John McWilliam, PLLC

05/14/2023

Congrats to the Rattlesnakes High School Boys - the Tier 2 High School Boys CHAMPIONS!!!! 🙌 🐍 🏉 🎉 ❤️ 🖤 🤍

11/29/2022

🇺🇸🇺🇸🇺🇸🇺🇸

10/04/2022

My two websites.

www.TheRaleighDWILawyer.com
www. TheRaleighCriminalLawyer.com

Raleigh DWI Lawyer – Being charged with a DWI can be one of the most frightening experiences of your life.

07/04/2019

IS IT W**D OR IS IT H**P?

If you are charged with any ma*****na charge - from simple possession to trafficking - do not admit to anyone that the substance is ma*****na.

The State has acknowledged that it is impossible to distinguish between legal h**p and illegal ma*****na. The State has the burden of proving beyond a reasonable doubt that the substance is ma*****na; you do not have any burden of proving that the substance is not ma*****na.

So say nothing if someone accuses you of possessing ma*****na.

The North Carolina legislature is trying to criminalize h**p/CBD so that people who benefit from the healing qualities of h**p/CBD will become criminals. Contact your representatives and instruct them to vote against this legislation. And while you’re at it, instruct them to de-criminalize ma*****na.

Article 1, Section 12 of the North Carolina Constitution guarantees us the right to instruct our representatives. Let’s exercise that right.

06/16/2019

Refreshed after a week at the beach. Ready to get back to fighting for democracy, equality and liberty!

11/28/2018

I’m about to order 300 more pocket Constitutions. Come by my office at 5 West Hargett Street, Suite 208 for your free United States Constitution.

08/02/2018

In North Carolina, the general public doesn’t get to put amendments on the ballot through ballot initiatives but the public does get to…

10/13/2017

NON-STATUTORY AGGRAVATING FACTORS AND DOUBLE JEOPARDY NON-STATUTORY AGGRAVATING FACTORS AND DOUBLE JEOPARDY (THANKS TO THE LATE ANTONIN SCALIA FOR ACTUALLY PENNING SOME DECISIONS THAT WERE CORRECT. R.I.P., I GUESS.) The following is based on actual events. Any resemblance to real persons, living or…

07/31/2017

James Duane says you shouldn't say anything to a cop for any reason, you shouldn't plead the Fifth, and you shouldn't stay silent. So what should you do?

07/18/2017

“The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated …” (Fourth Amendment to the U…

06/30/2017

Happy Fourth of July. The cops will be out in force this weekend as well as on 7/4 itself. Please don't drink and drive; it's not worth it; it's a danger to yourself and others; and I'm very expensive.

A few things to remember:

If you see a checkpoint, you do not have to go through it. Go the opposite way; legally avoid it by doing a u-turn; or turn onto some other road, or legally park and start walking away. The cops might chase you down anyway, but your argument in court is strengthened if the evidence is that you were stopped because you were avoiding a checkpoint.

You do not have to perform any of the tests that the cops want you to take in your car or on the side of the road. Do not take any tests, answer any questions or blow into anything on the side of the road.

If you are arrested, taken somewhere to blow into a proper, type-writer-looking breath testing machine, and you refuse this test, your license will be suspended for one year. And they might draw your blood. I can't give blanket advice on whether to blow into this machine; everyone's situation is different. For example, if your license is revoked anyway, you might want to refuse and hope they don't draw your blood.

When you're asked if you want to get a witness to view the breath testing procedure, say yes and try calling people to come and be your witness. Whether anyone comes or not, you'll buy yourself an extra half hour, and if your right is violated, you might have an argument somewhere.

Don't agree to answer any questions.

If the magistrate doesn't release you on your written promise to appear, you will be given a piece of paper on which you can write the names and numbers of people you'd like to be able to see you in jail. Fill this list out, even if you can't remember their telephone numbers.

If you're charged with a DWI, contact me ASAP.

05/26/2017

As a federal prosecutor and judge, we saw that these policies do not work.