Whether law enforcement has probable cause to search is a critical issue in most drug arrests where the defendant is inside a vehicle.  Oftentimes, that probable cause is based on the law enforcement officer's detection of the odor of marijuana.  This letter from the State Bureau of Investigations Director opines that law enforcement officers are not able to differentiate between the smell of legal CBD products (which contain small amounts of THC) and marijuana, an illegal controlled substance; and provides additional ammunition to defense attorney's challenging probable cause for searches based on marijuana odor. Read More: unc.live/2FmFXHE ​ For[...]

When a client is deciding whether or not to file a lawsuit, it is important to analyze what assets a defendant has and whether the defendant will actually be able to pay-up after losing at trial. You can’t get water from a stone or blood from a turnip.  Sometimes, a defendant has assets, but they’re extremely limited (think single-member LLCs, holding companies etc.).  In those cases, clients may be rightfully concerned that the defendant will start dumping assets once they sense litigation coming.  Fortunately, under Article 35 in Chapter 1 of the North Carolina General Statutes, there is a mechanism to[...]

Interesting case from just North of the Virginia State line. The alleged value in this dispute is the network of Twitter "followers" that the Reporter developed during his employment with the Paper. In North Carolina, the law generally holds that customer lists do not constitute "trade secrets" and can't be the basis of a legal claim. In the newspaper industry where the customers are the readers, could there be an argument that Twitter followers are really just a list of readers/customers? https://bit.ly/2KBs73H  ​For information on trade secret misappropriation and other commercial law issues, contact the team at Parton Law. [...]

Earlier this week, a twenty-five year old Math teacher at Rocky Mount Preparatory School was accused of having sexual contact with three underage students ( http://bit.ly/2tjMeLR ). Students and teachers were interviewed before a warrant for Erin McAuliffe was issued. McAuliffe was later arrested. McAuliffe was fired on May 4th and had her first appearance in court yesterday to face the allegations brought against her. When serious misconduct in connection with a school, and teachers or students suddenly transition to suspects and witnesses, the question of what rights those individuals have have often arises and can be critical. The[...]

Most people don’t keep up with statutory amendments, proposed legislation, or case law developments, but are generally aware of prohibited behavior like stealing, assault etc. that is illegal in North Carolina. However, ignorance of the law is not a defense, and most people aren’t aware that other, more obscure activities, such as serving alcohol at a bingo game, stealing grease, or failing to keep a detailed record of cotton sales, that constitute crimes. Here are some of the stranger North Carolina criminal laws that could land you in the slammer as originally highlighted by Charlotte Stories: It's Illegal to[...]