation What Happens | Criminal Defense Attorney North Carolina | Scoop.it

 If I get in Trouble While on Probation What Happens in North Carolina?

 

  • Can a lawyer or my PO help?
  • Will my probation be terminated?
  • Will I go to jail? 
  • What are my options?  
Bill Powers's insight:

The Court may impose probation necessary to ensure the defendant will lead a law-abiding life – N.C.G.S. 15A-1343 

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North Carolina Law Talk - Summer 2016

North Carolina Law Talk - Summer 2016 | Criminal Defense Attorney North Carolina | Scoop.it

North Carolina Law Talk is intended to help explain a sometimes complicated legal system.  Whether it is general information about how attorneys handle things, or nuanced discussions on Legislation and policy, submit your questions to:  bill@powmac.com

Bill Powers's insight:

Developing trends in the Legislature, the Courts, and  Legal Commentary on North Carolina Law issues.

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Can I Help a Friend in Jail

Can I Help a Friend in Jail | Criminal Defense Attorney North Carolina | Scoop.it
What is Bond? What is Bail? What Happens When Someone is Arrested? Can They Get Out? Can I Help a Friend in Jail? Is a Lawyer Required? How Does it Work?
Bill Powers's insight:
Navigating the legal system can be a bit confusing for friends and family of someone arrested.  We’re here to help – Bill Powers 
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How To Help Family with Criminal Charges

How To Help Family with Criminal Charges | Criminal Defense Attorney North Carolina | Scoop.it

What Happens if a Family Member is Arrested? Can Parents Call a Lawyer for Legal Help? How To Help Family with Criminal Charges

 

Bill Powers's insight:

Lawyers can help answer questions, provide advice, and give direction.

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What Happens When Convicted of a Felony

What Happens When Convicted of a Felony | Criminal Defense Attorney North Carolina | Scoop.it
Consequences of a Conviction. What else is there besides Costs of Court, Fine, Jail, Probation, and Restitution? What Happens When Convicted of a Felony?
Bill Powers's insight:

The long-term consequences of Felonies include more than just the potential for lengthy terms in Prison, Probation, Fines, and Cost of Court – Bill Powers

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Don't It Make Your Brown Eyes Booze

Don't It Make Your Brown Eyes Booze | Criminal Defense Attorney North Carolina | Scoop.it
Eye Color: Is It a Genetic Indicator of Alcoholism? Are Blue Eyed People More Susceptible to Substance Abuse Issues? Don't It Make Your Brown Eyes Booze
Bill Powers's insight:

One would be remiss in assuming those charged with Driving While Impaired in North Carolina are always alcoholics
– Bill Powers

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Weeping Wailing and Gnashing of Teeth No More

Weeping Wailing and Gnashing of Teeth No More | Criminal Defense Attorney North Carolina | Scoop.it

I must admit, even as an experienced attorney, I sometimes think to myself when talking to clients, “Good Lord it’s gotten complicated.”

 

Each and every time I speak to someone seeking legal help, I tell them three things right off the bat:

 

  1. Everything we talk about is confidential
  2. We do not charge for consultation, this is on our dime
  3. I am just explaining the law.  I’m not necessarily defending it or think it’s always fair.

 

 

Bill Powers's insight:

Rule 1

Realize this: Things are different now.

 

If you are still contemplating how your baby, whom only yesterday was wearing diapers, grew up so fast, thinking about them getting behind the wheel can be a discombobulating, emotional life-event.

 

Think about it.  

 

What was one of your most vivid memories growing up, especially about High School?

 

 

Take a deep breath.  You’ll get through it.  It is a process.  And it will all work out – Bill Powers 

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Best of the Business, Paralegals Are Unsung Heroes No More

Best of the Business, Paralegals Are Unsung Heroes No More | Criminal Defense Attorney North Carolina | Scoop.it

What I have figured out in the practice of law is that not only, as my grandfather RL used to say, it’s “nice to be nice,” but being kind and treating our professional legal staff with courtesy and respect just makes good business sense.

 

In my daily practice, despite trying very hard to be a good “boss,” I know there is always room for improvement.

 

That’s probably because before I could afford to hire a legal assistant, I was the legal assistant . . . and attorney.

 

Going through the process and legal system is second- hand to us as lawyers.

 

Ignorance of the complexities and uncertainties of the courts causes a tremendous amount of anxiety for clients.

 

Try as I may to reassure people and ex- plain an at times rough-and-tumble system, no one does it as well as Danny, Emma, and Lauren in our office.

 

Although technology in the industry will continue to be important, I do not believe a device or application will ever replace the value of a kind word or timely placed, reassuring telephone call by an experienced professional legal assistant.

 

 

 

Bill Powers's insight:

Paralegals do not work for us; they work with us and are an integral part of the team.

 

  • They are patient
  • They are kind
  • They do not boast
  • They are not easily angered
  • They rarely keep record of wrongs
  • They always protect, always trust (but verify), always hope and always persevere

 

Without our professional legal staff, we simply could not provide, with any level of consistency, quality legal services that help make the lives of our clients better.

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Top 3 Things to Do if Arrested

Top 3 Things to Do if Arrested | Criminal Defense Attorney North Carolina | Scoop.it

In many if not most instances, the process of charging and arresting someone is not personal.  It is a cold, hard decision based upon the facts as known at the time and an application of the law.

 

Police possess a substantial amount of discretion in formulating what is often referred to as the “Arrest Decision.”

Courts and Judges review issues involving Probable Cause considering:

 

  • The Totality of the Evidence
  • Utilizing an Objective Standard
  • Allowing for Reasonable Inferences
  • Based upon Experience, Training and Common Sense
Bill Powers's insight:
Few things impact a Jury as much as the statements of the accused against him or herself.

Long experience shows, despite the strength of any piece or collection of evidence, police ALWAYS want a confession.

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What is the Law about Texting and Driving

What is the Law about Texting and Driving | Criminal Defense Attorney North Carolina | Scoop.it
Distraction is anything that diverts the driver’s attention from the primary tasks of navigating the vehicle and responding to critical events – National Highway Traffic Safety Administration 

 

It is becoming increasingly apparent that Distracted Driving, which necessarily includes Text Messaging, is a substantial problem both nationally and within the Pine State.

 

The North Carolina General Assembly convenes in January 2017 for what is referred to as the Long Session.  If you would like to discuss Distracted Driving with your state House or Senate Representative(s) go to:  Who Represents Me? 

 

Texting and Cell Phones Rules. Is It Legal to Talk on a Cell Phone? What is the Law about Texting and Driving? Does the Type of Vehicle Matter? Bill Powers

Bill Powers's insight:
The preliminary numbers aren’t good.  Texting while driving may soon be a leading cause of motor vehicle fatalities

According to the National Highway Traffic Safety Administration NHTSA:

  • Drivers Texting or using handheld devices is increasing**
  • Drivers aged 16 -24 utilize mobile devices at higher rates
  • 23% of drivers in FATAL CRASHES are in their 20’s
    • 27% of  those fatalities are Distracted Drivers
    • 38% of the Distracted Drivers were using Cell Phones
  • 2014 – 3,179 people killed due to Distracted Driving
  • 2014 – 431,000 people injured due to Distracted Driving
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Powers named Charlotte Criminal Defense Lawyer of the Year by Best Lawyers

Powers named Charlotte Criminal Defense Lawyer of the Year by Best Lawyers | Criminal Defense Attorney North Carolina | Scoop.it

North Carolina Criminal Defense Lawyer Attorney Bill Powers named Charlotte Criminal Defense Lawyer of the Year by Best Lawyers ® 

 

Special thanks are due to my wonderful staff and law partners at Powers McCartan, PLLC – Bill Powers
Bill Powers's insight:

“Gracious, what an honor it is to again be included both individually in Best Lawyers in America  ® .  I’ll do my best to live up the tremendous honor,” says Bill Powers.

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How is Court Scheduled in North Carolina?

How is Court Scheduled in North Carolina? | Criminal Defense Attorney North Carolina | Scoop.it

How Court is Scheduled in North Carolina, Calendaring and Continuances?  

 

Although it is something we discuss from the outset with every client, it is at times helpful to remind people of certain court truths.

 

Please understand, in presenting these materials we are not defending these truths, supporting these truths, or in any way necessarily think these truths are as they should be.

 

  • Defendants and therefore Defense Lawyers do not control calendaring or dockets
  • Practices that may prevail in the business world are not necessarily appreciated or applied in the judicial system
Bill Powers's insight:

Knowing How Court is Scheduled in North Carolina, and perhaps whom holds the reigns, is valuable information.

 

Courts are slow and methodical because they must be.  Everyone involved deserves a full, complete and fair hearing.

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Meet the Charlottean leading North Carolina Advocates for Justice - Charlotte Business Journal

Meet the Charlottean leading North Carolina Advocates for Justice - Charlotte Business Journal | Criminal Defense Attorney North Carolina | Scoop.it
Bill Powers, a Charlotte-based criminal defense attorney, was elected president of NCAJ in June for 2016 to 2017.
Bill Powers's insight:

The North Carolina Advocates for a Justice not only made me a better lawyer, it also helped develop me into a better person.  

 

It's an honor and privilege to serve - Bill Powers 

 

 

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How Much Do You Know About License Revocations

How Much Do You Know About License Revocations | Criminal Defense Attorney North Carolina | Scoop.it

Take Our Quiz: How Much Do You Know About License Revocations Traffic NC

Bill Powers's insight:
A lot depends on the type and severity of an offense, the prior driving history, and record of convictions.  It can be a complicated and tough nut to crack – Bill Powers 
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What Happens if I Pay Off Old Tickets

What Happens if I Pay Off Old Tickets | Criminal Defense Attorney North Carolina | Scoop.it

Cleaning Up Your Record. Dealing with the Courts and DMV. What Happens If I Pay Off Old Tickets in North Carolina? 

Bill Powers's insight:
What To Look For:
  • Approach License Restoration Carefully
  • Important to Consider ALL Counties / Jurisdictions
  • Paying Off a Citation May Cause Additional Problems
  • FIRST STEP – Obtain an Official North Carolina Driving Record
    • North Carolina Department of Transportation / Division of Motor Vehicles
  • Tickets Can Affect One Another
  • Timing is Important
  • Don’t Forget About Late Fees, Penalties & Restoration Charges
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How Do I Clean Up My Criminal Record

How Do I Clean Up My Criminal Record | Criminal Defense Attorney North Carolina | Scoop.it

Expunction of Criminal History. What is an Expungement? How Do I Clean Up My Criminal Record North Carolina Criminal Records Laws - Bill Powers 704-342-4357

Bill Powers's insight:

The first thing we do as attorneys is determine eligibility.  It is very important to review the prior history, record, and some factual issues surrounding the charge(s) – Bill Powers 

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What are Fugitive and Out of State Warrants

What are Fugitive and Out of State Warrants | Criminal Defense Attorney North Carolina | Scoop.it
How long will I be jailed for out-of-state warrants? What is Extradition? What is a Governor's Warrant? What are Fugitive and Out of State Warrants
Bill Powers's insight:

Fugitive and Extradition Issues are notoriously complex.

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What is Required for a Pardon

What is Required for a Pardon | Criminal Defense Attorney North Carolina | Scoop.it
The option of a Pardon by the Governor is set forth in the North Carolina Constitution. What is Required for a Pardon depends on the type of Pardon sought.
Bill Powers's insight:

Pardons are rarely granted. In North Carolina the power to Pardon comes from Article III of the State Constitution. The power vests in the Governor of North Carolina under Article III, Section 5, Subsection (6) of the North Carolina State Constitution.

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