Battaglia Traffic & Law Center

  • Phone:919-794-8339
  • Fax:919-688-4335
  • Email Us
120 E. Parrish Street, Suite 210 Durham NC 27701 U.S.A. View Map

Criminal Law

BURGLARY OF A MOTOR VEHICLE
A person commits the offense of burglary of a motor vehicle when he or she breaks or enters into a motor vehicle, or any part thereof, without the consent of the owner and with the intent to commit a felony or a theft. More...
CONDUCT & CAUSATION
A defendant's conduct does not constitute a criminal offense unless the conduct is prohibited by a statute, a municipal ordinance, or a rule. The word "conduct" means an act or a failure to act. The word "conduct" also includes the defendant's mental state. The word "act" is defined as a voluntary movement of the defendant's body. The word "act" includes speech. More...
CONTEMPT
Contempt is defined as conduct that obstructs or tends to obstruct the proper administration of justice. Contempt also includes an act that constitutes disrespectful conduct towards a court. In order to constitute contempt, the act itself must be disrespectful. A person's intent or purpose is not relevant. The fact that the conduct may be irritating to the court does not constitute contempt. More...
SEARCH & SEIZURE - SCHOOL SEARCHES
The protection of the Fourth Amendment of the United States against unreasonable searches and seizures did not traditionally apply to searches of students in schools because school officials are not law enforcement officials and because they are given permission to act on behalf of the students' parents while the students are in school. The law in this area changed in 1985 when the United States Supreme Court held that school officials act as representatives of a state when they conduct searches and that the Fourth Amendment applies to searches by the school officials on school property. More...
JURISDICTION OVER OFFENSES THAT ARE COMMITTED ON NATIVE AMERICAN RESERVATIONS
When a criminal offense is committed in "Indian Country," jurisdiction over the offense may be assumed by either the federal government, by a state, or by a tribal court. The entity that will assume jurisdiction over the offense depends upon the nature of the offense, whether any jurisdiction has been conferred on a state, and whether the perpetrator or the victim of the offense is a Native American. More...

Areas of Practice

  • Criminal Law
  • Driving While Intoxicated
  • Drug Crimes
  • Traffic Violations
  • White Collar Crimes
More

Newsletters

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Battaglia Traffic & Law Center website is powered by LexisNexis® Martindale-Hubbell®. || Sitemap