The criminal and traffic law process is a confusing, stressful, and sometimes scary process. Even if you or a loved one have been involved with the criminal process in the past, you may have seen just one aspect of it.
Each state has its own criminal and traffic laws. Just because you or a loved one was involved in case in another state, does not mean you understand the way criminal or traffic cases are handled in North Carolina. In most cases, it is recommended that you obtain the help of a criminal lawyer. A criminal lawyer knows how to protect your rights, negotiate with the District AttorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr.
A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload., and protect you from further criminal charges. If you have any questions, a phone consultation is free at (919) 352-9411.
1. I don’t believe my case is very serious. Should I seek the advice of an attorney?
If you have not yet spoken to an attorney, only you can decide whether your case is serious enough to call an attorney. But even a minor misdemeanor or traffic 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. can have life-changing consequences.
Your ability to keep a job or find a new employment may be affected. Your ability to obtain new credit or loans, apply for any jobs that involve security or law enforcement functions, obtain state licenses – driving, contractor, or professional licenses – may be affected by a criminal record, however minor.
Even if the district attorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr.
A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. has told you that he will recommend a sentence that does not involve any jail time, in exchange for your 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. to a misdemeanor 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., you should still seek the advice of an attorney.
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. is a 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., and may become a permanent part of your record. Even if you move out of state, that record follows you.
Consult with an attorney free at (919) 352-9411.
2. I’ve watched Law & Order. I’m a smart person. I think I know how this stuff works. And I don’t have a lot of money right now to hire an attorney. Should I hire an attorney?
You’ve probably also watched ER and House, but you would never think of doing your own medical exam or open heart surgery. Even simple traffic and misdemeanor cases involve complex rules and significant consequences.
Seek the advice of lawyer as early in the process as possible. Doing so can make the difference in your case.
3. I’m embarrassed, ashamed, angry, confused, and worried for myself and my family. I have not been entirely truthful with my wife, husband, parents, children, friends, police, or minister. What should I do?
Those feelings are natural and understandable. The criminal or traffic process is an embarrassing, shaming, confusing, and even angering process. People caught up in the process are usually not at the “top of their games.” They have already been questioned by police, or by a spouse, about the events in question. And they may not have been completely truthful because of fear, shame, anger, or forgetfulness.
In addition, they have done things that, while not criminal, are embarrassing. They may not want to admit those things to the police or to loved ones.
The advice of a lawyer can be very helpful in determining how to proceed. A lawyer has “heard it all.” That’s not to say your case isn’t unique or important. But a good lawyer will not judge you. A good lawyer will give you his advice, based on his experience and training, about how best to proceed.
Most of all, a lawyer is required to keep your conversations with him confidential.
A lawyer is not your spouse, and not your minister. A lawyer is a professional who has a job to do: make sure you face as little criminal (or civil) liability as possible, while achieving as good a result for you as possible.
Call for a free consultation at (919) 352-9411.
4. My husband, wife, son, daughter, parent, daughter has been questioned by police or arrested. What should I do?
Speak to a lawyer. Even if you don’t know all the facts of the matter, getting a lawyer to represent your loved one or friend can be essential to his or her defense.
Ultimately, your loved one or friend will decide whether to accept the services
5. In general, how does the criminal process work?
In general, the criminal process begins with an arrest, includes either a charge or, for more serious allegations, 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.. It ends with either a dismissalA dismissal may occur upon a motion by a party, or by the prosecutor. A voluntary dismissal is a true dismissal where the charges are no longer pending.
A dismissal with leave, also known as a VLA dismissal may occur upon a motion by a party, or by the prosecutor. A voluntary dismissal is a true dismissal where the charges are no longer pending.
A dismissal with leave, also known as a VL, is a method of the prosecutor places the case into a holding pattern, usually because the defendant has failed to come to court on an assigned court date., is a method of the prosecutor places the case into a holding pattern, usually because the defendant has failed to come to court on an assigned court date., acquittal, or 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., by 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. or after a trial. While every case is presumed to be “headed for trial” the truth is that only a very small percentage of cases every reach the kind of trials you may have seen on television. Still, you should look for an attorney who will assume your case is headed to trial. Those attorneys merely looking to get rid of your case in 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. agreement may not be zealously protecting your interests.
According to government statistics, roughly 95 percent of trials end with a dismissalA dismissal may occur upon a motion by a party, or by the prosecutor. A voluntary dismissal is a true dismissal where the charges are no longer pending.
A dismissal with leave, also known as a VLA dismissal may occur upon a motion by a party, or by the prosecutor. A voluntary dismissal is a true dismissal where the charges are no longer pending.
A dismissal with leave, also known as a VL, is a method of the prosecutor places the case into a holding pattern, usually because the defendant has failed to come to court on an assigned court date., is a method of the prosecutor places the case into a holding pattern, usually because the defendant has failed to come to court on an assigned court date. of charges or 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. 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., and are never heard by a 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.. So 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. may very well be the best option to take, but your attorney should never assume so from the start.
6. Who prosecutes cases in North Carolina?
In the state of North Carolina, cases are prosecuted by District Attorneys. District Attorneys are elected by voters every four years to carry out criminal prosecutions within that jurisdiction. Wake County, for instance, is in the 10th Judicial District. Its current District AttorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr.
A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. is Colon WilloughbyColon Willoughby, Jr. is the elected District AttorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr.
A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. of Wake County. He is a Democrat elected by the citizens of Wake County.. Durham County is in the 14th Judicial District. Its current District AttorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr.
A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. is Tracey Cline. Chatham and Orange Counties are combined in the 15B Judicial District. Its current District AttorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr.
A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. is Jim Woodall.
Because District Attorneys handle hundred or thousands of cases each year, they hire assistant district attorneys who handle individual cases. Wake County, for instance, has more than 40 assistant district attorneys, each of whom is responsible for dozens of cases at a time. Assistant district attorneys work at the pleasure of the elected district attorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr.
A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload..
Most criminal cases are state cases handled in state courts. Each county in North Carolina has its own courthouse, although some counties, such as Orange and Chatham, are combined into single judicial districts.
Federal cases are handled in federal courts, and are prosecuted by United States Attorneys and their assistants. U.S. Attorneys are appointed by the president. North Carolina is split into the Eastern and Western Districts, with Raleigh and surrounding counties in the Eastern District.
7. What is an arrest?
An arrest is a physical detention by the police. The police may arrest you if they believe they have probable causeProbable cause is the standard of proof that justifies the arrest (or 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.) of an individual. In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed. to believe that you have committed a crime. An arrest may occur at the time of the alleged event, or after. An arrest may occur subject to an arrest warrant – issued by a judge or magistrate – or, in certain circumstances, without an arrest warrant.
8. What happens if I am arrested?
If you are arrested, a police officer will usually bring you to the police station, sometimes to be interviewed by a detective. If a police officer or detective wishes to talk to you and you are in custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest. or have been arrested, the police officer is required to advise you of your Miranda rights, described below.
The police may decide simply to arrest you and hold you in custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest.. If the police have decided to hold you in custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest., you will be processed by the City-County Bureau of Investigation (CCBICCBI is Wake County's local crime lab. Housed in the Public Safety Center, it provides fingerprinting services, as well as support in crime scene investigations to law enforcement agencies in Wake County.), who will fingerprint and photograph you. In addition to checking your criminal history, police will check to see whether there are any other outstanding warrants for your arrest.
If police decide to hold you in custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest., at some point you will be transferred to your county’s jail. In Wake County, individuals are processed and held at the Wake County Public Safety CenterThe Public Safety Center is the downtown jail operated by the Wake County Sheriff's Office at 330 South Salisbury Street in Raleigh. The PSCThe Public Safety Center is the downtown jail operated by the Wake County Sheriff's Office at 330 South Salisbury Street in Raleigh. The PSC currently houses CCBICCBI is Wake County's local crime lab. Housed in the Public Safety Center, it provides fingerprinting services, as well as support in crime scene investigations to law enforcement agencies in Wake County., magistrates, as well as the Sheriff's Offices and the Intox EC/IR II room where 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. suspects are usually brought for testing. currently houses CCBICCBI is Wake County's local crime lab. Housed in the Public Safety Center, it provides fingerprinting services, as well as support in crime scene investigations to law enforcement agencies in Wake County., magistrates, as well as the Sheriff's Offices and the Intox EC/IR II room where 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. suspects are usually brought for testing. at 330 S. Salisbury Street in Raleigh, behind the courthouse.
9. What rights do I have if I am in police custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest. or arrested?
If you have been placed under arrest, police must advise you of your rights and receive your “waiver” of your Miranda rights before the police can interview you.
Your rights include the right to remain silent. You will also be informed that you have the right to talk to an attorney prior to questioning and that you have the right to have an attorney present during questioning. You will also be informed that an attorney will be provided to you at the government’s expense if you are unable to afford one.
10. What if I waive my rights?
If you agree to talk to police after waiving your rights, you have acknowledged that you are agreeing to talk to police without the advice and presence of an attorney.
It is almost never wise to talk to police without the advice and presence of an attorney, if you are in custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest. or a potential suspect in a police investigation.
Sometimes police may ask suspects to sign a written document called a “Waiver of Rights.” That document is just a formality. Even if you decide not to sign the document, you may still have waived your rights if you agreed verbally to talk to police without an attorney present.
11. Should I talk to other people about my arrest or the events surrounding my arrest?
The short answer is: No. While you may want to “get your side of the story out,” now is not the time.
The phones in and out of the jail are taped. Mail is monitored. And other people in the jail may be anxious to cut a “deal” with prosecutors. In exchange for telling prosecutors what you may have told them.
In fact, if police know that you have told other people about the circumstances leading to your arrest, police or prosecutors may force others to reveal what you have told.
The only person you should talk to about the facts surrounding your case and arrest is your attorney.
12. Police officers have promised me that they will… if I cooperate with them and don’t ask for a lawyer.
Police are under no obligation to be honest with you about why they want to talk to you. The Supreme Court of the United States has ruled that police have the right to lie to people they are interviewing.
In addition, police may make promises, or appear to make promises, in exchange for your cooperationA defendant may reduce penalties or avoid 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. altogether by providing authorities with information related to criminal activity. Substantial assistance is a common feature of drug cases. Substantial assistance should only be given with the advice of a defense lawyer, since cooperation given without a defense lawyer's input may not be honored by police or prosecutors when the case is resolved.. They are not required to keep those promises.
It is always best to have an attorney present when negotiating with the police or a district attorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr.
A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. about the outcome of your case.
13. Does this mean I should never talk to police?
You should avoid talking to police if talking to police means that you risk greater chance of being arrested or charged with a crime yourself.
But if you are merely an innocent witness and had no involvement in the events whatsoever – perhaps you were just walking down the street and saw something happen – then there may be no harm at all.
14. The police officer was aggressive, mean, rude, or unfriendly to me. What should I do?
You should always be polite and courteous. Interacting with police can be stressful. Police officers have difficult jobs. And police officers are human beings who have good days and bad days. Being courteous can make life easier for the police officer, and for you.
Being courteous, however, does not mean you should give up your rights. If you don’t want to talk to a police officer, you should politely tell the police officer that you wish to leave and go on your way.
If the police officer orders you not to leave, then you should not say anything further. If the police officer holds you in custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest., you should request a lawyer.
15. My spouse, child, friend has been arrested and is custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest.. What is the procedure?
After being fingerprinted and “booked” by the police, the police may decide to hold a suspect in custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest. if they believe they have probable causeProbable cause is the standard of proof that justifies the arrest (or 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.) of an individual. In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed. that the suspect has committed a crime.
“Probable causeProbable cause is the standard of proof that justifies the arrest (or 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.) of an individual. In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed.” does not mean that the person has committed a crime or done anything wrong at all. Many people are held in North Carolina jails each year who have never committed a crime. “Probable causeProbable cause is the standard of proof that justifies the arrest (or 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.) of an individual. In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed.” merely means that the police have “enough” evidence, however weak, to hold the suspect in custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest. in jail.
Within a short period of time – usually no longer than 48 hours – the police must bring the suspect – you, your loved one, or a friend – before a judge for a hearing.
In North Carolina, this hearing is called a “First Appearance.”
16. What is a “First Appearance” hearing?
A “First Appearance” hearing for most defendants is the most important single hearing in the criminal process. Because the hearing is so important, a person accused of a crime should absolutely have an attorney at the “First Appearance” hearing.*
At the “First Appearance” hearing, an individual is notified of the charges that have been filed against him. In addition, the individual is informed by the judge of his rights, which include the right to the appointment of an attorney by the court if the individual cannot afford one.
Most importantly, the judge at the “First Appearance” decides whether the individual can be released from custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest. and, if so, whether the individual must comply with any conditions or post bail. If the judge decides that bail should be set, the judge decides the amount of the bail, and whether the bail is secured or unsecured.
The judge will also hear from an assistant district attorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr.
A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. who will explain to the judge the charges on which the individual is being held. The assistant district attorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr.
A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. may also tell the judge whether the individual has a past criminal record.
If an individual in custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest. does not have his own attorney present in the courtroom to make an argument on his behalf about his release from custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest., the judge only hears from the District AttorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr.
A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload..
These hearings move very quickly. Dozens of cases are handled in a three hour court session. It is crucial that you or your loved one have an attorney present so that the best case can be made about your or your loved one’s release from custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest..
Because the next bail hearing may not happen for weeks, this is the first, and best shot, to secure release from jail. In addition, many judges are reluctant to review other judges’ bail decisions. As a result, once a high bail is set, it is sometimes difficult to get it reviewed so that the person can get out of custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest..
* Even if the person accused of a crime will later be declared “indigent” and eligible for a public defenderA court appointed lawyer is a lawyer appointed by the Court (sometimes via the Public Defender Office) to represent an individual in court. Only indigent (poor) people qualify for a court appointed lawyer.
A public defender is a lawyer who is employed by the Public Defender Office and who only represents indigent (poor) clients., the person should try if at all possible to have an attorney present at the “First Appearance” so that the attorney can make a case for the person’s release from custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest..
17. How does a judge decide bail?
In North Carolina, a judge may consider various factors, including the defendant’s criminal record, the seriousness of the charges, the strength or weakness of the evidence against the individual, as well as other factors in the individual’s life: work history, employment status, whether the individual has family and friends in the state. North Carolina law favors unsecured release, meaning that the Defendant is not required to pay a bond in order to be released from custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest. prior to trial.
Judges generally want to ensure that the individual will appear for court if he is let out of custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest., will not be a danger to others if let out of custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest., and will not destroy any evidence that may exist.
It is important for the judge to hear from an attorney on behalf of the individual about the individual’s ability to appear for his court date and not present a danger to the community.
18. I or my loved one or friend have been released from custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest.. What do I have to do?
The release from custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest. usually includes various rules that the individual must follow. Those rules will be listed in the judge’s order for release. An individual released from custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest. must comply with all of the judge’s rules.
In addition, the individual must be on time and present for all court appearances. Failure to appear for court will lead to a judge’s determination that the individual has been “Called & Failed.” An Order for Arrest will be issued, and the individual is subject to immediate arrest and a return to custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest..
In addition, if the individual was originally “out on a bond,” that bond will most likely be forfeited, and the money lost.
