Amos Has Found His New Home at Parry Law, PLLC
I'm excited to share that I've recently joined the esteemed team at Parry Law, PLLC. With a strong commitment to delivering exceptional legal services and a dedication to client satisfaction, I'm eager to contribute my expertise to our collective mission. Stay tuned for insightful updates and valuable perspectives as I embark on this exciting new chapter with Parry Law.– Amos
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Is Cruelty the Only Option?
5/09/2023Jimmy is a short, stout man. He has a huge smile surrounded by full cheeks. The tone of Jimmy’s voice matches that of other adults his age, but his speech is garbled. It is as if something interferes with the words as they make their way from his mouth to our ears. His message is sometimes unclear, but always offered with enthusiasm and affection. For the last eight decades, Jimmy has disrupted the masculine sensibilities of his coastal community with big embraces of women and men alike. The story is that Jimmy suffers from a developmental disability (although no one used that term until recently), caused by some serious illness as an infant. He did not mature physically or mentally with his peers. Jimmy’s family and the rest of the small coastal community surrounded him with love, support, and fierce loyalty. Before his retirement, Jimmy was a hard worker, but his developmental problems limited his options. In the ‘60s and ’70s, he worked mostly as a farm hand or laborer. He responded with energy and enthusiasm. Jimmy approached simple, mundane tasks with fascination. What others saw as drudgery, Jimmy saw as opportunity. ; My parents lived in the same community as Jimmy. My parents had married at a Baptist church near my mother’s childhood home. After a small reception in the church fellowship hall, they returned to my grandparents’ home to gather their suitcases (stored in separate bedrooms) before leaving for their honeymoon. ; In telling the story of what followed, my father implied that he was in a bit of a hurry. He entered the house to pull together a few items for the trip, when my maternal grandfather approached. My grandfather was not always talkative but tended to proceed at length and wander far once he started. He followed my father throughout the house offering marital advice and tips for a successful relationship with my mother. ; Anxious to get away, my father remembered only one of my grandfather’s statements: ;“She’s high strung now!” I was with my mother one of the first times I saw Jimmy. I had not started school yet. He was working for a farmer near our home. A couple of teenagers were with him when he greeted my mother with a huge smile and said something I could not understand. ; Before my mother could respond, the boys mocked Jimmy’s speech. It was one of the few times I ever saw his smile disappear. Unfortunately, those boys had not heard my grandfather’s warning. My mother’s response was swift, fierce, and focused. She educated with a verbal assault that was harsh but packed a simple message. ; ; ; Jimmy’s differences are not his choice. ; ; ; ; He’s reminded every day of his differences. ; ; ; Cruelty is beneath you. I have thought of that short encounter often over the last few weeks. Small coastal communities are rife with hypocrisy, just like any other community. The love and support showered on Jimmy is inconsistent with that same community’s history as “a sundown town.” ; But we cannot argue with the results of its support for Jimmy. Instead of treating him as a burden or marginalizing him, the community rallied to support him and his family. He contributed with his labor, redistributed his earnings, and spread joy along the way. ; Whatever the views or whomever the messenger, considering, embracing, or celebrating differences seems out of fashion. So often we leverage available power to avenge our grievances through cruelty. ; Those with political power legislate or threaten legislation to rouse our worst instincts. ; Those with a social media platform attack real or imagined enemies. ; We shout speakers offstage with angry rhetoric to quiet what we interpret as angry rhetoric. ; Creating culture wars for the sake of political advancement may be a successful strategy but comes at great cost to those who live within the divided communities. Civil liberties, including freedom of speech, privacy and civil rights, evolved and flourished through open debate. So often our tactics undermine the interests of those they are designed to serve. Politicians in Iowa propose legislation aimed at small, marginalized groups of people while lamenting the exodus of young people from the state, especially the small, rural communities in the state. Maybe their views are principled, but a cost-benefit analysis exposes their substantial expense to the community. ; It is not my business to cancel the culture wars, bridge political divides, or impose standards of discourse for the extremes. ; But I have talked to hundreds, if not thousands, of prospective jurors throughout the state during the last four decades. People from all walks of life. I have accepted laborers, chief executive officers, schoolteachers, college students, law enforcement officers, ministers, young, old, healthy, disabled, and illiterate. ; When forced to question and respond in a respectful, dignified manner, we learn so often that we are less different than we might imagine. We are often willing to overlook our differences when confronted with the reality of our decisions on the lives of those among us who are different. ; And that we can differ without cruelty if we are half a mind to try. The investment may pay us back exponentially. P.S. ; Jimmy’s last job was running an auto repair shop with his brother’s help. Of course, Jimmy isn’t his real name.
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A fool for a lawyer
12/29/2022My first court appearance representing someone was in Jones County, North Carolina nearly thirty years ago. My friend got a speeding ticket on his way to the beach. Because of the complexities of the way insurance companies and the North Carolina Department of Motor Vehicles address traffic offenses in North Carolina, lawyers routinely represent people in court for speeding violations. My friend was speeding about twenty miles over the speed limit. He had no offenses within the preceding three years. I appeared in Jones County that morning. A friend took me to a room behind the courtroom where I encountered a short, stocky man smoking a big cigar. He nodded when my friend introduced me as a new lawyer and identified him as the presiding judge. I negotiated a disposition with the prosecutor where he entered a plea to speeding sixty-four miles per hour in a fifty-five mile per hour zone. When the prosecutor called the case, I stood and through my nerves entered a plea of responsible to the infraction. That disposition prevented the insurance company from raising my friend’s insurance rates.In exchange, I got a box with several high-quality cigars. The next time my friend and I were together, we each smoked a cigar and toasted a favorable outcome in my first court appearance. A few months later, my friend got another ticket in a county far from where I practiced. This time, he had to hire a lawyer or appear for himself. Aware of the outcome in the recent case, he decided to represent himself. My friend made this decision without consulting me first. My friend’s strategy was to ask the prosecutor for a reduction to speeding nine miles over the speed limit, just like I had done for him in Jones County. He would save the legal fee and prevent his insurance rates from increasing. Unfortunately, my friend’s understanding of the law was flawed. As I later explained to him, speeding nine miles over the speed limit when you have no prior moving violations within the immediate three-year period does not affect your insurance rates in most cases. His problem was that we had entered a plea to a moving violation to resolve his prior speeding ticket, which was only a few months earlier. The reduction to speeding nine miles over the limit for the second offense did not come with the same protections. His insurance company could, and did, raise his rates. The rate increase continued for three years, costing him thousands of dollars that he would have saved by hiring a lawyer. Certainly, people appear in courts every day to negotiate their own traffic tickets. Some do so successfully. That is their right. For some people, it is their best option. At the same time, it hardly seems worth the risk for most people who can afford to hire a lawyer to resolve the charge. The fees are manageable for most people. The transaction is more convenient because most cases can be resolved if the driver authorizes the lawyer to appear in the driver’s absence. Most importantly, the lawyer should understand the consequences of the negotiations before entering the plea. Even when the result is not the driver’s favored disposition, the driver should have an accurate accounting of how the plea impacts the driver’s privilege to drive, license points, and insurance rates.We have tried and negotiated favorable dispositions in thousands of traffic cases over the last thirty years. We understand the inconvenience, costs, and consequences of these offenses. We will help you manage the frustrations associated with these offenses efficiently. Our approach is cost-effective. And you leave with a full understanding of the consequences of any disposition. In the event you decide to represent yourself, however, links to the North Carolina Department of Insurance website follows. https://www.ncdoi.gov/consumers/auto-and-vehicle-insurance/safe-driver-incentive-plan
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Everyone Tells Me They Had Two Beers
12/29/2022Years ago, a young man described an encounter he had with a seasoned State Trooper. The Trooper was stationed outside a local beer joint in a small town in Eastern North Carolina. He saw the young man leave the bar, walk to a small car, and drive away. Nothing about what he saw gave the Trooper any reason to stop the man, other than he was leaving a bar, but he decided to follow anyway. The small car drove within the speed limit and carefully across a bridge near the bar. Nothing jumped out at the Trooper except that the driver seemed to take great pains to follow the rules. Isn’t that what a driver is supposed to do? The Trooper had a hunch and decided to stop the man. He approached the car to encounter a clean-cut, polite young man who answered all his questions clearly and without hesitation. At the same time, the young man was extraordinarily nervous. When asked if he had been drinking that evening, the young man responded, “yes, sir.” The Trooper asked how much, and the man said, “two beers.” The Trooper asked the young man to exit the car for field sobriety tests. He passed the tests and ultimately registered very low on a potable breath test. After getting up his nerve, the young man politely and hesitantly asked the Trooper, who had a gun and a badge, why he stopped and investigated him for impaired driving. The Trooper told him the truth, “You operated your car within the speed limit. You were incredibly nervous. And everyone tells me they have had only two beers.” The young man responded, “well, my mother is a strict Baptist and all I could think about was telling her I had been arrested for driving while impaired.” And, he really had only two beers that night. Luckily for him, those two beers were not enough to cause impairment or push him toward the legal limit for driving while impaired. The story of this encounter emphasizes the reality in a society dependent on cars for transportation. Good people drive after drinking. Sometimes, they drink more than allowed by law. Often, it is difficult to know when you have drunk enough alcohol to cause impairment or push yourself over the breath alcohol concentration that makes driving illegal. That is called driving while impaired in North Carolina. It is a crime even if most offenders are irresponsible instead of malicious. We hope this report answers some common questions about driving while impaired in North Carolina. How Does North Carolina Define A DWI? There are two ways to be convicted of driving while impaired in North Carolina: (1) You operate a vehicle on a public vehicular area with a breath alcohol concentration of .08 or greater or, (2) You operate a vehicle on a public vehicular after having a sufficient quantity of some impairing substance to appreciably impair your mental or physical faculties. Under the second prong of the statute, the substance that appreciably impairs the mental or physical faculties does not have to be alcohol. It can be a prescription drug, an illegal drug, or some other impairing substance. In other words, you would not have to shows signs of a 0.08% breath alcohol concentration if your faculties were appreciably impaired. At the same time, if you have a 0.08% breath alcohol concentration, you are guilty of driving while impaired, even if your physical or mental faculties are not appreciably impaired. What Are Common Misconceptions People Have About Being Arrested For DWI? Many people have misconceptions about the law related to driving while impaired. Three common misconceptions follow: (1) A person must take roadside, or standardized field sobriety, tests. (2) It is always an advantage to avoid blowing into the breath machine at the station. (3) There is no defense to the charge. The misconceptions are understandable because the science related to breath alcohol concentration, the driving while impaired statutes, and the legal proceedings are complicated. That causes people to conclude a driving while impaired (DWI) charge is the end of the world and that they have no defense to the charge. Neither is true. When Should Someone Plead Guilty To DWI? In general, a DWI arrest is only going to happen once. A young woman who weighs 110 pounds and cannot believe she blew a .08% after only a couple glasses of wine is unlikely to take any risks with alcohol in the future. We encourage clients to make every effort to keep a good record clean. We explain the ramifications of a conviction and point-out that pleading guilty guarantees that they suffer all those ramifications. The more we approach driving while impaired defenses like we would any other serious case, the better we serve our clients. In any other case, we investigate the facts, evaluate the options, and help our clients decide whether to proceed to trial or enter a guilty plea. We conduct a thorough investigation and evaluate the case before deciding how to plead. Many cases have defenses, and avoiding a conviction has many great benefits. For most people, that starts with keeping a good record clean of a criminal conviction. A driving while impaired carries significant costs and penalties are enhanced for a subsequent conviction. Pleading guilty, may be the right decision, but only after hiring an experienced criminal defense lawyer to investigate the case, evaluate your options, and help you decide how to respond to the charge. What Is The DWI Procedure In North Carolina? Everything begins with the stop. This point in the process is important, because it is a common challenge to a driving while impaired charge. After the stop, the officer investigates to determine whether probable cause to arrest exists. If so, the officer takes the driver to the station and offers the driver a breath or blood test. If the driver registers a breath alcohol concentration of .08 or greater, the officer takes them before a magistrate, who will issue a warrant, set conditions of release, and enter an order revoking their license for thirty days. Most people are released following a driving while impaired charge, but anyone arrested for DWI has the right to contact potential witnesses if detained. A driving while impaired charge is a misdemeanor in most cases and begins in district court. The court will schedule a first appearance to determine whether the driver wants to hire a lawyer or request court-appointed counsel. When we are hired, we appear for our clients at the first appearance and have the case rescheduled. The next step is to obtain all documents and recordings related to the police investigation. After reviewing that information, we attempt to interview the officer and any witnesses to the events leading up to the arrest. In North Carolina, any person charged with driving while impaired loses the privilege to drive for at least thirty days. After satisfying certain obligations, like obtaining an alcohol assessment and producing proof of valid insurance, the driver may be eligible for a limited privilege to drive to and from work after ten days without a license. After thirty days, most people can regain their license by paying a civil revocation fee. They keep the license while awaiting trial for the driving while impaired charge. In our jurisdiction, court dates are often rescheduled several times before we are able to schedule a trial. These delays allows both sides to gather investigative reports and recordings related to the arrest. Blood tests take longer and can cause lengthy delays. Sometimes these delays are beneficial. Other times, we push the cases to trial sooner. Each situation is different so the timing of the case is always part of our conversation with our clients when defending against a driving while impaired charge. Almost all misdemeanor driving while impaired cases are tried before a judge. If convicted, a client has ten days to appeal for a de novo trial before a jury. What Can Someone Expect When They Are Released from Jail? First, meet with an experienced lawyer. A good lawyer will begin investigating the case immediately. The first few days are generally a busy time. Your lawyer will enter an appearance in court. You will obtain an alcohol assessment to support your petition for a limited privilege to drive during the thirty-day pretrial revocation period. You must gather a document from your insurance carrier to satisfy the court that you have insurance. During the first court appearance, the court will determine whether you qualify for a court appointed lawyer or plan to hire counsel. If you hire a lawyer, that lawyer can enter an appearance and have the case moved to a new date to prepare your defense. What Happens To The Driving Privileges At That Time? If you are arrested, your license will be suspended for thirty days. If you need to drive to work, however, we can get you a limited privilege to drive back and forth to work after ten days, assuming you meet certain requirements. After thirty days, the Clerk of Court will return your license after you pay a civil revocation fee. Are Occupational or Hardship Licenses Available In North Carolina? Limited privileges are available if certain conditions are satisfied. For example, if you are a caterer and have to drive all hours of the night and weekends, judges usually grant a privilege, if you are eligible. Now, it is critical to understand that that privilege means exactly what it says. It is a privilege to drive to work. It does not mean you can go to a movie. A person cannot have any alcohol in his system while driving with a privilege. What Are Potential Penalties For A DWI Conviction? Most people are not sentenced to significant time in jail for a DWI conviction, especially for a first offense. The exception is when someone is injured as a result of the driving, or when someone is driving with a child in the car. For most people, the greatest penalties are the collateral punishments associated with a driving while impaired conviction. These punishments are not directly associated with the judge’s sentence. Examples of these collateral punishments include loss of your license, increased insurance, potential job problems, and creating a criminal record. These consequences create lingering burdens for anyone convicted of driving while impaired. What Factors Can Enhance Or Aggravate A DWI Charge? The biggest factors that aggravate a DWI charge are injuries or death caused by the driving that resulted in the DWI conviction. That is the case whether you have a clean record or multiple DWI convictions. A conviction to driving while impaired causes a mandatory jail sentence if the driver had a passenger under eighteen years old in the car at the time of arrest. Next, a subsequent conviction within a seven-year period requires a minimum jail sentence. Even if the judge found mitigating factors, the grossly aggravating factor of having a prior conviction would force the judge to sentence you to some jail time. Assuming there is only one grossly aggravating factor, a jail sentence could be up to a year. For a third offense within a seven-year period, the sentence could be up to two years in prison. So, the potential active punishment increases with each conviction for driving while impaired. Receiving a DWI while your license is revoked for another DWI charge is also a grossly aggravating factor that requires the judge to sentence the driver to some period in jail. Are Drug DWI Cases Easier To Defend Than Alcohol Related DWIs? Driving while impaired charges based on driving after consuming an impairing substance other than alcohol adds a level of complexity. The law is unsettled about certain standards for determining impairment. The defense may want to consult an expert to evaluate the blood sample or assist with the cross-examination of the state’s expert. Even if there is little scientific support that shows when a person is impaired based on the concentration of a chemical in the blood, a person can be convicted if they are appreciably impaired by a substance. A particular concentration is not required. Can The Accuracy Of A Blood Test Be Challenged In A Drug DWI Case? The accuracy of a blood test result- in terms of the significance of the concentration of a drug- can be challenged. Whether the driver was impaired by a chemical present in a blood sample is always a question. There are often questions about the protocols and the procedures that used to acquire the sample as well. More often the question is whether the person was impaired at the time of driving by a particular substance discovered in a blood sample taken sometime after driving. Most states have yet to develop a particular standard. In North Carolina, a blood alcohol concentration of 0.08 is the limit set by statute for alcohol. There is not a particular standard for other substances. The questions are whether a blood test revealed the presence of an impairing substance and whether the substance caused impairment at the time the driver operated the motor vehicle. How Much Does Someone Have To Rely On Science In Defending A Drug DUI Case? All drug impairment allegations require us to research scientific articles. Sometimes we hire experts to help us determine the impact of the presence of a particular substance in a blood sample. Many drugs are not impairing. We may have a question whether a particular substance is impairing or whether it is impairing at a particular concentration. Consulting experts is common in these situations. What Happens After Someone Is Pulled Over On Suspicion Of A Drug DWI? Some police officers are certified as Drug Recognition Experts. They claim to have the ability to determine whether a person is under the influence of drugs based certain features of the person’s appearance. If the officer who stopped the driver is not certified, they may call someone who is certified to come to the scene and determine whether probable cause exists that the driver is impaired by some drug. If the officer finds probable cause, they are going to arrest the person and ask them to consent to a blood test. If a person consents to a blood test, a nurse or other certified person will draw a sample of blood for the lab to analyze in effort to determine whether the person has drugs in their system. There is nothing illegal about driving with drugs in your system it’s only illegal to drive while under the influence of an impairing substance. If the person doesn’t consent to a blood test, officers will seek a search warrant from the magistrate. If the magistrate issues a warrant, they’ll take the blood sample based on the warrant and send it to the lab for analysis. Depending on the results of the blood analysis, the defense may need to hire independent experts to review the analysis. In some cases, the defense hires a lab to conduct an independent analysis of the blood sample. What Are Penalties Associated With Refusing A Blood Test In A Drug DWI Case? If probable cause to arrest for an implied consent offense (also referred to as an impaired driving offense), the officer can request that the person submit to a chemical test. If the officer has reason to believe that the driver is impaired by something other than alcohol, they will probably ask the person to submit to a blood test. Under these circumstances, refusal to submit to a blood test will result in a magistrate issuing an immediate revocation of the person’s license. In response, the North Carolina Department of Motor Vehicles would revoke the person’s license for a year. The driver would have the same hearing rights to contest the revocation with the Department of Motor Vehicles as for refusing a breath test. Should Someone Ever Admit Taking A Drug To An Officer? I advise people in most cases to avoid speaking to an officer without the advice of counsel. If you choose to talk to an officer, however, you should tell the truth. Volunteering information regarding past drug use can be detrimental in two ways. First, admitting to drug use may provide law enforcement with probable cause to take a blood sample. Secondly, if they get a blood sample, they are ultimately going to rely on the results from that test rather than your word. Making statements inconsistent with what the blood test shows will hurt your case. Even if you are honest and the blood test results are consistent with what you said, the question remains: were you impaired by the substance? The judge or jury is going to make that determination based on what the experts say about the concentration of drugs in the blood and the evidence witnesses observe at the time of the offense. What Happens If Someone Refuses A Chemical Test? After an arrest for driving while impaired, the arresting officer offers the driver the opportunity to take a breath or blood test. The officer decides which test to offer. In North Carolina, the driver has a statutory right to refuse a breath or blood test, but that decision has consequences. First, driving while impaired is an implied consent offense. That means every driver agrees to take a chemical test when they decide to drive. You can refuse but are accepting a penalty of an automatic suspension of your license for one year based on the refusal. That penalty is imposed a short time after arrest and is not dependent on a conviction. Significantly, you are ineligible for a limited privilege to drive for six months. While avoiding a chemical test may be beneficial to your defense under some circumstances, the automatic loss of your driving privilege without the ability to obtain a limited privilege for six months is a significant burden to most people. Second, the arresting officer may seek a search warrant for blood after a driver refuses. If the search warrant is granted, the driver must provide a blood sample, the state tests the sample, and the driver loses their license for a year based on the refusal. That practice does not mean the driver should submit to a chemical test in all circumstances but the consequences for refusing are a significant consideration. Third, a refusal can be held against the driver in court. Judges differ on the amount of weight to give a refusal. Some judges recognize that drivers have understandable suspicions about the process. Particular judges give refusals little weight and focus on the driving, interaction with the arresting officer, and the field tests to determine whether the driver was appreciably impaired. Others assume that a driver must be hiding something if he refuses to take a chemical test and weigh refusals substantially in favor of impairment. A driver has to expect a judge or jury to consider refusing a chemical test as a factor in favor of impairment. Additional Information About Chemical Test Refusals If a person refuses to submit to a chemical test, the person should request a hearing with the Department of Motor Vehicles. Those hearings are difficult to win but can be valuable. Sometimes we win the refusal hearings and avoid the automatic license revocation. In almost all cases we obtain valuable information during the hearings that can assist in the defense.
Short Reports
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What Is The General Timeline Of A Drug Case In North Carolina?
11/05/2020In state court, it depends on the kind of drug case, the speed at which the prosecutor pursues it, and whether the accused is released pending trial. In many cases, the state must test the substance to determine that it’s an illegal drug. If the case is charged as a felony offense, it usually winds through district court and preliminary proceedings before being presented to a grand jury for an indictment. If the person is indicted, the state must provide the defense with the contents of its entire investigation, including reports, recordings, and laboratory results. It is not uncommon for drug cases to take up to a year or more to get to trial. Federal court is different because the government selects cases differently. In general, the government pursues cases involving larger conspiracies or greater amounts of drugs. Lots of times the investigation is complete before the government adopts the case so a trial will be scheduled more quickly. In the Middle District of North Carolina, a person charged with a drug offense may have a trial within forty- five days of the first appearance on the charge. What Are The Potential Penalties Associated With A Drug Related Conviction? Penalties for drug convictions vary widely, depending on the substance, whether the person is charged with possession, intent to distribute, or sale. Trafficking offenses expose people to the highest penalties in state court. Trafficking in North Carolina is based on the amount of a particular drug. For example, possession of 28 grams or more of cocaine exposes a person to a trafficking offense. There are several ways you can be convicted of trafficking, including possession, manufacture, sale, distribution or transport. Each method of trafficking is a separate offense so a person who drives to a location and delivers a trafficking amount of drugs to someone may be convicted and sentenced for trafficking by possession, transport, and delivery of the drugs. Possession in excess of ten pounds of marijuana is trafficking. Some substances require less than an ounce to rise to a trafficking amount. The penalties for trafficking are set by statute and vary based on the substance. If the weight of the drugs is lower than a trafficking amount, the penalties vary based on the classification of the drug and whether the conviction is for possessing, possessing with the intent to distribute, or selling the drugs. Most drug offenses start with a potential probationary sentence, but increase with each conviction. A person with a criminal record is exposed to a longer, more severe sentence. For some possession offenses, a judge has discretion to give a person the opportunity to complete a probationary sentence and have the conviction discharged. The judge can put the person on probation and impose requirements, like community service and attending drug treatment. At the end of the probationary period, the conviction will be discharged if the person successfully completes the conditions of the sentence. How Do You Feel About Alternative Punishments Or Diversion Programs? There are good and bad alternative programs. I focus on whether the program is going to help my client under the circumstances of the case. A good program may not be in my client’s best interest in some situations. Sometimes the consequences of being in a drug court are not beneficial, given what the person is facing. Other times, it is the only way for the person to escape severe consequences, so it just depends on our options. There are programs created to allow a person to participate in treatment, accomplish goals, and have the case dismissed. Other programs require a conviction, include greater scrutiny, and offer more opportunities to fail. I am less fond of those programs, but will consider them if they benefit my client. What Are Some Potential Defense Strategies Used In Drug Cases? It is not that uncommon to have clients, especially in a college town, drawn into cases where they are not guilty. I have had plenty of cases over the years where my client was accused of possessing drugs because he was in a car or house where drugs were located, but my client was unaware of the presence of the drugs. It sounds obvious, but one defense strategy is actual innocence or “I am not guilty of possessing the drugs.” Another situation is where a person is accused of distributing drugs, but possessed the drugs for her own use. The fact that she was not in the business of distributing or selling drug is a defense. It may not be a defense to the whole case, but may be a defense to the distribution charge. In all trafficking offenses, the weight is a critical element so we will scrutinize and may challenge the weight of the drugs involved. Many drug charges create issues about the search and seizure. Is there a search warrant, is the search warrant valid, or, if not, did the police observe the person’s constitutional rights under the Fourth Amendment? Search and seizure issues are commons challenges in drug cases. For more information on Timeline Of a Drug Case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (919) 967-0504 today.
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What Is The Difference Between Murder, Homicide And Manslaughter?
11/05/2020Homicide is simply the unlawful killing of a human being, and it covers both murder and manslaughter. This includes intentional killing, and under certain circumstances, unintentional killing. Generally speaking, murder is defined as the unlawful killing of a human being with malice. Sometimes that includes premeditation and deliberation, sometimes it does not. Under certain circumstances, an act of gross negligence can be considered murder. There are two types of manslaughter: voluntary and involuntary. The former is usually a lesser included offense to some murder charges where there may be some justification for force. The latter is usually an unintentional killing with negligence or gross negligence. Are There Different Degrees Of Charges That Fall Under Homicide? There are two degrees of murder: first and second. First degree murder involves premeditation and deliberation, whereas second degree murder does not. The exception is that if a person is killed during a burglary or robbery, then the person who committed the killing is guilty of first degree murder- even if they didn’t premeditate or deliberate. In North Carolina, a murder that occurs during the commission of certain violent felonies such as burglary, robbery, and even some drug crimes can be considered a felony. If a person commits murder in the absence of premeditation and deliberation, it could be due to a mental health problem that prevents them from premeditation and deliberation. Alternatively, a person who commits a murder could have believed that they were justified in doing so, despite facts to the contrary. In some cases, a killing may lack premeditation and deliberation simply because the situation did not allow time for it. The two types of manslaughter are involuntary and voluntary. Voluntary manslaughter is generally a lesser included offense with murder. In some circumstances, involuntary manslaughter can be a lesser included offense of second degree murder, but it’s generally an unintentional killing. For example, a car wreck or some kind of accident in which a person died due to the gross negligence of another individual would be considered involuntary manslaughter. It is important to keep in mind that there are various factors that lead to certain types of offenses, but these are the general differences between murder and manslaughter. Are Murder And Manslaughter Charges Bondable Offenses In North Carolina? In North Carolina, a person accused of first degree murder has a right to pretrial release. However, if a person is accused of committing a capital crime, and the case has been declared to be a capital case, then that person does not have a right to pretrial release. Theoretically, if a case is not declared capital- meaning that the state is not going to pursue a death penalty- then pretrial release is an option. That being said, the bonds are generally set so high for these cases that very few people are able to afford it. Of course there are exceptions to this, and there are times when people do get released on first degree murder charges. Second degree murder charges often result from vehicular homicide situations in which the person who caused an accident is accused of having done so with malice. Usually, that includes some prior conviction for driving while impaired. For these types of charges, people are often released on bond. It’s also not uncommon for people charged with manslaughter to be released on bond, since manslaughter charges are not as high a level of felony as murder. However, these lower offenses are charged less often. The most common homicide charge is probably first degree murder. I don’t have statistics for that, but I don’t see many charges of second degree murder or manslaughter. The short answer is that for all of these charges, a person would be eligible for bond with the exception of first degree murder charges where the state is pursuing the death penalty. Under those circumstances, a judge could set bond, but it is not required. For all the other charges, a judge has to set conditions for release. The higher the level of offense, the more difficult it is to meet those conditions. One of those conditions is the monetary portion of the bond, which is usually the factor that is most difficult to fulfill. For more information on Difference Between Murder Manslaughter, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (919) 967-0504 today.
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What Is Considered To Be A White Collar Crime
11/05/2020White-collar crimes are not a legally recognized category of offenses, but crimes involving allegations of fraud, deceit or theft often carry that label. Many federal offenses are considered white-collar crimes. The name is associated with offenses that often implicate people in a business, a financial institution, or a government entity, as opposed what someone might call a street crime, like robbery or assault. Are All White Collar Crimes Prosecuted In Federal Court? Not all white-collar crimes are prosecuted in Federal Court. White-collar type offenses are prosecuted in state court quite often. For instance, something that involves fraud can be prosecuted in a state court. Certain misrepresentations of identity crimes are prosecuted in state court. Ponzi schemes and things of that nature are considered white-collar offenses. Most states have a section of its attorney general’s office that focuses on white-collar offenses. North Carolina has special prosecutors who prosecute white-collar offenses throughout the state. Those offenses include embezzlement, identity fraud, and obtaining property by false pretenses in North Carolina. Who Is Prosecuting And Investigating These Cases In federal Court? Federal and State agencies, like the Federal Bureau of Investigation, the Internal Revenue Service and the NC State Bureau of Investigations, investigate these cases. Allegations of a fraud or a large embezzlement scheme may create concurrent jurisdiction, especially if banks or federally regulated electronic communication are used in the transactions. Even if a state agency investigates the allegations, the federal government may decide to prosecute the case. Other times, the federal government passes and leaves the prosecution to the state court. What Are Some Things I Should Consider When I Am Hiring An Attorney? In general, choose a lawyer comfortable defending against investigations and prosecutions in state and federal courts. Often, the investigations of white-collar allegations begin long before charges, sometimes lasting years. Those investigations affect people who are targets, subjects, and witnesses. A target is someone the prosecution is after and expects to charge as a result of the investigation. A subject is someone the government has reason to believe may have committed an offense, but is not a target (yet). Finally, a witness is someone the government believes has information, but has no reason to believe committed a crime. Another situation is when an employee is caught up in a corporate investigation. When a government investigation prompts a corporate investigation, employees often need independent counsel because their personal interests conflict with the interests of the corporations. Corporations hire large law firms to investigate the corporation, but these investigators have little obligation to protect individual employees. In many cases, employees need independent counsel to protect their individual interests. Quite frequently, the government uses the corporation as a quasi-government entity to conduct the government’s investigations. That can be dangerous for the individual employees, so they need their own counsel in many cases. What Should Someone Do If They Suspect They Are Being Investigated For A Crime? Call a lawyer. If you do not know an experienced criminal lawyer, call a lawyer and ask for a referral to a criminal defense lawyer, preferably one with experience defending against white-collar investigations. The most important thing to remember is you can always talk later, but you cannot take back what you say today. When a person is contacted during an investigation, the investigator knows much more about the investigation and what other people are saying than you will. Any unrepresented person is at a strong disadvantage answering questions for an investigator who knows the substance of the allegations, the sources of that information, and the target of any potential prosecution. Take the time to discuss the situation with a qualified lawyer, someone who focuses on criminal defense and these types of investigations. That lawyer can contact the investigators and gather information before responding to any interview requests. Additional Information About White Collar Crimes In North Carolina Some white-collar offenses are crimes of regulation, meaning the line between legal and illegal conduct can be cloudy. The offenses may not be about issues of morality at all. While almost everybody agrees that breaking into someone’s house is wrong, and should be illegal, not everyone agrees that all conduct labeled as a white-collar offense should be illegal. More important, individuals immersed in a complex financial situation may have a difficult time distinguishing between legal or illegal conduct. That’s why many conversations and proposals in recent years about criminal justice reform include changes that require proof of criminal intent before as an element of the offenses. For more information on White Collar Crimes In North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (919) 967-0504 today.
Practice Guides
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11 Critical Questions to Ask When the Government Subpoenas a Mental Health Professional's Records
9/01/2023We all know it’s coming. That point in the first meeting when a potential client asks, “everything I tell you is confidential, right?” Sometimes they use the term “privileged.” Technically, they shouldn’t have to ask that question because we would have established the limitations of confidentiality before the meeting. But our interactions with prospective clients are not always so orderly. We sometimes make ourselves available under less-than-optimal circumstances. Most of us would rather field a frantic phone call than try to undo a poor decision retroactively. Even in the context of the attorney-client privilege, when and whether we have created an attorney-client relationship is not always clear. That’s a question for another day. Here we address 11 critical questions to ask when the federal government attempts to gather information or introduce evidence related to a person’s relationship with a mental health provider. 1. Do federal courts recognize an evidentiary privilege for a relationship between a psychotherapist and patient? Yes, assuming the psychotherapist is a licensed psychiatrist, psychologist, or social worker. The United States Supreme Court in the case of Jaffee v. Redmond, 518 U.S. 1 (1996) recognized the “psychotherapist-patient privilege.” The case involved a police officer who sought treatment for her emotional and mental problems after she shot and killed a man. Id. at 3. The Court considered “whether statements the officer made to her therapist during the counseling sessions are protected from compelled disclosure in a federal … action….” Id. Or “whether it is appropriate for federal courts to recognize a ‘psychotherapist privilege’ under Rule 501 of the Federal Rules of Evidence.” The Supreme Court accepted the case after the Seventh Circuit Court of Appeals concluded that a “psychotherapist-patient privilege” applied under the circumstances of the case. Id. at 1. The family of the man the police officer shot brought a federal civil rights action against the officer. During the discovery process, the plaintiff requested notes from the mental health professional's sessions with the officer. The officer refused to disclose the information, and the trial judge instructed the jury that it could draw a negative inference from her refusal. Id. The Seventh Circuit reversed the trial court’s refusal to recognize an evidentiary privilege for the officer’s sessions with her mental health professional, but created a balancing test to determine whether the psychotherapist privilege applies. Id. at 9. The Seventh Circuit’s standard would have required a trial court to balance the patient’s privacy interest against the public interest, or evidentiary need, to disclose the confidential communications. Id. The Supreme Court recognized the psychotherapist-patient privilege. It concluded that the psychotherapist-patient privilege is “rooted in the imperative need for confidence and trust,” just like the spousal and attorney client privileges already established in federal courts. Id. at 10 (quoting Trammel v. United States, 445 U.S. 40, 51 (1980). Considering the sensitive information disclosed and the importance of confidentiality, the Court rejected the Seventh Circuit’s balancing test out of concern that it would eviscerate the federal privilege. Id. at 18. At the same time, the Court noted that exceptions to and limitations on the psychotherapist-patient privilege would be considered based on the circumstances of each case. Id. The Jaffee case established a federal rule of evidence that excludes communications between a patient and licensed psychotherapists in criminal cases and civil cases in federal court. 2. Was the information disclosed during a patient’s relationship with a licensed psychiatrist, psychologist, or social worker? If yes, the privilege may protect the communications. To decide in Jaffee that a psychotherapist-patient privilege exists, the Court considered the rationale used by most states to justify a privilege for mental health treatment. Id. at 14. The rationale is that society benefits when people suffering from a mental condition or an emotional condition seek treatment from a qualified treatment provider. Id. at 13. Effective psychotherapy requires patients to trust that sensitive information disclosed during a confidential relationship is protected by a testimonial privilege. Id. Most states create privileges for mental and emotional health treatment by statutes that establish guidelines and limitations. The Court concluded that a “psychotherapist-patient” privilege outweighed the public interest “of utilizing all rational means for ascertaining truth….” Id. at 15 (quoting Trammel, 445 U.S. at 50). While the Jaffee court intentionally left most questions about limitations to the federal privilege unanswered, it clarified two issues. The Court confirmed that the testimonial privilege protected confidential communications between a licensed psychotherapist and a patient made during the course of diagnosis or treatment. Id. The Supreme Court agreed with the Seventh Circuit that the privilege applies to a therapeutic relationship between a licensed social worker and a patient seeking treatment for mental or emotional problems just as it would for a licensed psychiatrist or psychologist. Id. 3. Are we talking about confidential communications? The privilege protects confidential communications related to diagnosis and treatment. The Court decided in Jaffee that the privilege protects “confidential communications between a licensed psychotherapist and … patients in the course of diagnosis and treatment….” Id. The Court does not limit the communications to “verbal” communications, but we would be wise to read the language literally. We should expect information or documents that are not confidential, not between the psychotherapist and patient, and not for the purpose of diagnosis or treatment to fall outside the privilege. The United States Supreme Court’s analysis of the attorney-client privilege is instructive on this issue. That privilege can apply when a client transfers documents to his attorney “for the purpose of obtaining legal advice,” but only when the client is protected from disclosing the document under the privilege against self-incrimination. Fisher v United States, 425 U.S. 391 (1976). The attorney-client privilege would not apply to information within documents that would not be protected against disclosure if maintained by the client. Id. A similar analysis would apply to the psychotherapist-patient privilege. Documents that include testimonial information, or communications, that are confidential and created for the purpose of diagnosis or treatment should be protected. A whole range of information could fall outside the privilege, such as interviews with third parties, documents assembled during the relationship, or communications made outside the therapeutic relationship. 4. What if the counselor was not a licensed psychiatrist, psychologist, or social worker? The privilege may not apply. The testimonial privilege applies to confidential communications for diagnosis or treatment between a patient and licensed psychiatrists, psychologists, and social workers. It is unclear whether the privilege will apply to a therapeutic relationship between a patient and other mental health providers, such as an addiction specialist, family therapists, or licensed counselor. The Court’s rationale in Jaffee should provide a basis for arguments in these situations. The Court pointed to data that “social workers provide a significant amount of mental health treatment.” They treat a disproportionate number of poor or lower income people but “serve the same public goals.” Id. at 16. The Court noted that most states “extend a testimonial privilege to licensed social workers.” Logically, district and circuit courts should apply the same analysis when considering whether the psychotherapist-patient privilege extends to other licensed therapists. 5. Are substance abuse treatment records treated differently? The short answer is yes (for purposes of disclosure). The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, Drug Abuse Office and Treatment Act of 1972, and related federal regulations prohibit disclosure of alcohol and drug treatment records unless the patient waives the right of confidentiality or a court orders disclosure of the records. See, 42 U.S.C. §290dd-3 42 CFR Part 2. Before issuing an order disclosing the patient’s information, the court must ensure that the patient consented in writing (42 C.F.R. §2.31) or has notice and the opportunity to appear in person to respond to the requested disclosure. (42 C.F.R. §2.64). To gain access to information related to a patient’s alcohol or drug treatment, the applicant must show good cause, which requires the court to “weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services.” 42 C.F.R. §290dd-2(b)(2)(c). If the court discloses any treatment information, it must “impose appropriate safeguards against unauthorized disclosure.” Id. These statutes and regulations are confidentiality provisions, not testimonial privileges. Obviously, they work to protect patient information. A testimonial privilege acts as a bar to using the information after it's disclosed. The substance abuse regulations offer broader protection from disclosure, including “records of the identity, diagnosis, prognosis, or treatment.” 42 C.F.R. §290dd-2. A patient treated for drug addiction has a right to notice and a hearing before a court can provide the information to the applicant. Id. The protections are not limited to licensed psychologists or social workers, instead they cover “any program or activity relating to substance use disorder education, prevention, training, treatment, rehabilitation, or research, which is conducted, regulated, or directly or indirectly assisted by any department or agency of the United States….” 42 USCS § 290dd-2. At the same time, the regulation creates a “good cause” standard that requires the court to weigh the patient’s interest against the need for disclosure. The Jaffee Court expressly rejected such a standard, concluding that it would “eviscerate the effectiveness of the privilege.” Jaffee, 518 U.S. at 17. When substance abuse treatment records are the issue, the inquiry should not end with the statute and regulations. If a court balances the competing interests in favor of disclosure, the psychotherapist-patient privilege could apply. Nothing about the governing statutes and regulations or the caselaw undermines the testimonial privilege under those circumstances. The analysis would simply move from a statutory and regulatory analysis to the standard established by Jaffee and subsequent caselaw. 6. Who asserts the privilege? The provider may assert the privilege under certain circumstances. The patient can always assert the privilege. The patient holds the privilege and only the patient can waive the privilege. Jaffee, 518 U.S. at 15 n. 14. In certain instances, the patient may not be aware of an application to disclose information from their treatment history, including applications related to third party litigation or grand jury proceedings. Under those circumstances, the psychotherapist can, and should, assert the privilege. Courts have recognized the psychotherapist’s authority to assert the privilege on the patient’s behalf. See Richardson v. Sexual Assault/Spouse Abuse Res. Ctr., Inc., 764 F.Supp. 2d 736, 741 (D. Md. 2011). Given the Jaffee Court’s assurance that only the patient can waive the privilege, a psychotherapist’s inadvertent or intentional disclosure of the patient’s treatment information should not constitute a waiver absent some other exception. Jaffee, 518 U.S. at 15 n. 14. 7. Who bears the burden of establishing that the privilege applies? The person invoking the privilege. Unlike the presumption of confidentiality created by the statutory and regulatory authority governing substance abuse treatment records, “the person invoking the privilege [must] demonstrate its applicability, including the absence of any waiver of it.” United States v. Bolander, 722 F.3d 199, 222 (2013). Testimonial privileges are strictly construed, and the psychotherapist-patient privilege is no different. Id. The party asserting the privilege “must set forth facts sufficient to establish all the elements of the claimed privilege.” In re Grand Jury Proceedings (Gregory P. Violette), 183 F.3d 71,73 (1st Cir. 1999). That means the person asserting the privilege must show that they are seeking to protect confidential communications between a patient and psychotherapist during the course of diagnosis or treatment. Id. The obligation applies to the separate pieces of information. Some information sought by the applicant may fall outside the privilege. Lodging an objection to large swaths of documents will not work. The proponent of the privilege will have to object to specific items and document those objections with a privilege log. 8. Are there exceptions to the psychotherapist-patient privilege? Yes. Courts have recognized a number of exceptions that may apply depending on the circumstances of a case. Common arguments against the testimonial privilege include waiver and the crime-fraud exception. Keep in mind that the psychotherapist-patient privilege protects against the compelled disclosure of confidential communications between the psychotherapist and patient for the purpose of diagnosis or treatment. Like any privilege, “the psychotherapist-patient privilege may be waived by knowingly and voluntarily relinquishing it.” United States v. Lara, 850 F.3d 686, 690 (4th Cir. 2017). The party asserting the privilege must show that it applies, including that the patient has not waived the privilege. United States v. Bolander, 722 F.3d 199, 222 (4th Cir. 2013) While many of us think of a signed release after express warnings when confronted with the idea of waiving a confidence, the courts interpret the waiver of testimonial privileges more broadly. Information privately revealed to a designated third-party may constitute a waiver of the privilege in general. United States v. Rockwell Int’l, 897 F.2d 1255, 1265 (3rd Cir. 1990). In the context of the attorney-client privilege, the Fourth Circuit Court of Appeals has concluded that information communicated to an attorney “with the understanding that the information will be revealed to others…” is not privileged. In re Martin Marietta Corp., 856 F.2d 619, 622 (4th Cir. 1988). Simply knowing that their communications may be revealed to a third-party undermines the expectation of privacy and waives the privilege in some cases, even if the communications were required by court order. Barrett v. Vojtas, 182 F.R.D. 177, 181 (W.D. Pa 1998). In the context of the psychotherapist-patient privilege, group therapy could be a waiver. Another common argument against the privilege is that the crime-fraud exception applies to the communications. Communications made to further fraud or other crimes are not protected. Protecting such communications is outweighed by the “predominant principle of utilizing all rational means for ascertaining truth.” Violette, 183 F.3d at 77. 9. Does the privilege apply to a grand jury proceeding? Yes. Grand juries operate differently than courts. A district court has limited authority over grand jury proceedings. In re Grand Jury Proc., 616 F.3d 1186, 1202 (10th Cir. 2010). “Although the grand jury normally operates . . . in the courthouse and under judicial auspices, its institutional relationship with the Judicial Branch has traditionally been, so to speak, at arm’s length.” United States v. Williams, 504 U.S. 36, 47 (1992). While courts deal with cases and controversies, a grand jury can investigate on mere suspicion of or to rule out violations of the law. United States v. R. Enterprises, Inc., 498 U.S. 292, 297 (1991). And, the grand jury operates in secret. United States v. Sells Eng’g, Inc., 463 U.S. 418, 424 (1983). Despite a court’s limited authority, “the grand jury’s investigatory powers are not unlimited….” In re Grand Jury Subpoena, 646 F.3d 159, 164 (4th Cir. 2011). A court must intervene “when a recognized privilege provides a legitimate ground for refusing to comply with a grand jury subpoena.” In re Grand Jury Proc. #5 Empanelled Jan. 28, 2004, 401 F.3d 247, 250 (4th Cir. 2005). Thus, the psychotherapist-patient privilege applies to grand jury proceedings. 10. Does the patient have a right to notice in a grand jury proceeding? Probably not. Unlike the provisions that govern the confidentiality of substance abuse treatment records, it is unlikely that patients have a right to notice of a grand jury subpoena delivered to the treatment provider. I will offer the following three reasons for that conclusion: The psychotherapist-patient privilege is recognized through common law, not statutorily created. I am unaware of any case mandating notice to the patient. Although the patient holds the privilege, the psychotherapist can assert the privilege on the patient’s behalf, maintaining the patient’s right to protect the confidential communications. Courts place a high premium on the secrecy of grand jury proceedings. The United States Supreme Court has concluded that “the proper functioning of [the] grand jury system depends upon the secrecy of grand jury proceedings.” Sells Eng’g Inc., 463 U.S. at 424. Secrecy usually outweighs an individual’s interest in obtaining grand jury information. In Grand Jury Proc., Thursday Speical Grand Jury Sept. Term, 1991, 33 F3d 342, 351-53 (4th Cir. 1994). 11. What happens to the privilege when a psychotherapist reports a patient’s threats? The psychotherapist-patient privilege may act as a bar to additional disclosure and testimony. As a general rule, the existence of a psychotherapist-patient privilege does not disappear every time a psychiatrist or clinical social worker has to disclose confidential information to protect a third party. Psychotherapists are obligated to protect the confidences of their patients. This code of confidentiality promotes trust and encourages open dialog. Effective psychotherapy for a person suffering from an emotional problem or mental health crisis requires the psychotherapist to obtain sensitive information from the patient. A patient’s sense that their confidences are insecure will have a chilling effect on their relationship with the psychotherapist. It is common for state legislatures to create a statutory privilege for these relationships. For example, psychotherapists in North Carolina are not required to disclose any information obtained during the therapeutic relationship unless a judge determines that disclosure is necessary for the proper administration of justice. The statute includes exceptions for reporting suspected child abuse, admitting evidence related to child abuse, and testimony regarding the abuse or exploitation of disabled adults. N.C. Gen. Stat. §8-53.3. In addition, most states impose a duty on the psychotherapist to report a patient’s threats of violence. This obligation is sometimes referred to as the “dangerous patient exception.” That does not mean that threats of violence are automatically admissible as evidence in federal court. U.S. v Hayes, 227 F.3d 578 (6th Cir. 2000). Remember, allowing a judge to consider whether disclosing the information is necessary for the proper administration of justice is the type of “weighing” analysis that Jaffee expressly prohibits. 518 U.S. at 18. The psychotherapist’s duty to protect a foreseeable victim from danger is different from creating an exception to an evidentiary privilege. Hayes, 227 F.3d at 585. Courts have not categorically adopted a “dangerous patient” exception to the psychotherapist-patient privilege. Id. A psychotherapist can honor their professional obligations to disclose a serious threat of harm against someone without creating a duty to testify in a criminal or civil proceeding in federal court. Id. at 586.
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Five Priorities When Your Client Is a Target of a Government Investigation
2/16/2023Practicing these top five priorities when your client is a target of a government investigation will position your client for a stronger defense and may just help you avoid an indictment.
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Immigration-Criminal Convictions
11/05/2020Several years ago, Atul Gawande published a book called The Checklist Manifesto. Gawande is a surgeon, public health researcher, and prolific writer. The premise of his book is routines and habits help prevent errors, and checklists encourage compliance with routines and habits. Without written reminders, doctors overlook important steps, just like anyone else. I am a checklist lawyer. My office uses checklists, forms, or guides for almost everything, including our initial interviews, our preparation, and during trials. Still, I worry everyday about overlooking something. That sense of dread came to mind when I read United States v. Murillo, 927 F.3d 808 (4th Cir. 2019) last summer. The Court in Murillo reaffirmed what was well established: we must explain to our clients any immigration consequences of their plea decisions. Id. Equivocal warnings are not enough. Id. Fairly often, we represent people who are not citizens. Most have some form of documentation: professors with green cards, professionals with temporary visas, or students with a study visa. Long ago, we added a citizenship question to our initial interview form. We consult with immigration lawyers regularly. Yet, I need regular reminders of the impact particular plea decisions have to my client’s immigration status. We created the enclosed guide to assist us during those situations. It includes relevant statutes and a general explanation of the law. Although it’s no substitute for research tailored to the facts of your particular case, we hope it serves as a quick resource. (You can download a more extensive report from our website.) We represent people accused of criminal offenses and professional misconduct who risk losing everything. We work to get them their best results and back to leading productive lives. Let us know if we can ever assist you or your clients. Download Immigrations Guidelines (PDF) Download Seven Questions Non-Citizens Facing Criminal Charges Should Ask (PDF)