Bill Powers

Charlotte NC "Lawyer of the Year - Criminal Defense: General Practice"
2018 Best Lawyers®; 2019 Best Lawyers® Past President of the North Carolina Advocates for Justice 2016 - 2017

• Criminal Law
• Personal Injury
• DUI & DWI
• Divorce
• Domestic Violence
• Traffic Tickets
• Cannabis & Marijuana Law
• Workers' Compensation
• Medical Malpractice
• Products Liability
• White Collar Crime
• Family Law

• Free Consultation
  Payment plans available for family law cases under NC divorce laws, and criminal law cases, as set forth above. Ask us your pressing questions about North Carolina marriage laws relating to child custody, alimony, child support and visitation rights. Our Carolina Attorneys can help you track NC court dates by defendant name, or discuss penalties for conviction of possession of a controlled substance. Before a client can be convicted, our criminal justice attorneys thoroughly review Miranda Rights, Fourth amendment, Fifth amendment and many more legal challenges under the North Carolina statutes applicable to criminal cases. Only by exhaustive work can your best outcome be obtained.
• Credit Cards Accepted
  Payment plans / automatic billing available for accusations of violating NC criminal laws, by way of traffic ticket or indictment. A criminal defense attorney Charlotte NC with our law firm can also offer you attorney fees payment plans that best suit your budget. Our most common criminal justice case arises from a Mecklenburg county arrest, and often for a violation of North Carolina weed laws. Remember that a NC offender is not a convicted person, so long as your criminal attorney is still fighting your criminal prosecution to achieve the best outcome.
• Contingent Fees
  Contingent fees are available personal Injury, workers compensation and wrongful death cases, since this type of civil litigation utilizes these fee arrangements as the best and most equitable method of structuring fees. The North Carolina statute on contributory negligence makes this necessary. Call an auto accident attorney Charlotte NC for a FREE lawyer consultation. Matters involving Impaired Driving, DWI / DUI, Criminal Defense & Traffic Law specifically can NOT be on a contingency fee basis. Bill Powers has been lead counsel on more North carolina murder cases. Our criminal lawyers Charlotte NC have experience with North Carolina drugs laws, felony vs misdemeanor. North Carolina marijuana cases (felony or misdemeanor) are our most common controlled substance. Mecklenburg County warrants are a daily legal problem that our Charlotte attorneys give legal advice about, and often are retained for the criminal case.
• Rates, Retainers and Additional Information
  Guaranteed flat fee, in writing, for DWI / DUI, Criminal Defense & Traffic Law issues. This includes such common North Carolina offenses as: speeding ticket in NC, open container NC, misdemeanor larceny, DUI in NC, NC traffic ticket, DWI in NC, class 1 misdemeanor NC, class 3 misdemeanor NC, simple assault NC, NC speeding laws, larceny by employee, assault with a deadly weapon NC, class 2 misdemeanor NC, NC domestic violence laws, assault on a female, class F felony NC, class 1 felony NC, breaking and entering NC, class A1 misdemeanor NC, injury to personal property, driving while impaired, DUI in North Carolina first offense, criminal negligence, manslaughter, or violating North Carolina gun laws, Once you decide on the best law firm for your case, we will meet you in person or virtually, via Facetime, Zoom or other electronic method.

North Carolina

Since 1992

Partner

Powers Law Firm PA

2017 - Current

Immediate Past President

North Carolina Advocates for Justice

2017 - Current

https://www.ncaj.com/index.cfm?pg=Leadership

President

North Carolina Advocates for Justice

2016 - 2017

President Elect

North Carolina Advocates for Justice

2015 - 2016

ncaj.com

Vice President - Communications

North Carolina Advocates for Justice

2013 - 2015

Campbell University

J.D. (1992) | Juris Doctorate (JD) - Law School

1989 - 1992

Honors: Academic Scholarship. Book Award "Jurisprudence"

North Carolina State University

B.A. (1988) | Political Science

1985 - 1988

Order of Service

North Carolina Advocates for Justice

2017

While we have the “Ebbie Awards” which recognize members who go above and beyond in their commitment, dedica?on and service to NCAJ, the Order of Service is a broader recogni?on of members who have given generously of their ?me and talent to NCAJ by serving a minimum of two areas. These areas include amicus brief wri?ng, wri?ng manuscripts and speaking at CLE seminars, ac?vely serving on commi?ees, wri?ng ar?cles for Trial Briefs, chairing educa?onal programs, wri?ng for various NCAJ publica?on projects, chairing sec?ons or divisions, among other things. The goal of this recogni?on is to let those of you who give so much of your ?me know how much we appreciate you and to encourage others to join your ranks!

Order of Service

North Carolina Advocates for Justice

2016

Continuing Legal Education Co-Chair / Program Host NCSCCLE DWI/DUI Continuing Education

Order of Service

North Carolina Advocates for Justice

2015

Continuing Legal Education

Order of Service

North Carolina Advocates for Justice

2014

Ebbie Award

North Carolina Advocates for Justice

North Carolina Advocates for Justice

Immediate Past President

2017 - Current

DUIDLA DUI DEFENSE LAWYERS ASSOCIATION

Founding Member

2015 - Current

Activities: Continuing Legal Education

North Carolina Advocates for Justice

President

2016 - 2017

North Carolina Advocates for Justice

President Elect

2015 - 2016

Activities: Finance & Personnel, Chair Nominating & Awards Committee, Chair

North Carolina Advocates for Justice

Vice President - Communications

2013 - 2015

North Carolina DWI

Self Published

2017

North Carolina DWI

Self Published

2014

Trial Skills Workshops - Cross Examination, WINNING DUI TRIALS with a Little Southern Charm, Charleston, South Carolina

September 16, 2017

DUIDLA DUI DEFENSE LAWYERS ASSOCIATION

http://duidla.org/wp-content/uploads/2017/05/2017-Revised-Charleston-brochure.pdf

Courtroom Preparation & Defense Perspective - Standardized Field Sobriety Testing SFST - Law Enforcement, SFST Training - Cabarrus County Sheriff's Department, Cabarrus County Sheriff's Office

February 13, 2016

Cabarrus County Sheriff's Department

An Ethical Guide to Old School and New School Communication Skills, Mecklenburg County Bar - "Google for Practitioners", Charlotte, North Carolina

January 27, 2016

Mecklenburg County Bar

https://www.meckbar.org/UserFiles/files/alison/FinalFlyer012716.pdf

Breath Testing - Science Behind the Devices, DWI & DUI Advocacy - Masters of DWI, Myrtle Beach, South Carolina

September 17, 2015

North Carolina Advocates for Justice

https://www.ncaj.com/index.cfm?pg=events&evAction=showDetail&eid=25138&evSubAction=viewMonth&calmonth=201509

Attacking the Science in DWI Cases, 2015 UNC School of Government: Spring Public Defender and Investigator Conference, Greensboro, North Carolina

April 12, 2015

North Carolina School of Government

THE GIANTS SPEAK, NCAJ - Criminal Masters of Advocacy, Wilmington, North Carolina

June 15, 2013

North Carolina Advocates for Justice

https://www.ncaj.com/index.cfm?pg=events&evAction=showDetail&eid=11869&evSubAction=listAll

Controlled Drinking SFST Demonstration - DWI DUI Impaired Driving Emerging Topics & Legislative Efforts, NCSCCLE - Momentum, Myrtle Beach, South Carolina

September 27, 2012

NCSCCLE

Board Certified Criminal Law Specialist - "Criminal Trial Advocacy"

National Board of Legal Specialty Certification / National Board of Trial Advocacy (See: http://www.nblsc.us/criminal_law/)

Q. Almost 10 years ago(18 years old/first offense), I was charged with 2 felonies, did a plea deal for a misdemeanor-

6 February 2020

A: GREAT QUESTION The NC Criminal Laws have changed substantially over the last few years, giving some people the opportunity to clear their record. In North Carolina we call that an "expunction" or "expungement." There are limitations, expungements are not automatic in every case, and the filing of paperwork can be a bit complicated if not confusing. As such, we believe it helps to have an attorney prepare the materials and submit them for review pursuant to the local rules/procedures for the county (judicial district) in question. See: https://ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_15A/Article_5.pdf Article 5. Expunction of Records. § 15A-145. Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of certain other misdemeanors. (a) Whenever any person who has not previously been convicted of any felony, or misdemeanor other than a traffic violation, under the laws of the United States, the laws of this State or any other state, (i) pleads guilty to or is guilty of a misdemeanor other than a traffic violation, and the offense was committed before the person attained the age of 18 years, or (ii) pleads guilty to or is guilty of a misdemeanor possession of alcohol pursuant to G.S. 18B-302(b)(1), and the offense was committed before the person attained the age of 21 years, he may file a petition in the court of the county where he was convicted for expunction of the misdemeanor from his criminal record. The petition cannot be filed earlier than: (i) two years after the date of the conviction, or (ii) the completion of any period of probation, whichever occurs later, and the petition shall contain, but not be limited to, the following: (1) An affidavit by the petitioner that he has been of good behavior for the two-year period since the date of conviction of the misdemeanor in question and has not been convicted of any felony, or misdemeanor other than a traffic violation, under the laws of the United States or the laws of this State or any other state. (2) Verified affidavits of two persons who are not related to the petitioner or to each other by blood or marriage, that they know the character and reputation of the petitioner in the community in which he lives and that his character and reputation are good. (3) A statement that the petition is a motion in the cause in the case wherein the petitioner was convicted. (4) Repealed by Session Laws 2010-174, s. 2, effective October 1, 2010, and applicable to petitions for expunctions filed on or after that date. (4a) An application on a form approved by the Administrative Office of the Courts requesting and authorizing a name-based State and national criminal record check by the Department of Public Safety using any information required by the Administrative Office of the Courts to identify the individual and a search of the confidential record of expunctions maintained by the Administrative Office of the Courts. The application shall be filed with the clerk of superior court. The clerk of superior court shall forward the application to the Department of Public Safety and to the Administrative Office of the Courts, which shall conduct the searches and report their findings to the court. (5) An affidavit by the petitioner that no restitution orders or civil judgments representing amounts ordered for restitution entered against him are outstanding.

Q. My son was pulled over in FL & told his license was suspended. He contacted DMV because he had pd. for a ticket and take

29 January 2020

A: GREAT QUESTION North Carolina can be a bit of a stickler when it comes to "holds." Until cleared by NC DMV, one would assume the Interstate Compact would continue to cause problems with licensure. Most lawyers would want to know where the ticket was issued, what county, and whether the driver was ever licensed in North Carolina. That would help in tracking down the citation and determining the most appropriate manner in which to proceed. I agree with my friend A.B. Houser. Given the complexity of such matters, one should not simply "pay off" the citation without knowing the possible consequences for doing so. It also makes sense, given the amount of time that has expired, to figure out whether the State can prove the case. Put simply, a dismissal of charges, while never a sure thing, would be helpful. Thereafter there may be late fees, restoration fees, etc., associated with the entry of a 120 Failure to Appear and possible suspension/revocation in North Carolina. See: https://www.carolinaattorneys.com/license-restoration.html AND https://www.carolinaattorneys.com/license-suspension.html Best bet: Retain local counsel. Bill Powers Charlotte Traffic Ticket Lawyer / Criminal Defense CarolinaAttorneys.com

Q. My wife received a DWI conviction around 10 years ago. She drove on her restricted license for a year after conviction.

16 January 2020

A: GREAT QUESTION An Interlock may be required, irrespective of the passage of time. DMV in North Carolina tends to be a bit of a stickler on this point. The expiration of time often does not matter to them. The condition of an IID for a Conditional Restoration with DMV is technically different than a condition imposed by the Court to obtain a Limited Privilege. Frankly, that may not be the only other thing NCDMV requires. NCDMV may also refuse to restore if there are outstanding aspects of an unfulfilled criminal judgment. "Holds" as we call them in THE system, may also be related to proof of submission/completion of an Alcohol Assessment and Treatment, payment of court costs, fines, and community service fees. John Fanney in Raleigh is excellent. You may benefit from giving him a call: FanneyLaw.com Here's more info on the NC DWI Laws: https://www.carolinaattorneys.com/files/north-carolina-dwi-quick-reference-guide.pdf Great question. All the best! Bill Powers Charlotte DWI Lawyer

Q. If someone files a false police report what happens

11 January 2020

A: GREAT QUESTION There are both felony and misdemeanor "false police report" charges in North Carolina, see: https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-225.html § 14-225. False reports to law enforcement agencies or officers. (a) Except as provided in subsection (b) of this section, any person who shall willfully make or cause to be made to a law enforcement agency or officer any false, deliberately misleading or unfounded report, for the purpose of interfering with the operation of a law enforcement agency, or to hinder or obstruct any law enforcement officer in the performance of his duty, shall be guilty of a Class 2 misdemeanor. (b) A violation of subsection (a) of this section is punishable as a Class H felony if the false, deliberately misleading, or unfounded report relates to a law enforcement investigation involving the disappearance of a child as that term is defined in G.S. 14-318.5 or child victim of a Class A, B1, B2, or C felony offense. For purposes of this subsection, a child is any person who is less than 16 years of age. The inquiry appears to relate to a Class 2 Misdemeanor. At the same time, we have seen cases in the past the police report was filed for the purposes of insurance fraud, which may constitute a CLASS H FELONY. https://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_58/GS_58-2-161.pdf Any person who, with the intent to injure, defraud, or deceive an insurer or insurance claimant: (1) Presents or causes to be presented a written or oral statement, including computer-generated documents as part of, in support of, or in opposition to, a claim for payment or other benefit pursuant to an insurance policy, knowing that the statement contains false or misleading information concerning any fact or matter material to the claim, or (2) Assists, abets, solicits, or conspires with another person to prepare or make any written or oral statement that is intended to be presented to an insurer or insurance claimant in connection with, in support of, or in opposition to, a claim for payment or other benefit pursuant to an insurance policy, knowing G.S. 58-2-161 Page 2 that the statement contains false or misleading information concerning a fact or matter material to the claim is guilty of a Class H felony. Each claim shall be considered a separate count. Upon conviction, if the court imposes probation, the court may order the defendant to pay restitution as a condition of probation. In determination of the amount of restitution pursuant to G.S. 15A-1343(d), the reasonable costs and attorneys' fees incurred by the victim in the investigation of, and efforts to recover damages arising from, the claim, may be considered part of the damage caused by the defendant arising out of the offense. The NC Sentencing Chart indicates a maximum possible term of imprisonment of 39 months in prison. See: https://www.nccourts.gov/assets/documents/publications/FelonyChart_1013MaxChart.pdf?JOZLdcExFM1TmlzHLiPcH7dUcMjQ8Ls7 It's a really good idea to speak with legal counsel, as each case, like each client, is unique. Timing can be key in defending such matters. OTHER RESOURCES/INFORMATION: What are the Top 3 Things to do if Arrested: https://www.carolinaattorneys.com/what-are-the-top-3-things-to-do-if-arrested.html TIPS FOR HIRING A LAWYER: https://www.carolinaattorneys.com/tips-for-hiring-a-carolina-criminal-defense-lawyer-in-north-caro.html Best of luck to you! Bill Powers CarolinaAttorneys.com Bill@CarolinaAtorneys.com

Q. Can a sheriff cime to my home at 11 at night and write me a speeding ticket for something he says happen 2 days before

6 January 2020

A: GREAT QUESTION I am aware of no law in North Carolina that prevents an officer from issuing a ticket after-hours. It's frankly doesn't sound like a very safe/smart/nice thing to do. Most NC defense lawyers would want to more about that fact-pattern before deciding how to move forward. Also, the inquiry says, Traffic Tickets for North Carolina, but lists Simpsonville, SC. If it's a South Carolina citation, you'd clearly want to speak with a South Carolina traffic ticket lawyer. Great inquiry though! Bill Powers Charlotte Traffic Ticket Lawyer

Q. I got a speeding ticket when I am Travelling from NC to VA on driving speed 82 in 70 area i-85 brunswick county VA

12 November 2019

A: GREAT QUESTION 1. Yes, retain an attorney, especially if you're a North Carolina license-holder. If convicted and reported back to NC, that would result in a revocation/suspension. It also could include some pretty heft increased insurance premiums. SEE the Interstate Compact: http://apps.csg.org/ncic/Compact.aspx?id=56 North Carolina is a participating state. Virginia appears to be as well. The general rule at NCDMV is we generally give full-faith-and-credit on out of state tickets. If it had happened in North Carolina and would result in a revocation/suspension, that likely will apply to out of state tickets. EACH CASE IS DIFFERENT and the traffic laws in NC are notorious complex. Seek legal counsel immediately. Here's some general information about the NC TRAFFIC LAWS: https://www.carolinaattorneys.com/speeding-ticket-and-excessive-speeding-laws.html 2. While understandable, as most people clearly prefer to have charges dismissed, that is by no means a foregone conclusion. Lack of prior record, at least in North Carolina, isn't necessarily a legal basis for a dismissal. That doesn't mean one should not otherwise seek to limit, if not eliminate insurance and/or motor vehicle points if at all possible. 3. And as much as I respect Ms. Houser, I frankly disagree in this instance with the "go the cheapest" option. I believe with regard to legal services, like many other things in life, you get what you pay for. Bill Powers Charlotte Criminal Defense Lawyer / Traffic

Q. Can I open my son's estate if his wife won't

9 September 2019

A: THAT'S A REALLY GOOD QUESTION A lot depends on the nature and circumstances of why that hasn't yet happened. Parents MAY in certain circumstances be eligible to file the estate. It would be smart to find out if there is a will too. Estates can be a bit complicated. While most PI lawyers (accident lawyers) know how to set up an estate and negotiate claims involving Wrongful Death, most of us would first make sure there is "standing" to do that. That'll take a longer conversation than works online. Best bet is to talk to an attorney, get some information, and check out options. Many if not most PI lawyers give free consults, so it wouldn't cost anything to ask some basic questions. The Wilcox Law Firm in Morganton is excellent and they likely could give some more detailed/helpfull info on estates and filing. Thereafter, maybe talk to an experienced personal injury lawyer in North Carolina. http://willcoxlawfirmmorganton.com/ Sorry for your loss Bill Powers https://injury.carolinaattorneys.com/

Q. In ref the estate of a man who got many parking tickets over many years. Must the estate pay for very old tickets?

9 September 2019

A: GREAT QUESTION Actually, there is a process by which outstanding legal matters may be possibly dismissed. In fact, the statute says, the charges "must dismiss" the charges. See: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_15A/GS_15A-954.pdf § 15A-954. Motion to dismiss – Grounds applicable to all criminal pleadings; dismissal of proceedings upon death of defendant. (a) The court on motion of the defendant must dismiss the charges stated in a criminal pleading if it determines that: (b) Upon suggestion to the court that the defendant has died, the court upon determining that the defendant is dead must dismiss the charges. The estate may wish to retain legal counsel on behalf of the decedent and see if they could help. With proper proof, we've been able to help clear this up in short order. GREAT INQUIRY! Bill Powers North Carolina Criminal Defense Attorney CarolinaAttorneys.com Bill@CarolinaAttorneys.com

Q. A doctor contributed to my son's death by overprescribing Oxycodone. Can I post this on a public forum legally?

8 February 2019

A: First, my heart goes out to you. I can only imagine how difficult it must be to live with your loss. That being said, I think it would be better to speak with an attorney before posting something on a public forum and possibly subjecting yourself to civil claims for libel. Indeed, if the purpose is to protect others from the opioid epidemic and possibly the doctor herself or himself, there may be more effective private ways to proceed forward through the NC Medical Board. Given the sensitive nature of the subject and further considering Mt. Airy is still "small town NC," it might be better to speak with an attorney with the protection of confidentiality and attorney-client privilege. Again, deepest condolences in your loss. Bill Powers Charlotte Attorney