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.

As of December 1, 2011, there are two important changes to the Structured SentencingStructured sentencing replaced Fair Sentencing in 1994. It created a felony sentencing chart and a misdemeanor sentencing chart in which most, but not all, punishments are imposed according to the level of the crime, and the individual's prior record level. system which governs how most offenses – except DWIs and 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. – are sentenced following 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..

In order to ensure that everyone who is 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 a North Carolina felony is considered a felon for federal purposes, North Carolina’s General Assembly increased punishments for Class I and Class H felons so that all felons in North Carolina face at least 13 months of punishment.

Thirteen months is a magic number because under federal law, one is not a felon unless one can spend at least 12 months in prisonA prison is a facility, operated by the Department of CorrectionsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. for a crime. Under the old chart, certain low level North Carolina felons were not deemed to be felons for federal purposes because under state law they could not receive at least 12 months of prisonA prison is a facility, operated by the Department of CorrectionsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length.. Now all felons can potentially receive 12 months of punishment, making everyone who is 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 a felony in North Carolina a felon under federal law.

Also as of December 1, 2011, North Carolina has enhanced punishments for those 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 reportable sex offenses. The enhancements involve changes to Structured SentencingStructured sentencing replaced Fair Sentencing in 1994. It created a felony sentencing chart and a misdemeanor sentencing chart in which most, but not all, punishments are imposed according to the level of the crime, and the individual's prior record level.’s Min-Max chart, which creates the maximum punishment the person faces. For defendants who behave well in prisonA prison is a facility, operated by the Department of CorrectionsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length., they may be able to effectively work the time off to reach the minimum based on good behavior.

But for defendants who are held in jail awaiting trial, the new sentencing chart will punish them because they can receive no credit against the maximum sentence while spending time in local jails. Consequently, the change basically means they will spend more time, potentially, in jail than someone who pled early to a sex offense crime.

In addition, the min-maxes simply punish sex offenders more harshly.

How should a potential client – you – use a free consultation? First, you should use it to gain as much information about your situation as you can. A lawyer should be willing to spend as much time as you need to explain the general process – how 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. or criminal case or federal case or state case – is handled in general.

In addition, you should be prepared to give the lawyer a few specific facts about your case so that lawyer can give you some sense of how your case may go. Obviously during an initial consultation, you can’t expect a Raleigh lawyer to spend two hours discussing the facts of your case. This is simply too detailed. However, the lawyer you speak with should be able to give you some specific advice about your specific situation.

I am very surprised when I receive a call and the person has talked to two or three lawyers, but still doesn’t understand very much about the process.

I will usually spend anywhere from 30 minutes to an hour explaining how cases move through the system in North Carolina, and pointing out the good parts and bad parts of my clients’ case.

If you call a lawyer, and the lawyer promises you a result, run, do not walk, from that lawyer. Not only is it unethical to promise a result, it is simply bad lawyering. While a lawyer can sometimes say “I can probably do this for you” a lawyer who says “I guarantee a result” is setting up for failure. That’s because nothing is guaranteed in criminal law.

Finally, the lawyer you reach should be happy to talk with you regardless of the time or day. That’s because people don’t just get arrested Monday through Friday, 9 to 5. People have trouble with the police whether it’s in the late night, weekends, or on holidays. A criminal lawyer who is not interested in talking to you on the weekends, on weeknights, or on holidays probably won’t be that responsive should you call for an emergency call on a weekend when police are knocking on your door.

A free consultation with a Raleigh criminal lawyer is an excellent opportunity for you to evaluate the lawyer’s tone, approach, knowledge, and demeanor. Make the most of that opportunity.

North Carolina’s general court of justice is divided into two divisions, the lower 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. Division, and a 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. Division. All misdemeanors and most felonies, although not all felonies, start out 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.. Most misdemeanors, and many felonies, end their lives 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..

Misdemeanors can reach the trial stage 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., where the trial will be heard by a single judge. That judge will render a verdict, which can be guilty or not guilty. If the person has been found not guilty, then the case ends, and there is no further prosecution (although 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 appealAn appeal may be either an appeal for a trial de novo, or an appeal on a matter of law following a jury trial or appellate decision. An appeal for a trial de novo sets aside the District Court judgment and sends the case to Superior Court for a jury trial. An appeal following a jury trial raises legal or constitutional issues that are eventually decided by state or federal appellate courts. certain rulings that may have led to 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.).

Many misdemeanors never reach the trial stage. They are settled by either 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., a deferral, a diversion, or a first offenders program. In these cases, 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. agrees to either reduce punishment or dismiss charges entirely provided that the defendant does something, such as community service, to justify the 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. or reduction in punishment.

For those misdemeanors that reach the trial stage or 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. stage, the case may be appealed by the defendant, if he or she loses. If the case is appealed to 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., it is as if the 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. trial never happened. This is called a “de novo” appealAn appeal may be either an appeal for a trial de novo, or an appeal on a matter of law following a jury trial or appellate decision. An appeal for a trial de novo sets aside the District Court judgment and sends the case to Superior Court for a jury trial. An appeal following a jury trial raises legal or constitutional issues that are eventually decided by state or federal appellate courts.. The reason that any criminal case 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. may be appealed is because where someone’s liberty is at stake, that person has a right to 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. trial.

The 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., therefore, serves as a filtering court, to filter out the cases that should be resolved with minimal review by 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. As such, you’d hope that the 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. judges would render decisions consistent with what a 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. 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. would find, but this isn’t always the case. 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. 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. rates are generally higher than the result from 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. trial.

This is sort of absurd, because it only encourages defendants and their attorneys to appealAn appeal may be either an appeal for a trial de novo, or an appeal on a matter of law following a jury trial or appellate decision. An appeal for a trial de novo sets aside the District Court judgment and sends the case to Superior Court for a jury trial. An appeal following a jury trial raises legal or constitutional issues that are eventually decided by state or federal appellate courts. cases, which is an incredibly bad use of judicial resources. I will generally advise, where appropriate, that my clients appealAn appeal may be either an appeal for a trial de novo, or an appeal on a matter of law following a jury trial or appellate decision. An appeal for a trial de novo sets aside the District Court judgment and sends the case to Superior Court for a jury trial. An appeal following a jury trial raises legal or constitutional issues that are eventually decided by state or federal appellate courts. 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. cases where I think they might find relief in front of 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..

While all misdemeanors are handled 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., no felonies are tried 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.. Felonies must be tried in front of 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., and so the only way to resolve a felony 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. is through 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., a diversion or deferral program, a first offenders program, or 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 the charge.

But sometimes if these allegations reach the attention of authorities – whether Child Protective ServicesCPS is a division of the Department of Social Services. It generally looks after the welfare of minor children, and may be involved in criminal investigations into illegal conduct that results in abuse or neglect of the children. (CPSCPS is a division of the Department of Social Services. It generally looks after the welfare of minor children, and may be involved in criminal investigations into illegal conduct that results in abuse or neglect of the children.) or the Department of Social Services (DSS) or other governmental agencies – that can become something more than wild accusations in bitter divorce proceedings.

They can become criminal accusations. If you’ve been accused of abusing your children by a spouse or soon-to-be ex-spouse or ex-wife or ex-husband, you should probable talk to a criminal lawyer about the matter. Call (919) 352-9411.

In these cases, the parties may be represented by divorce attorneys, but sometimes divorce attorneys don’t have the best advice. In fact, sometimes divorce attorneys will allow one party to depose another party where allegations of child abuse or child sexual abuse have been raised.

This is almost always a bad decision, in large part because those depositions can be used against the accused party later in a criminal proceeding.

Sometimes CPSCPS is a division of the Department of Social Services. It generally looks after the welfare of minor children, and may be involved in criminal investigations into illegal conduct that results in abuse or neglect of the children. may be called, especially if a Child Medical Exam (CME) or Child Medical Evaluation (CME) or Child Family Evaluation (CFE) has been conducted which seems to indicate abuse. If children are being used by one parent to accuse another parent of abuse, the children themselves may come to believe they were actually abused.

Here’s the point: it is very important to consult with a Raleigh criminal lawyer or North Carolina Criminal lawyer about these matters as soon as possible. It, in general, it is wise to politely, but firmly decline to speak to authorities about abuse, except to deny it where appropriate.

Every case is different, so it’s important to note that not every case is handled the same way. In addition, North Carolina, unlike the federal system, has two trial divisions: 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. and 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..

All misdemeanors and most felonies start out 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.. Most misdemeanors and a large number of felonies are resolved 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..

If you 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. of a misdemeanor 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., you have the option to appealAn appeal may be either an appeal for a trial de novo, or an appeal on a matter of law following a jury trial or appellate decision. An appeal for a trial de novo sets aside the District Court judgment and sends the case to Superior Court for a jury trial. An appeal following a jury trial raises legal or constitutional issues that are eventually decided by state or federal appellate courts. that 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. within 10 days of the judgment to 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. for a new trial in front of 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..

Felonies are only heard 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., but many felonies are resolved by 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., diversion, or 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. 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 North Carolina.

The News and Observer reports that distrust is building in courtrooms throughout the state:

“All this information came from the SBIThe SBI, based in Garner, is North Carolina's version of the FBI. It has a crime lab, and agents who conduct investigations usually of state-wide importance. The SBI is operated under the auspices of the NC Department of Justice., and we all know what they say doesn’t matter anymore. They have no credibility now,” [Criminal Defense lawyer] Reece said in an interview Monday.

It is a scene expected to play out in courtrooms across the state in the coming months as attacks on the SBIThe SBI, based in Garner, is North Carolina's version of the FBI. It has a crime lab, and agents who conduct investigations usually of state-wide importance. The SBI is operated under the auspices of the NC Department of Justice.’s credibility reverberate. Judges anticipate a slew of motions from prisoners seeking a review of their cases, citing problems over SBIThe SBI, based in Garner, is North Carolina's version of the FBI. It has a crime lab, and agents who conduct investigations usually of state-wide importance. The SBI is operated under the auspices of the NC Department of Justice. analysis. Prosecutors are trying to figure out how to defend SBIThe SBI, based in Garner, is North Carolina's version of the FBI. It has a crime lab, and agents who conduct investigations usually of state-wide importance. The SBI is operated under the auspices of the NC Department of Justice. agents and analysts, often their star witnesses in front of juries.

The federal system has a couple of features that make it necessary to hire an aggressive, professional, and experienced criminal lawyer. First, federal judges are not constrained by the 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. bargains that have been worked out between the defense and the United States Attorney.

So, for instance, if a Raleigh criminal defendant and the United States Attorney (AUSA) for the Eastern District of North Carolina work out an agreement as to a specific sentence, a federal district judge is not obligated to follow that agreement. Consequently, all federal 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. agreements are open-ended as to punishment within the federal sentencing system.

A skilled Raleigh defense attorney is able to negotiate certain statements of fact in the 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, as to weights of drugs found, number of images of child pornography identified, or the nature of the crime specific elements associated with a terrorism charge. Those facts will constrain a federal 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. And, so, a Raleigh federal lawyer can limit your exposure through a carefully negotiated 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.

It’s sometimes said by Raleigh defense lawyers that the only thing they fear more than God is a federal district judge. That’s because a federal district judge has such power to accept or reject, or sentence within some very harsh federal penalties.

Here’s the thing you should keep in mind. If you’ve been accused of a crime by the federal government, you should hire an attorney who not only can try the case if it can be tried successfully before 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., but can negotiate the best possible sentence, if trying the case would result in a worse outcome.

Since the early 1990s, before the internet was a widespread phenomenon, I’ve used the Internet, dabbled in programming, and have been a user of various technologies, including peer-to-peer technologies, that are commonly implicated in an internet crime case.

Since I understand everything from tracerouting, to the shortcomings of tracking someone by their IP address, to the specifics of encryption technologies.

If you’re accused of a crime in Raleigh involving the internet, or computer technologies, including the ones listed above – child pornography, wire fraud, copyright crimes, and other kinds of bank fraud or embezzlement – you should consult with a lawyer who understands and has worked with these technologies, and who can build the strongest possible defense to your case.

A Raleigh embezzlement case typically involves an employee – someone with access to a company credit card or company bank accounts – who has taken money from the accounts or charged personal items to the credit card. Since embezzlement is considered a violation of trust, it is categorized as a felony, regardless of the amount in question. Theoretically if you are accused of embezzlement Raleigh of just $100, you’d face a felony.

There are two levels of embezzlement North Carolina. The first level is any amount up to $100,000 and is a Class H felony. The second level is any amount of $100,000 or more and is a Class C felony.

The importance of the value may be crucial to your case. That’s because a Class C felony is a much more serious crime, resulting in mandatory prisonA prison is a facility, operated by the Department of CorrectionsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. time of 5 years or more.

A Class H felony, for a first time offender, may result in probationProbation may be either unsupervised or supervised. Unsupervised probation generally simply requires the person stay out of trouble for a specified period. If the person violates probation (perhaps by committing a new crime) the person may be required to serve an active sentence. Supervised probation requires the person to check in with a probation officer, and may have additional requirements., and no prisonA prison is a facility, operated by the Department of CorrectionsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. time at all.

One of the problems with embezzlement is the dispute over the amount of money taken. Where the person has admitted to taking some money, the question will be how much did they take. That’s important for two reasons.

First, again, if the amount equals or exceeds $100,000, the crime is much more serious.

Second, if the person is placed on probationProbation may be either unsupervised or supervised. Unsupervised probation generally simply requires the person stay out of trouble for a specified period. If the person violates probation (perhaps by committing a new crime) the person may be required to serve an active sentence. Supervised probation requires the person to check in with a probation officer, and may have additional requirements., and ordered to pay restitution, the question is how much restitution must the person pay back. A failure to pay back the restitution could result in a violation of probationProbation may be either unsupervised or supervised. Unsupervised probation generally simply requires the person stay out of trouble for a specified period. If the person violates probation (perhaps by committing a new crime) the person may be required to serve an active sentence. Supervised probation requires the person to check in with a probation officer, and may have additional requirements., and an active sentence. So it’s important that someone accused of embezzlement Raleigh not be required to pay back more than is truly owed.

In tough economic times, sometimes victims – companies, employers etc., – may use the fact that you’ve been accused of embezzlement to saddle you with ALL losses from the business, even losses that you are not responsible for. This is called “cleaning the books.” And it’s a strategy they might use to try to get back more than is truly owed.

If an employer approaches you about claims of embezzlement, you should certainly contact a Raleigh embezzlement lawyer or embezzlement lawyer Raleigh as soon as possible. This is because anything you may say to the employer could be later used against you.

And, because, if we act quickly enough, there may be ways to avoid a criminal charge entirely.