I prepared this special document for my clients to let them know exactly where to go, where to park, how to dress, and how to behave at court. This document is designed to eliminate the fear of going to court, and to make it a less nerve-wracking and frightening experience.

If you are headed to court 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., feel free to use this as a guide. If your attorney has not instructed you on how to act, you should ask him or her how he wants you to dress, where he wants you to show up, and so forth.

If you’ve got any questions, feel free to contact me at (919) 352-9411.

My location has ample parking, and I take a variety of various payment methods, including check, credit card, and PayPal. In addition, I have payment plans that allow clients to pay in affordable sums during the course of the case. Since most cases last a number of months, payment is usually not an issue.

First, the officer must have a reason to stop the car. In many cases, the officer may observe illegal activity. For instance, if the car is speeding, that is a violation of the law, and the officer may stop the car to issue a ticket. Or the headlights have not been turned on. Or the light that is supposed to illuminate the license plate is not functioning. Or the tags have expired. These, and dozens of other infractions or criminal acts, may allow the cop to stop the car.

The officer then may issue a ticket. If the officer observes evidence of other illegal activity taking place, then the officer may conduct a further investigation, which must be brief, in order to determine whether there is additional illegal activity – in this case 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. – taking place.

What other facts can tip the officer off that there is an ongoing 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. taking place? If he smells alcohol from the driver, or bloodshot or glassy eyes, soiled clothing, fumbling fingers, alcohol containers in the car. Or, if the officer asks the driver whether he’s been drinking, and the driver says “yes.” A combination of these factors can given the officer a reasonable, articulable suspicion (RASReasonable suspicion is the level of proof required to stop a vehicle or conduct a Terry Stop, where there is no apparent evidence of a crime. Reasonable suspicion is more than just a hunch.) that the driver is committing an additional crime of driving while intoxicated.

A reasonable articulable suspicionReasonable suspicion is the level of proof required to stop a vehicle or conduct a Terry Stop, where there is no apparent evidence of a crime. Reasonable suspicion is more than just a hunch. is justified by “specific, articulable facts” which would lead a police officer “reasonably to conclude in light of his experience that criminal activity may be afoot.” State v. Battle, 109 N.C. App 367 (1993).

The Wake County Court HouseThe Wake County Courthouse is located at 316 Fayetteville Street, Raleigh, NC 27601. Parking is available on the street or in nearby parking garages. is located on S. Fayetteville Street, between Martin and Davie streets in downtown Raleigh.

Here is a link to the courthouse webpage.

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.

So for instance, if someone gets drunk at a bar, and then goes out into drive and kills someone as a result of intoxication, the bar may be held liable to the people injured (or family of people killed) by the drunk driver.

A Michigan club has settled with the family of a man who was killed in a 2006 crash.  The bar served the man shots and beers until he passed out and vomited. He then drove home, and crashed his car, causing a nine-vehicle crash that injured three people, and killed one.

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

In addition, there are mandatory minimum sentences for trafficking, and Wake County’s 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. has a very tough approach to drug crimes in the county.  More is available here.

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.