Or allegations may arise that you have committed a crime in the past. The police may investigate for a period of time, during which they will probably try to interview you, friends, witnesses, and acquaintances. When they think they have enough information to charge you with a crime, the police officer will generally swear out a warrant for your arrest.

You will not know that an arrest warrant has been sworn out for you until one of two things happen. Either the police show up at your door or at your work to arrest you. Or, sometimes, the police request you either directly show up at the police station or request your lawyer to surrender you to the police station for your arrest.

Obviously it’s much more preferable to receive a call from the police officer asking you to surrender yourself. First, it prevents the embarrassment of you being arrested and placed in cuffs in front of your family or your co-workers. Second, it prevents the chance for a confrontation. Everything is peaceful and orderly with a surrendered arrest.

I recommend that anyone who is being accused of a crime or being asked about a crime where the questions are accusatory, should seek out an attorney. Why? An attorney can help facilitate the surrender, and can work to secure your release from jail. An attorney will also help you preserve your rights, and protect you and your family from further criminal liability.

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 merchandise that is not the employees’ fault.

Each embezzlement case is unique. Whether you are facing an embezzlement charge in Wake County, or in the Eastern District of North Carolina (federal court), you need a lawyer who knows how to work in both the state and federal courts.

North Carolina’s criminal code describes the crime of embezzlement, which is a form of theft.

Embezzlement may be:

* property received by virtue of office or employment
* state property by public officers and employees
* funds by public officers and trustees
* by an officer of a railroad company
* or by a surviving partner of a business partnership
* or may be defined under Federal Embezzlement Laws

The U.S. Code, Title 18 lists the many provisions of federal embezzlement lawsystem.

Under state law, embezzlement may be either a Class H felony (which is a fairly low level felony) or, if above $100,000 in value, a Class C felony (which is a fairly serious felony).

A Wake County 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. or federal United States Attorney must prove that the defendant – you – had the intent at the time of the incident to embezzle or that you knowingly and willfully converted money (or any other kind of property) to your own use

Damon Chetson has experience in both state and federal courts. He has represented people accused of everything from drunk driving and driving while impaired, to people accused of drug traffickingDrug trafficking is the possession, sale, or distribution of larger quantities of certain controlled substances. In North Carolina, all drug trafficking laws have mandatory minimum sentences. and rape. He has also resolved many embezzlement cases before they reach the charging and arrest stage by negotiation resolutions with employers to avoid arrest.

Assume for a moment that the police officer has a valid reason or 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. to stop the car. Does that mean that a driver accused of a 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 sunk? No.

Just because an officer has enough legal grounds to stop a car does not necessarily mean that the officer has legal grounds to arrest the driver on a Driving While Impaired charge (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.).

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 prove that in the second phase of the police officer’s investigation he developed enough evidence to form a 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 driver had been driving while impaired.

The National Highway Traffic Safety Administration teaches two major evidence gathering tasks at this point as part of the officer’s Phase II interaction with the driver. The first task is for the police officer to approach, observe, and interview the driver while still in the car to identify any impairment or intoxication face-to-face.

The officer will identify whether the person has bloodshot eyes, soiled clothing, fumbling fingers, alcohol containers, drugs or drug paraphernalia, bruises, bumps or scratches or whether the person is slurring his or her speech, admission to drinking, abusive language, etc.

The officer will also identify any smells – alcoholic beverages, marijuana, cover up of odors, breath-sprays, or unusual odors.

Next time I’ll talk about additional observations the police officer should record before validly arresting the driver.

That’s because domestic violence is treated differently in North Carolina (and most states) from other kinds of criminal acts.

1) What is domestic violence?

Domestic violence in North Carolina involves cases in which the defendant is charged with assault, stalking, communicating threats, domestic criminal trespass, a violation of a Chapter 50B order, or various felonies upon a “spouse or former spouse or a person with whom the defendant lives or has lived as if married.”

2) How will the police treat a call involving a domestic violence matter?

Generally, a call involving a report of domestic violence will be followed by an arrest. In the olden days, police might respond to a call involving domestic violence, and simply tell both the husband and wife or boyfriend and girlfriend to take a break. Or the woman, who had been hit by her partner, would tell the police that it was “no big deal” and the police would leave the scene, only to be called back later in the evening when, usually, the husband or boyfriend had beat the heck out of the woman.

Beginning in the 1980s, aided particularly by women’s advocacy organizations, police departments around the country began to reform procedures. Today, many police departments operate under a “shall arrest” policy, which means that even if both the man and woman insist that everything is ok, someone will be arrested.

Sometimes the person who called the police will be arrested if the police believe that the person who called them instigated the fight.

3) How will the person arrested be handled in a Domestic Violence situation?

North Carolina has a special statute governing the pre-trial releasePre-trial release is a program where people with limited or no criminal records may be released from jail pending resolution of their case. PTR usually requires regular check-ins with a case worker. of individuals accused of these crimes. First, the defendant will be held 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. for up to 48 hours or until seeing a District CourtDistrict Court is the lower of two levels of trial court in North Carolina. Misdemeanors begin (and can be resolved) in District Court. Most felonies also begin in District Court, but only Class H and Class I felonies may be resolved in District Court. judge, whichever is sooner. This is different from the way defendants are treated where they may have committed a minor crime that does not involve domestic violence. In those cases, there is no mandatory detention. But in DV situations, there is a mandatory detention until a District CourtDistrict Court is the lower of two levels of trial court in North Carolina. Misdemeanors begin (and can be resolved) in District Court. Most felonies also begin in District Court, but only Class H and Class I felonies may be resolved in District Court. judge can hear the case, or 48 hours passes.

4) Will any special conditions be placed on a person 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. in a Domestic Violence situation?

If a person is arrested on a DV charge and the charge is minor and the person has no prior criminal record, the person may be eligible for pre-trial releasePre-trial release is a program where people with limited or no criminal records may be released from jail pending resolution of their case. PTR usually requires regular check-ins with a case worker.. This means that the person must check in once a week with a member of the pre-trial releasePre-trial release is a program where people with limited or no criminal records may be released from jail pending resolution of their case. PTR usually requires regular check-ins with a case worker. program. Otherwise, the person is free to go about his or her business. Or the person can post a bond, either himself or herself or through a bondsman.

In addition, the judge will impose a “no contact” order which requires the person to have no contact with the alleged victim. This will sometimes complicate a situation where the couple lives together, or where there are children involved who must be moved from household to household.

A “no contact” order can be lifted if either the alleged victim shows up at the First Appearance hearing where the District Judge and tells the District Judge that the victim does not want a “no contact” order imposed.

5) What can a lawyer do to help a defendant who has been charged with a Domestic Violence crime?

An Apex, Cary, or Raleigh criminal lawyer can help a defendant navigate the criminal process, and also work with the defendant to try to minimize the impact on the defendant’s life and on the domestic situation. For instance, in some cases the couple is in the process of getting divorced. A criminal lawyer can help to keep the criminal situation from interfering with an otherwise amicable divorce.  Most importantly, an Apex, Raleigh or Cary criminal lawyer can help minimize the effect a domestic violence 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 on an individuals life, employment, and criminal record.

In the United States, it would take another 10 years before laws against drunk driving would go into effect. New York led the way in 1910. At that time, states did not generally require licenses to operate automobiles. The laws generally imposed fines for drunk driving, but did not, obviously, suspend licenses since licenses were not required in the first place.

For much of the early part of the 1900s, drunk driving was proved by a police officer or other witness’ testimony that the driver appeared intoxicated, swerved, slurred words, had glassy eyes, and so forth, while driving. North Carolina – and all states – still recognize this method of proving impairment as a legitimate way to convict someone of drunk driving.

But scientists started searching for an objective way of measuring alcohol impairment. An early method was a balloon-like device called a “Drunkometer” and developed by a professor of biochemistry in 1936.

The search for a more accurate device that was easier for police to use led to the invention in the mid-1950s of the breathalyzer. An Indiana State Police Captain invented that used photometry (measuring the perceived brightness of light passing through the breath of test subject) to produce a Blood Alcohol Concentration (BACBAC stands for Blood Alcohol Concentration (or Breath Alcohol Concentration). It is a percentage of how much alcohol is in the body. In North Carolina and all states in the United States, a BAC of .08 or above while operating a vehicle is a violation of the law. A judge or jury may, but is not required to, find you guilty of 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. in such a case.) that was much more accurate than that produced by the “Drunkometer,” but still not completely accurate.

Today’s breathalyzer machines, mostly a product of 1980s science and engineering, rely on infrared spectroscopy. Light is passed through a chamber into which a subject has breathed. Sensors measure the difference between a full light spectrum and the light produced after it passes through the breath. Since the chemical processes resulting from the consumption of alcohol generate fumes in the breath that block light, the sensors can gauge (supposedly) the BACBAC stands for Blood Alcohol Concentration (or Breath Alcohol Concentration). It is a percentage of how much alcohol is in the body. In North Carolina and all states in the United States, a BAC of .08 or above while operating a vehicle is a violation of the law. A judge or jury may, but is not required to, find you guilty of 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. in such a case. of the subject. (It’s important to note that the breathalyzer only produces a proxy result. It doesn’t actually measure the BACBAC stands for Blood Alcohol Concentration (or Breath Alcohol Concentration). It is a percentage of how much alcohol is in the body. In North Carolina and all states in the United States, a BAC of .08 or above while operating a vehicle is a violation of the law. A judge or jury may, but is not required to, find you guilty of 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. in such a case. of the subject, which can only be done by actually testing the blood of the person.)

Another major change was the implementation of BACBAC stands for Blood Alcohol Concentration (or Breath Alcohol Concentration). It is a percentage of how much alcohol is in the body. In North Carolina and all states in the United States, a BAC of .08 or above while operating a vehicle is a violation of the law. A judge or jury may, but is not required to, find you guilty of 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. in such a case. restrictions on drivers. In the 1950s, many states set the legal limit at .20 or .15. Over time, especially in the 1970s and 1980s, the limits were lowered. By the late 1990s, every state in the country had accepted .08 as the legal limit because of the requirements of federal highway funding laws.

In North Carolina, neither the plaintiff nor the defendant decides how to “calendar” – i.e., set the court dates – civil cases.

However, North Carolina is the one of the few states in the country where 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. has unilateral control over the calendaring in criminal cases. This means that 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. gets control over not only when you, as a criminal defendant, appear before a judge, but 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. can in effect manipulate the calendaring process to select which judges get to hear which cases.

Whether or not this is a violation of the 14th Amendment’s due process provision has never been litigated. But at the very least it is a deeply unfair way to design a criminal process because it prejudices the defendant by putting 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. in charge of when the defendant can have defense motions heard.

In the United States has two systems to address the “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.” issue. The first system is the “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.” hearing. This is a hearing in open court before a judge where the prosecution puts on some of its evidence in order to show the judge that enough evidence exists to accuse the defendant of a crime.

A 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. hearing is an open court hearing, where the defendant’s attorney has the opportunity to question any witnesses that the prosecution calls. A defense attorney could also call defense witnesses, although this is never advisable for strategic reasons.

The second system is the grand 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. system. A grand 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. is a group of between 12 and 18 citizens called for a period of time – months – to meet periodically, usually in a room at the defense attorney’s offices. The grand 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. is sworn, has a foreman who nominally runs the proceedings. Grand jurors are permitted to questions any witnesses put on by 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..

The chief difference between a 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. hearing and a grand 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. is that a grand 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. proceeding is secret, and the defense is not permitted to attend. As a consequence, the defendant will not know what has happened at a grand 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. session, except that the defendant was either indicted or not indicted. 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.” is merely an accusation, nothing more.

North Carolina has a dual system. By statute, every defendant accused of a felony has a right to a “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.” hearing by Chapter 15A Article 30 of the N.C.G.S. In Wake County, 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. holds such hearings in room 4D of the Wake County Court HouseThe Wake County Courthouse is located at 316 Fayetteville Street, Raleigh, NC 27601. Parking is available on the street or in nearby parking garages..

I should note that 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. hearings are almost never held. Why not? Because the prosecution would much rather have a grand 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. deliberate in secret over evidence secretly presented rather than permit an open presentation of this evidence which the defense attorney would be able to hear. A grand 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. is described at Chapter 15A Article 31 of the N.C.G.S.

In North Carolina, all criminal cases start in District CourtDistrict Court is the lower of two levels of trial court in North Carolina. Misdemeanors begin (and can be resolved) in District Court. Most felonies also begin in District Court, but only Class H and Class I felonies may be resolved in District Court.. In Wake County, felonies will be scheduled for a 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. hearing in 4D. However, at the time of the 4D hearing, the prosecution will tell the judge that it is not ready to proceed and request a continuanceA motion to continueA motion to continue is a request by either party to a judge that a new date be set in the matter. Most criminal matters will have several continuances before both parties are ready to proceed. If the case is marked "Last," the the case must be resolved on the next court setting. is a request by either party to a judge that a new date be set in the matter. Most criminal matters will have several continuances before both parties are ready to proceed. If the case is marked "Last," the the case must be resolved on the next court setting.. This continuanceA motion to continueA motion to continue is a request by either party to a judge that a new date be set in the matter. Most criminal matters will have several continuances before both parties are ready to proceed. If the case is marked "Last," the the case must be resolved on the next court setting. is a request by either party to a judge that a new date be set in the matter. Most criminal matters will have several continuances before both parties are ready to proceed. If the case is marked "Last," the the case must be resolved on the next court setting. is always granted by the judge, which gives the Wake County 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. roughly another 30 days to hold another 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. hearing.

However, before the 30 days are up, the Wake County 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 convene a grand 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. and request 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.. Consequently, the defendant may be indicted, in which case the case will now be in Superior CourtSuperior Court is the higher of the two levels of trial court in North Carolina. Felonies may be resolved in Superior Court 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 trial. Misdemeanor convictions may be appealed to Superior Court for 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. trial., and the original District CourtDistrict Court is the lower of two levels of trial court in North Carolina. Misdemeanors begin (and can be resolved) in District Court. Most felonies also begin in District Court, but only Class H and Class I felonies may be resolved in District Court. case will be dismissedA 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. before the 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. hearing occurs.

When the grand 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. returns 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 is called a “True Bill.” If the grand 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. refuses to indictAn 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., the charges have been “no true billed.” I’ve seen one case in recent memory “no true billed,” but 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. went back a second time to the Grand 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. which “true billed” the case.

So, as you can see, it is very, very rare for a grand 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. not to indictAn 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..

But I am struck by how many American commentators I’ve heard say that the evidence was very weak, and that “If Amanda Knox had been tried in an American court, she would not have been 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..” I think a lot of these people have not been in American courts, where there is reason to believe that something like 10 to 20 percent of criminal defendants who are 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. were not guilty, in fact, of the crimes they were 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. of committing.

There’s reason to be proud of the American justice system, namely the “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. of peers” aspect. But it would be a serious mistake to assume that the American justice system is perfect or even close to perfect.

UPDATE: Amanda Knox has since been found not guilty of the charges and released from Italian 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.. (2011)