In Wake County, North Carolina you’ll usually be charged with a crime in one of two ways. Either the police stop you believing that you are in the process of committing a crime. This could be something as simple as driving with license revoked (DWLR) or as serious as in the middle of robbing a [...]
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In these tough economic times, embezzlement has become a crime more frequently prosecuted by either the state or federal prosecutors in North Carolina. That’s because either employees have been taking money from employers to make ends meet, or employers are accusing innocent employees because employers want to stop “shrinkage” or the loss of money or…
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A short video about how Miranda Rights apply in criminal cases. You should consult with a lawyer about your case. I made this to help folks understand how this concept might apply in their cases, but each fact situation differs.
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I’ve talked previously about how police officers need to have a reasonable articulable suspicionReasonable suspicion is the level of proof required to stop a vehicle or conduct a Terry Stop, where there is no apparent evidence of a crime. Reasonable suspicion is more than just a hunch. that a crime is afoot in order to stop a car traveling down North Carolina’s roads – in Raleigh, Cary, Apex, for instance, or in any other part of Wake County.
Assume for a moment that the police officer has a valid [...]
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If you’ve been involved in incident involving domestic violence in Cary, NC, Raleigh, NC or Apex NC, you will want to consult with a Raleigh, Apex, or Cary criminal lawyer who can help you navigate the criminal system and also any other ramifications the criminal problem may cause in your personal life. A lawyer should [...]
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Many lawyers take the next few weeks off because court is closed a number of days and to celebrate the holidays. I will be working throughout the holiday period, so if you are stopped for 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., or face criminal charges and need to talk to a Raleigh criminal lawyer or Raleigh 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. lawyer, feel free [...]
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We interrupt this program… to bring you a little history of drunk driving.
In 1897, barely 10 years after the invention of the automobile, a 25-year old London taxi driver named George Smith became the first person ever arrested for drunk driving after slamming his cab into a building. He later pled guilty and was fined [...]
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Imagine if you were involved in a civil suit – perhaps your neighbor was suing you for some damage to his property. And imagine that the neighbor as the plaintiff in the suit had the unfettered right to bring the matter before a judge whenever he or she chose. And imagine that the neighbor has [...]
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In the United States, the prosecutorA 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. must show that he has enough evidence – “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 the crimes alleged have been committed and reasonable grounds to believe that the person or persons accused did commit the crimes. The prosecution must clear this hurdle before it can proceed to trial. If the [...]
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I don’t have an opinion one way or the other on Amanda Knox, the American college student who was sentenced to 26 years in an Italian jail after a court in Pergia, Italy convictedA 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. her of murdering Meredith Kercher, a fellow student and roommate.
But I am struck by how many American commentators I’ve heard say [...]
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