Raleigh Criminal Defense Law Blog

North Carolina will host the Democratic National Convention in September, and the Charlotte City Council does not want to leave anything to chance. Earlier this week, the council approved amendments to ordinances that give police greater power and restrict demonstrations in some public areas. The council anticipates large protests during the convention and wants to avoid the assaults and looting that have marred national conventions in other cities.

Occupy Charlotte is the first group to be affected by the law change. The new ordinance specifically prohibits the construction of tents or other temporary shelters on city property. Occupy protesters have camped out on the lawn at old City Hall since October.

We have been discussing the different approaches states have taken to the use of ignition interlock devices. The devices are meant to keep drivers convicted of DWI from becoming repeat offenders. As we said, some states mandate interlocks for every person with a DWI, while other target only the most serious offenders. North Carolina is in the latter group, but the General Assembly may revisit bills from last session that would put the state in the "any and every DWI offender" category.

Mothers Against Drunk Driving and the U.S. Centers for Disease Control and Prevention have been working with state legislatures to implement mandates in every state. The organizations believe that zero tolerance is the best approach, and statistics have shown that the interlock devices are more effective than, for example, license revocation.

States have adopted different laws around ignition interlock devices. Some states require every person convicted of drunk driving to install one -- even first-time offenders. Other states, like North Carolina, require interlocks for more serious offenders. Here, an interlock device is required if you are convicted with a blood alcohol concentration of 0.15 or more, if your conviction is your second for impaired driving in seven years or if your conviction is for habitual impaired driving.

Mothers Against Drunk Driving and the U.S. Centers for Disease Control and Prevention are urging legislatures to adopt ignition interlock mandates for every level of offender. Anyone over the limit who is convicted of DWI would have the device installed on his vehicle.

When the North Carolina General Assembly adjourned last summer, a handful of bills concerning ignition interlock devices were pending, and they may or may not be picked up when legislators reconvene next month. Until a stricter interlock law passes, the state will continue to be a target for proponents. Research shows that states with interlock mandates have seen drunk driving re-arrest rates drop by as much as 67 percent.

The organizations leading the charge are Mothers Against Drunk Driving and the U.S. Centers for Disease Control and Prevention. They see interlock mandates as the best way for law enforcement to address repeat offenders -- just one step along the road to eliminating drunk driving altogether.

We are talking about a case that made headlines last week. The story raises questions about the use of deadly force in defense of self or others. Deadly force used against an intruder into a home is justifiable under the "Castle Doctrine," a legal defense accepted in all states under case law or statute. North Carolina, in fact, just updated its Castle Doctrine statute.

The story that started the discussion took place in another state. A young mother and her baby were hiding in the bedroom as intruders broke into her mobile home and made their way toward the bedroom door. She called 911, explained the situation and asked if it was OK to shoot the men if they came at her and her baby. The dispatcher told her to protect her baby in any way she could. She shot and killed one man; the other fled.

The Internet has been awash with stories this week about the woman who shot and killed a man who broke into her mobile home. What makes the story unusual is that the woman, huddled in her bedroom with her baby, first called 911 to see if shooting the intruder would be okay. The dispatcher told her to do what she had to do to protect her baby, and, when the man kicked in the bedroom door, the young mother killed him with a shotgun blast.

Today, authorities cleared her of any wrongdoing. She was clearly acting in self-defense, and she was in her own home. This story didn't unfold in North Carolina, but the result would likely have been the same, because of something called the "Castle Doctrine."

Beginning in January, North Carolina offenders sentenced to six months or less will serve their time in county jails rather than the state's prisons. Offenders sentenced to 90 days or less will still serve their time in county jails, but those convicted of more serious misdemeanors like assault will no longer automatically go to minimum-custody correctional facilities.

The change is one result of the General Assembly's efforts to cut costs at the Department of Correction while improving early intervention programs. Legislators estimated the state could save $33 million per year by allowing jails to take custody of more offenders.

After more than seven days of testimony, a jury deliberated for a few hours before coming back with a guilty verdict in a high-profile North Carolina murder case. The defendant will spend the rest of his life in prison for his part in the death of a Chapel Hill student. He was convicted of first-degree murder, kidnapping and robbery.

The crime occurred in 2008, when, according to prosecutors, the defendant and another man forced the 22-year-old woman into her car. They then drove to ATMs and withdrew money from the victim's account. A few hours later, the victim was found dead. She'd been shot several times.