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A brief explanation of the United States Sentencing Commission's recent decision to make adopted guidelines amendments retroactive.

Some things to think about if you or a loved one are charged with a drug trafficking case with federal implications in North Carolina.

Explanation of 5 significant adopted amendments to the United States Sentencing Guidelines from a federal criminal defense attorney in the Eastern District of North Carolina.

Relevant Conduct is How the Feds Punish Criminal Conduct They Don't Have to Prove. This article provides the basics of relevant conduct for the uninitiated, courtesy of Eastern District of North Carolina federal criminal defense attorney Sean Cecil.

Choosing the right criminal defense lawyer is one of the most important decisions a person can make. Attorney Sean Cecil has experience defending state and federal crimes in North Carolina and offers free consultations.

Join my friends at Emancipate NC for a 4/20 seminar about the state's challenges in proving simple misdemeanor possession of "marijuana" charges.

Introduction to the Law Office of Sean P. Cecil, PLLC

Proposed new United States Sentencing Guidelines will apply significant changes in criminal justice policy embodied in the 2018 First Step Act, and offer increased opportunities for "safety valve" relief from harsh mandatory minimums and early release eligibility.

A target letter is a clear indication that the recipient is on the radar of federal prosecuting authorities, and should never be ignored.

Recent changes to the Wake County Courts' criminal pretrial release plan should lead to a reduction in the use of unfair cash bonds for defendants awaiting trial.

The Court of Appeals held that unscientific "training and experience" testimony regarding the identity of alleged marijuana was not reversible error under the "plain error" test used to examine admission of evidence when there is no objection.

With the legalization of hemp came the question of under what circumstances the odor or appearance of cannabis, indistinguishable from hemp, would form probable cause to search a vehicle, home, or person. A recent North Carolina Court of Appeals case provides a little guidance.

The Fourth Circuit recently ruled that evidence discovered in the backpack of a North Carolina criminal suspect must be suppressed because the warrantless search was not made lawful under any of the exceptions to the search warrant requirement.

An overview of the current controversy over North Carolina law enforcement recordings by a Wake County criminal defense lawyer.

A brief and incomplete guide to calculating the possible sentencing exposure for someone charged with felon in possession of a firearm in North Carolina state court.

The short answer to the question is "it may not matter."

A brief overview of the current scheduling situation in Wake County criminal courts, with information and links to help people find their court dates.

Cell phone searches are increasingly common, and incredibly intrusive. This brief article explores a recent 5th Circuit Court of Appeals decision ruling a search warrant for a cell phone was unconstitutionally broad because it did not limit the search to the type of data that would be responsive to the probable cause described the search warrant allowing the search.

Possession of a firearm by a convicted felon is illegal in North Carolina under both state and federal law. Depending on the defendant's criminal history and whether they are prosecuted in state or federal courts, the penalties can be extremely serious, and competent counsel should be retained.

Resist, Delay, or Obstruct charges in North Carolina can be frustrating to defend. Commonly known as "contempt of cop" charges, I have heard them accurately described as "no crime occurred until the police showed up." Having experienced legal counsel can positively affect the outcome of your case!

Uninsured or under insured motorist coverage may be available to people injured by someone else's bad driving, whether or not they were in a car at the time they were injured. It is important to talk to an experienced personal injury attorney to explore possible available insurance coverage.

It would be easy to assume that once a North Carolina criminal charge is dismissed there is nothing more to be done. However, even dismissed charges show up on background checks that have become routine in employment, housing, and other decisions. Some background checks might even show, for insta...

The Wake County Courts released a new memo today outlining the plan to reopen amid the Covid-19 pandemic. This article provides a brief overview of the basics of the plan, as well as a link to the memo.

A traffic stop based upon an anonymous tip must be supported by law enforcement observations that confirm its reliability. The North Carolina Court of Appeals recently ruled that DWI evidence discovered after a traffic stop based upon an anonymous tip must be suppressed because no such corroborating observations were made.

Pending legislation in North Carolina might help provide additional expanded opportunities for those who have been convicted or accused to remove that criminal history from court and other records.