A truly excellent article in the Economist about the relative value of the Norwegian and American criminal justice systems: Nothing can be done to bring Mr Breivik’s victims back to life. The most compelling, non-mystical case for vengeance is that it offers some consolation to those wracked by desolation and fury at the murder of…
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So you’ve been out for the evening and had a couple of drinks. You’re on your way home, when all of the sudden you see those blue lights in the rear-view mirror. What do you do? If you’re reading this the day (or week) after being charged with a DWIA DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail. is a Driving While…
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I have had clients accused of possessing synthetic drugs – known, alternatively as plant food, Spice, K-2, incense, and bath salts. One was disciplined by a military court which, before North Carolina enacted its new law, imposed punishments for possession of Spice, a kind of fake marijuana. Now North Carolina has gotten into the act,…
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Intimidating a witness interferes with the judicial process, which is designed to get get at the truth. Until this year, North Carolina punished Witness Tampering as a Class H felony. This year, North Carolina’s General Assembly decided that that punishment was not enough, and has now raised the punishment to a Class G Felony.
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I’ve written elsewhere about Laura’s Law, which increases punishments or costs for all DWIs, and particularly is aimed a repeat DWIA DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail. is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail. is used. In other states, the terms DUI or OUI may be…
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North Carolina has a budget deficit of… billions? So why, in an age of scarce resources and limited budgets, does the State continue to insist on punishing people for Driving While License Revoked with jail time, eating up court time, imposing costs on judges, prosecutors, police, and, let’s not forget, citizens. The DWLR, one might…
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I’ve spent hundreds – maybe thousands – of hours in jail. I’m a criminal defense lawyer. On any given day, I may be in jail interviewing a client, or appearing in a jail courtroom, or trying to free someone. It’s what I do. Most people have never been in jail. Thankfully. Jail is, after all,…
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North Carolina has a Habitual Felon Law (a.k.a a Three-Strikes law). This law enhances penalties for someone who has been convictedA convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.
An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.
An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. is a formal finding by a court – either following a trial by a judge or juryA jury may be either a grand jury or a petit jury. A grand jury is a jury that determines whether there is probable cause to believe the defendant committed a crime. The result is an indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury. that sends the case into Superior Court, perhaps for a jury trial.
A petit jury or simply a jury is the jury of 12 people who have been selected to hear and render a verdict in a case. or following the entry of a pleaA pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.
An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.
An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. agreementA pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.
An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.
An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. agreement is usually a negotiated agreement…
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One of the unending frustrations of a criminal lawyer is watching his clients’ reputations being smeared in the media, among the clients’ friends or family, and with the clients’ employer. Unfortunately in our society, when someone is arrested, charged, or indicted, people assume there must be some reason for the charge. This is a natural…
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Bill SB187 was passed by the Senate in April and now currently resides in the House. This bill would outlaw the use of red light cameras anywhere in North Carolina. Currently, there are only 20 cities or town in the State that still use them; locally that includes Cary, Knightdale and Raleigh. Offered up as…
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