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
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• 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. Will the death penalty be abolished in Raleigh NC soon? If so when?

11 December 2018

A: The last person executed in North Carolina was Samuel Flippen, put to death Aug. 18, 2006, for the murder. It's possible Flippen forever will remain the last person executed in North Carolina. Capital punishment in North Carolina, while it remains on the books, is rarely enforced. Given the present structure of the NC General Assembly, it would be surprising to see any change in NC Criminal Laws abolishing the death penalty in North Carolina. Bill Powers Criminal Defense Attorney NC

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

29 November 2018

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

Q. Is there any kind of break for someone if they get a DUI, but they need to drive to make any kind of income?

31 October 2018

A: GOOD QUESTION There isn't really a sense of "equitable relief" based on financial circumstances (and the need to work), at least regarding the ability to drive. Put simply, one is either eligible under the NC DWI laws or not eligible. A LOT depends on the nature and circumstances of the DWI arrest. Specifically, defense lawyers would want more information about the reading on the EC/IR II (or blood results), whether there was a Willful Refusal, whether there is a prior DWI conviction, and whether there was a valid license or suspension based on a prior DWI. For sentencing, check out the back of the NC DWI Quick Reference Guide: https://www.slideshare.net/BillPowers3/2017-nc-dwi-quick-reference-guide-75442669 For more general information about the system, see: https://www.carolinaattorneys.com/north-carolina-dwi-guide.html Best bet is to retain legal counsel. Cole Williams in Durham is excellent. He's also a close friend and a super nice guy. You may wish to give him a call: (919) 688-2647 Please say hello if you speak to him. Good luck! Bill Powers Charlotte DWI Defense Attorney

Q. I'm on probation for 2 felonies and 3 misdemeanors..I just caught another felony charge of same crime, what happens?

26 September 2018

A: That's serious stuff. More information would be helpful, especially regarding the type of felony charges in North Carolina. . .and whether the charges are in North Carolina. The inquiry is from Georgia. Here are two quick points: 1. The allegations of new NC criminal charges may be enough to REVOKE the first case or cases of probation; and, 2. Given the prior criminal history and the associated Prior Record Level PRL points and the fact that the offense took place while on probation, if convicted of the new felony charges, the possibility of an active prison term is a very real possibility if not a likelihood. It's time to retain legal representation. Bill Powers Criminal Defense Lawyer Charlotte NC

Q. I am on felony probation I got a dwlr yesterday will that violate my probation

14 September 2018

A: It could. DWLR is a misdemeanor criminal offense. An experienced defense lawyer would want to find out the basis of the license suspension and terms of the Supervised Probation. Given the complexity of such matters, best bet would be to retain legal counsel ASAP. Rob Denton is up in that part of NC. You may want to give him a ring: (828) 437-4220 Byrd, Byrd, McMahon & Denton P.A. 124 West Union St., PO Box 1269 Morganton, NC 28680 Please tell him, "Bill Powers says hey" if you call. Bill Powers Criminal Defense Lawyer Charlotte NC

Q. Is there a statute of limitations on dwi in NC?

10 September 2018

A: No. The NC Supreme Court JUST ruled on that legal issue. Despite what many legal scholars consider to be the clear language of the N.C.G.S., the Supreme Court found the North Carolina General Assembly could never have intended an end result and dismissal of charges for the State's failure to comport with the law(s), writing: "We conclude that other valid criminal pleadings listed in NCGS 15A-921, including the citation issued to defendant in this case, toll the section 15-1 statute of limitations." Chapter 15 - Criminal Procedure / Article 1 - General Provisions. § 15-1. Statute of limitations for misdemeanors. The crimes of deceit and malicious mischief, and the crime of petit larceny where the value of the property does not exceed five dollars ($5.00), and all misdemeanors except malicious misdemeanors, shall be charged within two years after the commission of the same, and not afterwards: Provided, that if any pleading shall be defective, so that no judgment can be given thereon, another prosecution may be instituted for the same offense, within one year after the first shall have been abandoned by the State. § 15A-921. Pleadings in criminal cases. Subject to the provisions of this Article, the following may serve as pleadings of the State in criminal cases: (1) Citation. (2) Criminal Summons. (3) Warrant for arrest. (4) Magistrate's order pursuant to G.S. 15A-511 after arrest without warrant. (5) Statement of charges. (6) Information. (7) Indictment The Supreme Court found, regarding the language in the statute, "[W]hen a literal interpretation of the language in a statute will lead to absurd results. . .the strict letter thereof shall be disregarded." Per the NC Supreme Court, the law requiring an indictment, and the State's failure to obtain the same in a timely fashion, would result in an "absurd result," to wit: Dismissal of DWI charges. As such, the North Carolina Supreme Court both set aside the ruling of the Court of Appeals and found the Uniform Citation sufficient to toll the Statute of Limitations, thus creating new law and finding a traffic ticket is AOK instead of an indictment. SEE: https://law.justia.com/cases/north-carolina/supreme-court/2018/441pa16.html Bill Powers North Carolina DWI Defense Co-Author of the NC DWI Quick Reference Guide SEE: https://www.carolinaattorneys.com/files/powlandspiralqrgrev1-4-18lr.pdf

Q. Prayer for Judgement ?

29 August 2018

A: GREAT QUESTION How Should I Handle My Traffic Ticket? Should I go to Driving School? What is an PJC? What does Continued Judgment mean? What are Insurance Points? What are Motor Vehicle Points? What is the difference? Should I retain a lawyer? Consider the Following: It Can Get Complicated There are multiple factors to consider It is important to carefully review the driving history & convictions (MVR) A Prayer for Judgment is NOT a dismissal Prior attendance of Driving School may limit options Insurance Policy & Household driving histories should be considered There is a difference between Moving and “Non-Moving” Violations Many Attorneys Offer an initial Confidential Consultation, Free of Charge NC Traffic lawyers want to know how many charges there are on the new case, meaning we seek to determine if there is more than one ticket, more than one violation or more than one charge associated with a single stop. We also want to know if there are multiple stops or allegations of separate, distinct traffic tickets that took place on different dates. Defense attorneys will also want to know about the prior driver, wreck/accident history, whether you received a ticket or not. For example, we want to know about wrecks, even a ticket or citation was not issued for something like “unsafe movement” or “failure to reduce speed to avoid a collision.” A Prayer for Judgment in North Carolina (PJC) is a valuable thing indeed. Experienced NC Traffic lawyers would want more information before recommending using the PJC, as other, better legal options may be available. There can be a difference in the points as it applies to insurance premium increases and the DMV point system. There are actually two “point” systems: DMV or Driver’s License Points and Insurance Points. Although related, there are important distinctions. The costs can add up pretty quickly, which may include the Costs of Court and Fines that are separate from possibly increased insurance premiums. Certain violations may carry motor vehicle points; while at the same time, insurance points under North Carolina General Statutes would not be allowed considering the driving record, lack of prior moving violations and/or insurance claims under the North Carolina Carolina SDIP Safe Driving Incentive Program for the underlying offense. (Again, it can be complicated.) It becomes even more intricate if you’ve had some other moving violation(s) or even an insurance claim for an “at fault” wreck that results in payments made pursuant to a claim over a certain monetary value. All the best! Bill Powers Charlotte Traffic Law Attorney

Q. In north carolina can i drive my car with no bumper. All lights work and are intact

26 August 2018

A: GREAT QUESTION You've stumped this lawyer. North Carolina seems to focus on safety equipment such as lighting, brake lights, windshield wipers (if it's raining), etc. If a bumper wasn't properly affixed/attached and/or about to fall off, law enforcement likely could conduct a stop. Chapter 20 does not specifically mention the requirement of a bumper, at least as far as I can tell. If someone knows of a General Statute requiring a bumper, please speak up. See: https://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_20/GS_20-129.pdf A Safety Inspection in NC mentions wheels, tires, sounding horn, lights, emissions, etc. Again, no mention of bumpers: § 20-183.3. Scope of safety inspection and emissions inspection. (a) Safety. - A safety inspection of a motor vehicle consists of an inspection of the following equipment to determine if the vehicle has the equipment required by Part 9 of Article 3 of this Chapter and if the equipment is in a safe operating condition: (1) Brakes, as required by G.S. 20-124. (2) Lights, as required by G.S. 20-129 or G.S. 20-129.1. (3) Horn, as required by G.S. 20-125(a). (4) Steering mechanism, as required by G.S. 20-123.1. (5) Windows and windshield wipers, as required by G.S. 20-127. To determine if a vehicle window meets the window tinting restrictions, a safety inspection mechanic must first determine, based on use of an automotive film check card or knowledge of window tinting techniques, if after-factory tint has been applied to the window. If after-factory tint has been applied, the mechanic must use a light meter approved by the Commissioner to determine if the window meets the window tinting restrictions. (6) Directional signals, as required by G.S. 20-125.1. (7) Tires, as required by G.S. 20-122.1. (8) Mirrors, as required by G.S. 20-126. (9) Exhaust system and emissions control devices, as required by G.S. 20-128. For a vehicle that is subject to an emissions inspection in addition to a safety inspection, a visual inspection of the vehicle's emissions control devices is included in the emissions inspection rather than the safety inspection. https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-183.3.html Again, great question! Bill Powers Criminal Defense Lawyer Charlotte NC

Q. can I contact the court

24 August 2018

A: GREAT QUESTION Call that lawyer up and get the file re-activated. They're in the best position to know what happened. It's possible (although a bit unusual) the matter was handled by waiver, but things like Community Service, Fines, Costs of Court, etc., were never paid. If a Waiver of Appearance was allowed, one would assume that would have been for a guilty plea. Either way, call up that lawyer. All the best! Bill Powers DWI Lawyer Charlotte NC