I recently observed a case where the alleged crime had been committed in 1992, and in that case the defendant was sentenced under the old North Carolina sentencing system.

But for all felonies or misdemeanors alleged to have been committed after December 1, 1995, North Carolina’s 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 applies.  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. applies state wide, whether you’re in Cary, Apex, Raleigh, Fuquay Varina, or Asheville: the same rules apply.  Federal crimes are handled by the federal courts under a different (and much more complicated) 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.

But most criminal cases are state cases, so let’s talk a little about how North Carolina’s 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 works.

First, crimes are divided into “classes.” Felonies start at Class A (First Degree Murder) which is punishable by life or death and go all the way down to Class I (the least serious, including many minor drug or theft offenses.)  There are two Class B offenses – B1 and B2 that each are treated differently.  Misdemeanors are handled separately, from Class A1 (the most serious, including Assault on a Female) to Class 3 (the least serious, including simple marijuana possession).

Second, individual defendants are assigned to levels.  A Level 1 is someone who has no Class A1 or higher convictions.  A Level 2 is someone who has at least 1 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. point.  And a Level 6 is someone who has 19 or more prior sentencing points.  Level 6 is the highest, or worst.

Third, each class/level box has three ranges: mitigated, presumptive, or aggravated.  Presumptive is where everyone starts.  If there are mitigating factors – either statutory or common law – the judge may sentence in the mitigated range, which is better.  If there are aggravating factors, the judge may sentence in the aggravated range, which is worse.  If the judge doesn’t find aggravating or mitigating factors to sentence in either of those two ranges, then the presumptive range is used.  Most defendants are sentenced within the presumptive range.   Note that there is also a way for the judge to deviate from 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. scheme if he finds “extraordinary mitigation”.  This rarely occurs, and usually it is done because 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 that there should be deviation.

Third, this is a truth-in-sentencing system.  If 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. – either by pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. or after a trial – the defendant will serve at least the bottom of the sentencing range, and as much as the top of the range.  What happens is that the defendant goes into the DOCA 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. and can work off the good time, by cooperating, not getting into fights 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., being a model prisoner, so that the DOCA 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. will grant good time. Over time the good time adds up so that the defendant moves down to the lowest end of the range.

North Carolina has done away with parole.  Life means life.  And and active sentence of 12 to 18 months mean the defendant will serve at least 12 months.

Even if the state’s case is strong, there’s a lot a Apex, Cary, or Raleigh criminal lawyer can do within 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. scheme to get a lesser sentence.  The criminal lawyer can put together strong evidence that, in spite of the crime, the defendant has been otherwise a good citizen, with a family to support, good contributions to the community, perhaps church involvement, and other kinds of factors relating to the crime that mean the defendant should be given “the bottom end of the mitigated.”

Or, in exceptional circumstances, the Apex, Raleigh or Cary criminal lawyer may be able to argue “extraordinary mitigation.”  This is rare, but possible and depends on putting on strong evidence at a sentencing hearing.

Call (919) 352-9411 to talk to an Apex, Raleigh or Cary criminal lawyer weekdays, evenings, or weekends who can give some advice as to how sentencing might work in your case.

The United States Constitution says that defendants have the right to confront witnesses who testify against them.  This is the general constitutional rule that prevents hearsay in criminal cases.  Hearsay is, briefly, an out-of-court statement that a party (either the defendant or 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. in a criminal case) wishes to introduce to prove the fact of the matter. 

In many cases, hearsay can be avoided by simply having the person come into court, be sworn, and testify.  But what happens when the person is “unavailable.”  For 20 years, the Supreme Court held that if the person is “unavailable,” but the out of court statement that a party wishes to introduce has “adequate indicia of reliability” or has “particularized guarantees of trustworthiness,” then the out of court statement may be introduced under a hearsay exception.

That meant that a lot of out-of-court statements were generally admitted into court where witnesses were unavailable at trial because courts frequenlty found that there was “adequate indicia of reliability.”

In 2004, the Supreme Court changed the rule in Crawford v. Washington.  It said, instead, that the Constitution guarantees a criminal defendant the right to confront witnesses against him.  Therefore, if the out of court statement was a “testimonial” statement, then it could not be admitted if the defendant did not have the opportunity to cross-examine the person.

But the Supreme Court did not define what were testimonial and what were non-testimonial statements.  In a subsequent case, Davis v. Washington, the Supreme Court said that statements made by a victim during a 911 call were not testimonial, and therefore could be admitted 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. against the defendant even though the defendant had had no prior opportunity to cross examine the victim.

This year the Supreme Court has decided another important Confrontation Clause case in Melendez-Diaz v. Massachusetts. The case involved Melendez-Diaz who was 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 distributing and trafficking in crack cocaine.  He had been arrested in 2001.  At his trial, crime lab reports were admitted.  They dealt with substances taken from one of the men arrested at the scene and from the back seat of a police cruiser.  The trial judge told 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. that it could rely on the chemist’s reports as proof that the substance seized contained cocaine. However, no scientist or expert testified as to having performed the tests, or having written the report.

The Supreme Court ruled that such reports were testimonial, and as such were out-of-court statements inadmissible as hearsay unless the state provided the expert who had conducted the underlying test.

The result of this rule is two-fold.  First, it creates a requirement that the state provide the actual scientist to testify about the contents of the report.  Second, in lieu of that requirement, it allows the state to use a “notice-and-demand” statute that permits the state to alert the defendant that it intends to submit a lab report as evidence at trial. In that case, the defendant has the option to raise an objection to the admission of the report, which would allow the state time to bring the expert to court to testify.

North Carolina has applied the Supreme Court’s new rule in State v. Galindo (pdf).  The defendant in Galindo had 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. of trafficking, but while the laboratory supervisor testified, the actual scientist who had weighed the cocaine did not testify.  As a result, the NC Court of Appeals has held the state violated the U.S. Constitution’s Confrontation Clause.

Or you’re really nervous and don’t know what to do, and anxious about going to court.

The first thing is: relax. Court may seem intimidating. Lots of people are intimidated about it. But going to court is not the end of the world. Except for minor traffic offenses, you may have to go two or three times to court. The first time you go to court, not much will happen.

And if you’ve not yet hired an attorney before your court date, you just need to explain to the judge that you plan to hire a Raleigh, Cary, or Apex criminal lawyer and he’ll give you a new court date.

But you DO NEED TO SHOW UP IN COURT. Or you need to have an attorney appear on your behalf!

If you don’t show up or have missed a court date at the Wake County CourthouseThe Wake County Courthouse is located at 316 Fayetteville Street, Raleigh, NC 27601. Parking is available on the street or in nearby parking garages., you should call an attorney as soon as possible. Why? Because an attorney can make sure that you get a new court date, and can make sure that no Orders for Arrest have been issued for you.

You may have a good reason to miss your court date. Your kid could’ve gotten sick, the car could’ve broken down. Judges never like to hear, “Your Honor, I forgot.”

The important point, though, is to show the court that you really intend to appear for court, and you aren’t going to miss court dates again and again. An attorney may be able to make the case to the judge that he will make sure you will show up for court. That might help convince a judge to set a new court date, and strike any Orders for Arrest.

But here’s what you don’t want to happen: You don’t want to have an Order for Arrest issued so that the next Friday you get stopped for speeding, or a broken headlight or an expired registration, that the police officer checks his computer and sees that you have an Order out for your arrest, and locks you up in the Wake County Jail for a weekend.

If you have missed court dates and need a [#raleighlawyer#] to help straighten out the problem, call me at (919) 352-9411 weekdays, evenings, or weekends.

Police and investigators also know about these services, and they also know that lots of people under investigation may use Facebook, Twitter, MySpace – not just celebrities!

But there are problems with such services if you are facing a DUI, drug, misdemeanor, or felony charge.

I’ve seen instances of police investigators or detectives in Raleigh, Cary or Apex searching and printing out MySpace pages or Facebook pages where there may be evidence of “gang activity” (pictures of people flashing gang signs or referring to gangs), “drug activity” (admissions or pictures of people using drugs), or other sorts of activity that might suggest guilt. In many cases, these MySpace pages just show people having a good time, but, coupled with other evidence, they may suggest guilty or criminal conduct if ever presented 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..

This isn’t to mean you should be paranoid.  Police don’t regularly check Facebook or MySpace or other pages like that for criminality.  But if they’re investigating a crime, and think you may be involved or know who is involved, they may check to see if you have a MySpace or Facebook page.

Where can this evidence be most damaging?  Well, let me give you one example.  Let’s imagine you’ve been stopped for a DUI.  And let’s imagine your Facebook, MySpace or Twitter page have comments you made earlier in the night that you were going out to “party” or “drink” or “get wasted”.  Let’s imagine the police really want to nail you.  It’s very easy to do a search, find if you have such a page, find out if you’ve made comments that are incriminating, and use those to suggest 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. that you were planning to get drunk, and took no precautions when you drove your car.

Even if your Facebook or MySpace page is “private” it may not be completely private.  And even if it is private, the police could subpoena records from Facebook or MySpace of your “private” pages.  So simply making these pages “private” is not a solution.

My advice is obviously be smart about what you write on your Facebook pages, and what kind of pictures you post.  You don’t want to end up like Michael Phelps, where pictures of smoking a bong are used to prove criminal activity. And you don’t want to end up like The Hills star Stephanie Pratt who got stopped for a DUI and whose Twitter page listed her statement earlier that night that she was going out to party.

If you think you may be accused of a crime, or you’ve been stopped for a DUI in Raleigh or Cary or Apex, and you want to talk about how to handle Facebook, MySpace or Twitter social networking sites, give me a call at (919) 352-9411

Now, it’s true, some cases are very complex, and if you’re charged with murder, it’s going to cost you a chunk of change in order to hire a criminal lawyer, not to mention all of the experts you would need.  But, in truth, many criminal defendants in murder cases, especially the ones facing capital charges (the death penalty), have public defenders.  That’s because the costs of defending those charges would bankrupt a lot of middle class people.

But the truth of the matter is that criminal representation is very affordable, especially if it’s a non-murder case.  In addition, you can hire a criminal attorney to work on part of your case, and if you don’t have the money to hire him to defend you all the way until trial, you can apply to have a public defenderA court appointed lawyer is a lawyer appointed by the Court (sometimes via the Public Defender Office) to represent an individual in court. Only indigent (poor) people qualify for a court appointed lawyer. A public defender is a lawyer who is employed by the Public Defender Office and who only represents indigent (poor) clients. appointed to your case.  Public Defenders in Wake County are excellent.

But even if you expect to have a public defenderA court appointed lawyer is a lawyer appointed by the Court (sometimes via the Public Defender Office) to represent an individual in court. Only indigent (poor) people qualify for a court appointed lawyer. A public defender is a lawyer who is employed by the Public Defender Office and who only represents indigent (poor) clients., you should absolutely spend the $2,000 to $4,000 it costs to hire someone like me to represent you before your arrest, and at your early hearings.

That’s because there several points early in the process – your First Appearance Hearing, for instance – where having a criminal lawyer represent you can make a huge difference in the outcome.

For instance, the criminal lawyer can make the argument that you are not a flight risk or a danger to the community, and that you ought to be let out on a small bond.

That’s crucially important, so that you can continue to live with your family, go to work, live a normal life, and help in your defense.

Yes, criminal lawyers aren’t cheap.  But neither are they outrageously expensive.  And they are well worth the money.

So call today at (919) 352-9411.  I charge flat fees for all my services; you know what you’re getting up front, before you pay.  And I have payment plans so that even if you can’t write me a check on day one, I may be able to work with you to arrange payment in installments.

I think he was a bit skeptical, having dealt with other attorneys who had pushed pleas on him, and recommended he “take 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..”

But I had no trouble answering the question: I don’t care if the case is felony Robbery with a Deadly Weapon, a DUI, or Possession of a Controlled SubstanceA controlled substance is a chemical compound meant for human consumption that is regulated by the federal government or the states. The substances are categorized by 1 to 6 (I to VI). With Intent to Sell or Deliver.  I did not go to law school and become an attorney to 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. stuff out.

I went to law school to get 12 fine citizens in a box, to ask them whether they could decide a case fairly, and to fight for my client’s rights.  Now, 95 percent of a lawyer’s cases do not end up at trial.  That’s because there are a lot of factors.  And I will always recommend 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. if I honestly think that it’s in my client’s best interest.

But my job is not to push pleas on clients.  My job is not to serve as a messenger from the district attorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. for the latest 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. offer.  And if it’s obviously a bad 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. – if it’s a demand that the client pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. to the charge – then I will advise the client to go to trial.

In the end, it’s always the client’s choice.  It’s always the client’s decision, because it’s the client’s life.  And where the facts aren’t so good, and the law isn’t so good, and the client would be harmed by rejecting 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., I will tell the client that he should take 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..

But if I think it’s a lousy 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 if I think that the client would be better served by going to trial because I think the DA’s case is weak, I will say that too.

At the end of the day, you want a lawyer who is not afraid to recommend a good 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., and not afraid to go to trial to fight for your rights.  Call (919) 352-9411 to find out how I can be of service to you.

A Class A felony is first degree murder, punishable either by death or by life (without parole). B1 is the next series of crimes, and includes 1st Degree Forcible Rape, and 1st Degree Forcible Sex Offense.

B2 felonies are slightly less serious, including 2nd Degree Murder and Attempted First Degree Murder.

A B1 felony is among most serious felony in North Carolina for which the death penalty is not an option.

These are the ways that a criminal lawyer can protect you. And it really is not very expensive, when you consider what’s at stake.  For $2,000 to $4,000 you will protect your rights, protect your family, and stand a better chance of spending the time before your case’s conclusion out of jail.

Call any time – weekdays or weekends – at (919) 352-9411 for advice.

The answer is general no.

I don’t care whether you were in Timbuktu when the crime happened. You have no obligation to talk to police without a criminal lawyer present. And there is no way that you should talk to police without a lawyer present.

You should never lie to police.  In fact, lying to FBI agents is a federal crime, and giving a fake name to a police officer in North Carolina is a misdemeanor.

But you should not talk to police unless you are reporting a crime.  If you’re under investigation, don’t talk to police.

Now, you may be asking: I’ve got nothing to hide. Why shouldn’t I talk to the police?  The answer is that the police don’t know you didn’t do the crime.  They’re looking for suspects. And one way the look for suspects is to question people repeatedly until they rule them out.

One of the ways they trap people is by having them answer questions over and over again, and pointing out discrepancies in the stories.  Because no one tells a story the same way every time, police are trained at picking out differences between the first time you told a story and the second time you told the story.  And when they ask you a third time… well they’re just trying to see whether you tell it a different way.

Even if you’re innocent as the sky is blue, you should always talk to police with your lawyer present. And that’s because usually police don’t have a video, they don’t have blood samples, they don’t have DNA, and so they’re looking for inconsistencies in stories to show 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. that you were lying, or untruthful.

And if you did do the crime.  If you happen to be the actual perpetrator.  Well then you definitely don’t want to talk to police.  You want to keep your mouth shut.

Most of all: you want to get a criminal lawyer.  You want to call (919) 352-9411.

Police are not interested in finding the innocent, they’re interested in finding the guilty, and they’re interested in having 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. sort it out.  And you don’t want to be the guy sitting in the defendant’s chair as 12 citizens in a box decide whether you’re guilty or not.

1) A criminal lawyer will advise you not to talk to police, not to talk to any investigative agencies, and not to take a lie detector exam.  It’s easy enough to say to yourself, “I would never talk to police!” when you’re sitting in the comfort of your home.  But it’s another thing to have a police detective or officer or investigator come to your home, or ask you down to the police station for a “friendly chat” to “get your side of the story.”

Even if you are as innocent as the Pope and Mother Theresa combined, it’s very, very tempting to want to “get your side of the story out there” and to “explain what happened and why you didn’t do anything wrong.”

Criminal lawyers have been through this process many times.  Criminal lawyers know how it works, and how it will sound 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..  Even the most honest, innocent person in the world has little inconsistencies in his story when he tells it several times.  Don’t be fooled.  A police detective is trained to ask a defendant to “tell me what happened in your own words,” and then “tell it to me one more time,” and to “explain that part again.”  Over time, stories change, not because a suspect is lying, but because no one, even someone with a great memory, remembers everything perfectly.

What are almost always minor changes in a story, will sound awfully sinister and threatening if you ever reach trial.  That’s when a 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. stands up and says, “Mr. Detective, when you interviewed the defendant, didn’t he say X?”  “And when you interviewed him a second time, didn’t he say Y?” And so on…

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. can be led to believe that innocent changes in a story are not innocent, but evidence that you were either “unsure” or “being deceptive” or lying.

Criminal lawyers in Raleigh, Cary, and Apex know that there’s a time and a place to get your story out. And that’s if and when you ever go to trial.  It is absolutely essential that you have one story, and that that story be consistent with all the evidence, and that the story also be told once, at trial, with you on the stand.  It is absolutely essential that you not say anything before trial, to an investigator, to other people, to a lie detector analyst that could “be used against you in a court of law.”

2) A criminal lawyer has one job: to protect your rights.  He knows what your rights are.  He knows what the elements of the crime are.  He knows what 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. will eventually need to prove in order to find you guilty.  He knows how to protect each of your rights before trial begins, to spare you from going to jail at all if possible, and to get you released from jail if necessary before trial.

3) A criminal attorney can arrange a peaceful surrender.  You’ve seen the raids on America’s Most Wanted or The First 48.  You don’t want to be the subject of a raid.  In truth, unless it’s a violent felony with some reason to think you may be dangerous or in drug cases where the police may think you’ll destroy evidence before they make it through the door, the police rarely do no-knock raids.

But that won’t stop them from coming to your work, and arresting you in front of your coworkers or employers. Or at your kid’s baseball practice. The last thing you need is to jeopardize your employment, or be arrested in front of your wife and children.  Or your husband and children. Or your friends and family.  A criminal lawyer can help arrange a peaceful surrender. Not every police detective will accept a surrender.  Sometimes they just want to do a raid, or they want to arrest you in a public.  If a police detective is dead set on arresting you in this manner, not much can be done. But in Cary, Apex, Raleigh, and surrounding communities, there are many fine police detectives and officers who understand that there’s no need to make a big scene out of an arrest.

In many cases, your criminal lawyer can facilitate a peaceful surrender.  This shows to the District AttorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. and the police that you are being cooperative, while at the same time standing up for your rights.

4) You need someone – a criminal lawyer! – with a clear head to advise you.  In addition to advising you about your legal rights and your criminal situation, a criminal lawyer has been through this situation before.  Unless you’re a career criminal, you have not.  A criminal lawyer can be a voice of calming and reason.  If you’re arrested, you don’t need your husband yelling at you at that moment because he’s “freaking out.”  You don’t need your wife and children crying.  You don’t need your mom screaming, “What did you do!?”

You need someone there who knows that it’s “not the end of the world” and can calmly and carefully advise you to remain calm, to cooperate with police in the arrest and processing, while at the same time not giving up your rights.

Criminal lawyers have been through this before.  They know it’s not the end of the world.  They know how you should act, and what you should say and not say. They can also ensure that you’re treated humanely by the police.

5) Things you say to a criminal lawyer are strictly confidential.  If you ask your best friend for advice by saying, I did “X, Y, and Z. What do you think I should do?” you are in a world of trouble. That friend can be called as a witness and compelled to testify about what you said to him.  What you said is not hearsay, and it’s not protected by confidentiality rules.

However, you can confide in an attorney. There are only a few exceptions to the confidentiality rule.  A lawyer may not keep confidential any plans you have to commit future crimes.  For instance, if you come to me and say, “I’m going to rob Bank of America tomorrow, how can I do it without getting caught” and I believe you will rob Bank of America, I am compelled to tell authorities.  However, if you come to me and say, “Last Thursday I robbed Bank of America. No one knows it was me because I wore a mask. What can I do to avoid going to 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.?” I must keep that confidential because it was a crime in the past, and I can advise you about how to protect yourself.

The attorney-client confidentiality rules mean that if you talk to a criminal lawyer about your case, the criminal lawyer can advise you, and can’t tell anyone about what you told him.  In addition, a criminal lawyer will get into serious trouble if he ever reveals what you told him to another person.  An attorney-client confidentiality means that an attorney can give advice based on knowing everything about your case and situation.

An attorney-client confidentiality means that visiting a criminal lawyer early in the process gets you the best advice with the greatest protection.

6) Release from Jail.  The single most important part of the process – before a trial, that is – is a First Appearance Hearing where bail will be set.

The reason for this is that most felony cases are not put on the actual trial calendar in Wake County for at least six months.  And most serious felony cases can take between 10 and 16 months.  Some people have been in jail for two years awaiting trial.

Imagine sitting in jail for 4 months, let alone 10 or 24 months awaiting trial.  Let me give you a little hint: It’s not fun.  The conditions are awful, the food is terrible, and the other people in jail are not always the friendliest.

Your criminal lawyer can work with the District AttorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. or, if necessary, in front of the judge, to try to arrange a bond that will enable you to live out in the world, continue to work at your job, go home to your family every night and not live with the constant pressure of jail.

If you don’t have a criminal lawyer representing you in front of a First Appearance judge in Wake County, you will almost definitely not get as good a hearing.  That’s because a judge will not hear about all of the reasons why she or he should let you out, or give you a bond you can make.

Getting a criminal lawyer early in the process so he can help you put together a list of reasons why the judge should set a reasonable bond for you can make all of the difference in the world.

Even if you can’t afford the criminal lawyer for your actual trial, and you’re appointed a public defenderA court appointed lawyer is a lawyer appointed by the Court (sometimes via the Public Defender Office) to represent an individual in court. Only indigent (poor) people qualify for a court appointed lawyer. A public defender is a lawyer who is employed by the Public Defender Office and who only represents indigent (poor) clients., a criminal lawyer early will possibly save you months of being in jail.

7) Release from Jail.  What I’ve written above about Release from Jail is absolutely essential. Read it again. If I could capture and share with you the stink and smell of Wake County’s jails, especially in July and August, you would understand just how important it is to get some kind of 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. arrangement so that you can live a fairly normal life while you await the final disposition of your case.

I represent people at their First Appearance hearings for between $2,000 and $4,000.  That is money wisely spent, if it means keeping you out of jail for six or eight months while you await possible trial, dismissalA dismissal may occur upon a motion by a party, or by the prosecutor. A voluntary dismissal is a true dismissal where the charges are no longer pending. A dismissal with leave, also known as a VLA dismissal may occur upon a motion by a party, or by the prosecutor. A voluntary dismissal is a true dismissal where the charges are no longer pending. A dismissal with leave, also known as a VL, is a method of the prosecutor places the case into a holding pattern, usually because the defendant has failed to come to court on an assigned court date., is a method of the prosecutor places the case into a holding pattern, usually because the defendant has failed to come to court on an assigned court date. of charges, or a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. arrangement.

8) Wake County Public DefenderA court appointed lawyer is a lawyer appointed by the Court (sometimes via the Public Defender Office) to represent an individual in court. Only indigent (poor) people qualify for a court appointed lawyer. A public defender is a lawyer who is employed by the Public Defender Office and who only represents indigent (poor) clients..  The Public DefenderA court appointed lawyer is a lawyer appointed by the Court (sometimes via the Public Defender Office) to represent an individual in court. Only indigent (poor) people qualify for a court appointed lawyer. A public defender is a lawyer who is employed by the Public Defender Office and who only represents indigent (poor) clients. in Wake County is fantastic.  There are some truly fantastic lawyers who work as public defenders.  They are great lawyers, with a real sense of duty to indigent clients – the poor – who are unable to afford counsel.  If I were charged with a crime in Wake County, I would try to hire – even though it’s forbidden for them to work for private clients! – a few of the Wake County Public Defenders to represent me.

But they have a huge case load. In addition, they rarely appear at First Appearance hearings to argue bail.  That’s because they often are not appointed until after the First Appearance Hearing, where the judge will determine whether the defendant is indigent and entitled to a Public DefenderA court appointed lawyer is a lawyer appointed by the Court (sometimes via the Public Defender Office) to represent an individual in court. Only indigent (poor) people qualify for a court appointed lawyer. A public defender is a lawyer who is employed by the Public Defender Office and who only represents indigent (poor) clients..  Those two factors mean that Public Defenders may not be able to be there when you need them most.  That’s no slight against Public Defenders.  It’s just a fact of the way Public DefenderA court appointed lawyer is a lawyer appointed by the Court (sometimes via the Public Defender Office) to represent an individual in court. Only indigent (poor) people qualify for a court appointed lawyer. A public defender is a lawyer who is employed by the Public Defender Office and who only represents indigent (poor) clients. Offices across the country work.

9) Protect Your Family.  Your family needs to know that you’ll be taken care of, and that your rights will be protected.  Yes, it’s a financial burden to hire an attorney.  Yes, hiring me for $2,000 or $3,000 to represent you at a First Appearance Hearing, or for a trial is not what you’d prefer to be doing with your money.

But, frankly, given what’s at stake – 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., a 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. sentence – it is absolutely foolish not to hire a lawyer, even if only for the limited purpose of representing you and advising you what you should do preceding and during arrest.

Frankly, simple advice given early in the process can help prevent much worse consequences down the road, including very large legal bills, serious convictions, and potential 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.

10) Peace of Mind. Some people who think they might be arrested, worry that by going to a criminal lawyer they’ll “look guilty.”  And frankly, that’s bullshit.  People go to criminal lawyers (or any lawyers, really) because they are not experts in the law, and need some advice from a lawyer.  When a criminal lawyer is involved, that doesn’t indicate guilt. It can’t be used against you as evidence of guilt in a court.  And it’s only smart.

It’s a dirty little secret that everyone in the criminal justice system – lawyers, prosecutors, police, investigators and judges – knows that the only smart thing to do when faced with a possible criminal allegation is to hire a criminal lawyer.

Every 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. I know would never talk to a police officer if they were under investigation for a crime.  Every police officer knows that it’s silly to talk to a police detective without a criminal defense attorney present.

The only people who think it’s bad to talk to a criminal lawyer are people who have never been arrested, or never been investigated for a crime.

But believe me, everyone else knows that if that ever happens to you, the first thing you should do is get a criminal lawyer.  Call me at (919) 352-9411 if you ever want to talk confidentially.