North Carolina Law Blog

The Fort Bragg soldier, Bryan Scott Wolfinger, who is charged with misdemeanor going armed to the terror of the public, is being represented by Attorney David Courie.  Wolfinger, who set off a wave of panic and caused a lockdown at Cross Creek Mall on July 2nd, has cooperated with police.

“I want the very best outcome for him I can possibly get,” Courie said. “He’s a good young man, appears to be a good young soldier and he’s continued to cooperate. I hope that whatever disposition we reach is one that does not take him off track.”

His case was continued and a new date has not been set.

Satisky pleads no contest in shooting – Fayetteville Observer_ Local News

See article on Fayetteville Observer here

New Laws Could Boost Cumberland’s Low DWI Conviction Rate __ WRAL

See article on WRAL here.

Article featured in the Fayetteville Observer, written by Hal Broadfoot, attorney in Fayetteville NC.

David Courie texted me the other day to ask if I had seen the vultures atop the Woodrow Street Park water tower. I had. At least a hundred of these birds rest there day and night.

Later, when I saw him at work, David and I talked more about the vultures. What exactly are they? Why are they here? Why are they attracted to the tower? This didn’t happen when we were younger, did it? Several people have asked me similar questions about congregations of vultures on this and other towers around the region, so I’ll take advantage of this forum to discuss the phenomenon.

Was My Stop Legal?

In the field of criminal defense, the most pivotal factor of a case is often whether the defendant’s interaction with law enforcement amounts to an illegal seizure. In plain terms, did the law enforcement officer have a right to stop the person he ultimately charged? This question arises in the evaluation of cases ranging from Driving While Impaired to Drug Trafficking and the answer can often mean the difference between a guilty verdict and the complete dismissal of charges.

In evaluating whether a person’s seizure was legal under the law, the answer usually centers on the elusive legal notion of reasonable suspicion. Assuming a stop occurred, the question becomes did the law enforcement officer have reasonable suspicion to stop the defendant? The United States Supreme Court decided many years ago in the case of Terry v. Ohio, 392 U.S. 1, 30 (1968), that a law enforcement officer may conduct an investigative stop of a person when the officer “observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot.” In other words, can the officer articulate, from his own perspective and experience, factors which lead him to believe criminal activity was occurring? This seemingly straightforward question has become a highly debated issue since the Supreme Court’s ruling in 1968 leading to a massive index of case law which creates the framework for today’s legal analysis.

At Beaver Courie Law Firm in Fayetteville NC we want you to stay informed!

Here are some recent legal updates:

Effective August 1, 2013, the Senate passed a bill which will increase the jurisdictional amount (amount in controversy) in the General Court of Justice from five thousand dollars ($5,000) to ten thousand dollars ($10,000).  This means civil causes of action which allege damages in an amount less than ten thousand dollars  ($10,000) will be heard in Small Claims Court.   The new law also makes arbitration mandatory in certain civil case.  If you are interested in additional information on this subject, Senate Bill 452/Session Law 2013-159 is available on the North Carolina General Assembly’s website.

We are excited to announce that our law firm in Fayetteville NC has won the following awards! 

Named to “The National Trial Lawyers, Top 100 Trial Lawyers”:

H. Gerald Beaver