In a civil case, court appearances can be handled almost exclusively by the attorneys. Whether you’re a defendant being sued, or a plaintiff doing the suing, the attorneys – with the consent of the parties – can make virtually all appearances without the actual parties being present. (Of course, attorneys need to get consent from…
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Category Archives: Raleigh Criminal Lawyer
What is an Appeal Bond?
Let’s talk about appeal bonds. In North Carolina, most misdemeanors first begin in District Court where, ultimately if the case is not dismissed, a verdict is rendered either by bench trial (by a judge) or a plea. Because North Carolina criminal District Court lacks a jury, and because the federal constitution guarantees a right to…
Protecting your Reputation
A criminal or traffic charge – whether by arrest/arrest warrant, criminal summons, or citation – creates a public record that is viewable by anyone, including friends, family, neighbors, employers, and potential employers. That record remains public until and unless it is ever expunged. Anyone can pay for a background search through either the court system,…
The Logic of the Innocent Client
Everyone deserves a vigorous defense. In many cases, a person has committed some kind of crime, has been arrested, and has, usually, made admissions or confessions. In such cases, the criminal lawyer’s job is to limit the damage, assess the evidence, and, along with the client, build a defense. Sometimes limiting the damage means making…
North Carolina Lawyer: Punishment Solicitation
Solicitation is generally the act of trying to encourage another to commit a crime, either on your behalf or for another purpose. In North Carolina, Solicitation is usually punished under structured sentencing with a sentence one class below the class of the crime.
For instance, if the crime itself is a Class C [...]
North Carolina Criminal Lawyer: The Crime of Suicide
Historically, suicide – if unsuccessful – was punishable as a crime. Actually, in Europe, a person who committed suicide could be “punished” by being denied a burial in a typical cemetery and by having at least some of his property go to the King.
At common law, in North Carolina, suicide remained a crime. [...]
North Carolina Criminal Lawyer: Violent Habitual Felon
North Carolina has a number of habitual offender statutes. I’ve written about the habitual felon statute. In addition, there’s a habitual violent felon statute.
This statute operates as a sentencing enhancement to violent felonies. If someone has been convicted of 1 previous violent felony, and is now facing a second violent felony charge, [...]
When the Prosecutor Controls the Calendar
There’s legal theory, and then there’s legal practice. The two are not the same. Not too long ago I sat through two classes on criminal procedure – your standard 4th, 5th and 6th amendment class on rights against illegal searches and to an attorney before trial and a class affectionately known as “Bail to Jail”…
North Carolina Criminal Lawyer: First Degree Murder
North Carolina has a very traditional conception of first degree murder. First degree murder was historically murder that required malice aforethought and premeditation, that was evidenced by poisoning, lying in wait etc.
In addition, First Degree Murder can be proved if someone, in the course of committing another violent felony – such as robbery or [...]
North Carolina Criminal Lawyer: Sexual Battery
Sexual Battery is one of the harshest misdemeanors on the books in North Carolina. It involves sexual contact done for the purpose of sexual arousal or sexual gratification. The reason why it’s so harsh is because the defendant, if convicted, will need to register as a sex offender.
Here’s the statute:
ยง 14-27.5A. Sexual battery.
(a) [...]
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