I’ll paraphrase a question I recently was asked: My son has a $500,000 bond trying to get it reduced. He as a court appointed lawyer. I need to know the steps to getting a bond reduction and how long does it take. These are not steps you should take. They are steps his lawyer should…
Since 1966, the Supreme Court has had to reinterpret Miranda law. Miranda law first was developed in a 1966 case – Arizona v. Miranda – in which the Supreme Court ruled that when a suspect is interrogated in custody, the police must read him his rights. And if he invokes his rights, the police must…
The United States Supreme Court issued an important opinion last week involving the Eighth Amendment to the United States Constitution. The Eighth Amendment – in addition to prohibiting excessive bail – prohibits “cruel and unusual punishment.” Most people are familiar with that prohibition because of the continuing controversy over whether the death penalty is “cruel…
The “confrontation clause” of the Sixth Amendment to the United States Constitution provides that “in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him.” This little phrase has created a whole library full of commentary and legal opinions. At its core, the phrase is simple enough: a defendant ought…
There’s legal theory, and then there’s legal practice. The two are not the same. Not too long ago I sat through two classes on criminal procedure – your standard 4th, 5th and 6th amendment class on rights against illegal searches and to an attorney before trial and a class affectionately known as “Bail to Jail”…
If you watch police shows on television, often police will forget to read the defendant his rights. Then the lawyers in the show will argue that his “Miranda rights” were violated and he should be let go.
In the real world, defendants rarely benefit from the protections in Miranda. That’s because police usually do read [...]
Each year by tradition the Chief Justice of the Supreme Court of the United States – the highest judicial official in the federal system – gives a year-end report in which he describes the work of the judicial branch to Congress. This year Chief Justice John Roberts wrote a report that indicates that the federal [...]
What’s the difference between a DWI (Driving While Impaired or Driving While Intoxicated) and a DUI (Driving Under the Influence)?
Nothing. Each state has its own drunk driving statute, and each state calls it something different.
In North Carolina, the statute is N.C.G.S. 138.1 which defines the crime of Driving While Impaired. That’s why you’ll find that [...]
I usually encounter people AFTER they have been stopped by a Raleigh, Cary or Apex police officer, and after they have gotten into trouble.
Here’s how a typical interview with a potential DWI client goes.
Me: “After you pulled over to the side of the road, and the police officer approached your door, what happened next?”
Client: “The [...]
If you’ve been charged with making a harassing phone call, you probably have been accused of violating NCGS 14-196 which makes such acts a Class 2 misdemeanor. Assuming you have never been in trouble before with the law, if convicted, you would be sentenced to a “suspended sentence” (no jail time) and either community service…