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Short Reports
What Is The General Timeline Of A Drug Case In North Carolina?
11/5/2020In 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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Short Reports
What Is The Difference Between Murder, Homicide And Manslaughter?
11/5/2020Homicide 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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Short Reports
What Is Considered To Be A White Collar Crime
11/5/2020White-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.
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Short Reports
What Are The Penalties For A Murder Or A Manslaughter Conviction?
11/5/2020In North Carolina, there are only two penalties for first degree murder: the death penalty or life without parole. A second degree murder is classified as a B-1 felony. Under certain circumstances, second degree murder it considered a B-2 felony. Both the B-1 and B-2 charges are very high level offenses and carry penalties of more than 10 years in prison for each count. In some cases, these offenses may carry a penalty of more than 20 years in prison for each count. Voluntary manslaughter is a Class D offense, so it’s still a high level felony and it requires an act of punishment under most circumstances. Even with extraordinary mitigation, the least amount of time that a person will receive for a conviction of voluntary manslaughter is 44 months in prison. Involuntary manslaughter is a lower level offense, and depending upon the type of offense, a convicted individual may be eligible for probation. However, most of those sentences result in an active prison sentence. What Are The Possible Defenses For A Murder Or A Manslaughter Charge? One of the most successful defenses to first degree murder is self-defense. If there was a fight or some sort of engagement between the two parties leading up to the incident, then self-defense is a viable defense. Another defense to first degree murder is the assertion that the person simply didn’t commit the act in question- they’ve got the wrong person. Or, it could be argued that the defendant lacked the mental capacity to form specific intent to kill, which would mean that they may be convicted of a lesser included offense, such as second degree murder. So, the primary defenses to first degree murder are as follows: (1) self-defense (2) it’s just the wrong person (3) lack of specific intent to kill. Do Murder And Manslaughter Cases Generally Go To Trial Or Do They Plead Out? Sometimes murder and manslaughter cases go to trial, and sometimes they plead out. Most of the cases I’ve tried over the last few years have been murder cases. Because there is so much at stake and they are often difficult to resolve, they are more likely to go to trial than is a typical drug case. However, many murder and manslaughter cases do resolve with a plea agreement, which can range from a person accepting life without parole, to voluntary manslaughter. It just depends on the circumstances. Why Is It Critical To Hire An Experienced Attorney To Handle Murder Or Manslaughter Charges? The more serious the case, the more complex it is. It is hard to describe how complex the investigation of these cases is, and how many different things you have to consider. Sentencing factors, the possible outcomes of sentencing hearings, and jury selection are critical factors in these cases. That is why it is critical to have someone who has experience selecting jurors to ensure that you get a fair jury. Murder cases generally carry a lot of publicity, especially with the 24 hour news cycle. In fact, it’s not uncommon for these cases to be televised. So, it’s important to be able to deal with the various elements that are occurring not only within the case, but also surrounding the case. Ultimately, there is just so much at stake. For more information on Penalties For 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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Short Reports
What Are The Defense Strategies Used In Sex Crime Cases?
11/5/2020Sex offenses vary greatly. Defending allegations of possession of child pornography is much different from defending against allegations of inappropriately touching a child. I tailor the defense to the situation. Sometimes, I use forensic experts in computer science, mental health, and social work to review the allegations and evidence. Other times, the defense centers on the credibility of the accuser, my client, or both. On college campuses, it is common for one person to allege that sex was unwanted or non-consensual. One defense may be that the accuser consented. Other times, the defense is they did not have sex, at least not with each other. On some college campuses, a student may violate the policy by having sex with someone who is intoxicated. That issue is complicated. If both people are equally drunk, the accuser may deny consenting, but the equally or more drunk accused may not be able to make the same argument. In this situation, the “victim” may be the person who makes the allegation first. With child pornography, the first question is whether the government can prove that you possessed child pornography. If so, the focus of the case becomes the sentencing proceeding. Preparation for those proceedings become quite involved and complicated. Evidence includes a biographical and family history, features that mitigate the underlying conduct, and, often, a forensic psychological report. What Are The Penalties And Consequences Associated With A Sex Crime Conviction? The penalties are severe in all circumstances. Even if sentenced to probation or suspended from school, the stigma is overwhelming. Almost every sexual offense in North Carolina requires the person to register as a sex offender after a conviction. Anyone convicted of most sex offenses faces a substantial prison sentence. The collateral punishment of having to register as a sex offender is a huge penalty. It subjects the person to public humiliation. In addition, it severely limits the person’s ability to move, work, and live in society. A person on the sexual offender registry is restricted from almost any place where children might gather, including neighborhoods, libraries, and schools. It becomes difficult for people convicted of sex offenses to live and function in society. The consequence of a sexual assault conviction is absolutely dramatic and something every person tries to avoid, if at all possible. Why Is It Critical To Retain An Experienced Attorney To Handle A Sex Crime Case? For the reasons we discussed above, it is critical to have a lawyer experienced in defending these types of offenses. The investigation of a sexual accusation is critical. That includes interviewing witness, gathering electronic data, and hiring experts. Hiring counsel with the experience, time, and determination to vigorously defend against the allegations is a necessity. Additional Information On Title IX Cases Public universities in North Carolina must allow a person accused of violating a policy against harassment or prohibited sexual conduct to hire a licensed attorney to represent him during the process. That does not apply to private universities. Some private universities allow students to have representation by a lawyer, but some prohibit representation. For more information on Defense Strategies In Sex Crime Cases, 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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Short Reports
What Are The Common Drug Offenses In North Carolina?
11/5/2020I live in a college community, so I see a lot of lower level drug offenses, like marijuana possession. Many students and other people are charged with simple possession offenses, where the person is accused of possession a quantity of drugs most likely for personal use. While that is a common offense, I represent a lot of people charged with more serious drug crimes. Sometimes, that is because the drugs are for personal use, but the client is overcharged. Other times, the evidence supports a conclusion that there is a larger, or distribution, amount of drugs involved. How Is A Drug Charge Determined To Be Either A Misdemeanor Or A Felony? State and federal statutes define drug offenses and designate the offenses as misdemeanors or felonies. In federal courts, misdemeanor offenses carry punishments of up to a year. In general terms, felonies carry a greater potential punishment than misdemeanors. There are exceptions to that rule depending on the type of offense and the criminal record of the person accused. In North Carolina, state court sentencing is different than federal court sentencing and most misdemeanors do not expose the individual to a sentence of a year in jail. The most prominent exception is that the maximum penalty for a misdemeanor driving while impaired charge in North Carolina is three years. Felony charges carry maximum sentences much longer than the person risks under normal circumstances. The exception is where the accused has a significant criminal record. How Is Possession, Sale And Distribution Of Drugs Defined In North Carolina? Each offense is defined by statute. A person possesses drugs when he is in actual or constructive possession of the substance. An example of actual possession is when the person has the drugs in his hand or pocket. Constructive possession means that the person has the ability and the intent to control the drugs. Ability without the intent would not be constructive possession. Nor would the intent without the ability to possess the drugs. In other words, the drugs may be in the trunk of someone else’s car, but if you have knowledge, access and the intent to possess the drugs, you would be in constructive possession. The sale of a drug is the transfer of a drug for some form of payment. Distribution does not require payment sharing drugs can be evidence of distribution. The intent to distribute is often an issue in dispute. The evidence of intent to distribute may include the weight or number of units and the way the drugs are packaged. A small amount of drugs packaged in multiple bags may be evidence of intent to distribute. The decision to charge someone is based on a number of factors, including the amount, the way the drugs are packaged, and what the person was doing at the time they were charged. Can Police Conduct A Warrantless Search If They Suspect The Presence Of Drugs? There is no drug exception to the warrant requirement. Suspicion that a person possesses or deals drugs does not create an exception to the constitutional requirement to obtain a search warrant before searching. There are limited exceptions, however, to the requirement that investigators obtain a search warrant before conducting a search. Those exceptions include the consent to the search by the person in control of the premises or property, exigent circumstances that justify entry into property to protect a person or avoid the destruction of evidence, and searches pursuant to a lawful arrest. If an officer finds drugs or paraphernalia in plain view during a lawful investigation, it may justify a search or support a warrant to conduct a search. Can A Passenger Be Charged as Well If Drugs Are Discovered In the Vehicle? Certainly, a passenger may be charged if investigators find drugs in a car. In fact, that is common. At the same time, a charge does not mean that the officer has sufficient evidence to support the charge. Without more, mere presence as a passenger in an automobile where drugs are discovered is insufficient to support a conviction. A passenger may not be off the hook, however, if other evidence connects the passenger to the drugs. If the drugs are under the passenger seat and the police officer sees the passenger fiddling with the bottom of the seat, this additional evidence supports an argument that the passenger was aware of the drugs and in constructive possession. In general, the answer to the question is yes. The state or government would need more to sustain a conviction than evidence that a passenger in a car or guest in another person’s home was present when drugs are discovered. For more information on Drug Offenses 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.
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Short Reports
How Often Do You Tend To Take Criminal Cases To Trial?
11/5/2020It’s really hard to say how often I tend to take criminal cases to trial. I think that criminal trials tend to come in waves. I’ve certainly had years where I’ve tried 10 cases, and I’ve never had years where I’ve tried none. But it’s important to know that there are all levels of trials, just like there are all levels of cases. In smaller, less serious cases, it’s quite common to have trials. The more serious cases come less often because, frankly, there are fewer of them. There are many more people who get speeding tickets than there are people who get charged with first degree murder. So, it’s not as common to be on trial in those types of cases unless you have a really high volume practice, which I don’t. Do A Lot Of Defense Attorneys Avoid Taking Cases To Trial? It’s really hard to make a general statement regarding the frequency with which defense attorneys avoid taking cases to trial. There are certainly lawyers who try more cases than others, and some lawyers who have never tried a case. I think it has a lot to do with the type of practice that a person has, as well as the number of cases they have. This is because there are only a number of cases that are going to go to trial the fewer you have, the less often you go to trial. Ultimately, it should be the client’s choice with the advice of the lawyer. But the advice we give must be based on the objectives of the client, and most clients want to survive. Their objective is to survive. There are times when they really want to take their case to trial, and our job is to lay out the upsides and downsides of doing that in order to help them make an informed decision. What Factors Do You Consider When Deciding Whether To Take A Case To Trial Or Not? When deciding whether or not to take a case to trial, the factors that I consider are case-dependent. With that being said, advising a client to go to trial is easiest when they have very little to lose. Those types of situations come in two forms. The first is a terribly serious case in which there is no possible alternative resolution. In other words, if you are facing life in prison and the only plea offer is life, then it’s an easy decision to go to trial. The opposite is true as well. If you are charged with a lower level offense, the state won’t agree to an alternative disposition, and you are not running the risk of going to jail, then it’s an easy decision to take the case to trial. The truth is that most cases are somewhere in the middle, and there is usually an upside and a downside to each decision. Those are the more difficult decisions and really it depends on the client. What is the client going to lose if he loses the trial, and what does he gain if he wins the trial? What is the person’s prior record? If the person is convicted, will he be on the sex offender registry? There are so many questions that need to be considered that it’s just really hard to narrow it down. There are certainly motivating factors or rewards for entering a plea, and the person has to consider how much time they are shaving off of the potential or likely jail sentence by pleading guilty. That’s quite common in federal court because there are three points for accepting responsibility, which can amount to a lot of time taken off of a prison sentence. Do Most Clients Have A Clear Understanding Of What A Criminal Trial Is And When It Should Be Used? Unless people have prior experience with criminal trials, a lot of their understanding of the process is incorrect. For example, many people aren’t aware of the length of time that it takes to get a case to trial, how much investigation or preparation goes into preparing a trial, and ultimately how expensive it is to go to trial. It’s not cheap to defend a case by trial. It takes a lot of time, money, and investigation. Most people have no way of knowing what to expect. Part of our job is to help them understand- from the very beginning- what the process is going to be like. Can You Walk Me Through The Process Of A Typical Criminal Trial? The first thing that happens in the process of a typical criminal trial is a pretrial motion phase. This is where the judge would hear motions related to evidence and procedural details. Sometimes those are settled before trial, but oftentimes they are deferred instead. The second thing that happens is a jury selection. In North Carolina, lawyers participate in jury selection, and they can last anywhere from an hour to weeks depending on the type of case. After the jury is selected, there are opening statements and evidence. At the end of the evidence, the judge will determine the instructions that the jury will get. There will be closing arguments followed by time for the jury to deliberate. So, that’s a brief synopsis of almost every case, from traffic tickets to first degree murder. Depending on the type of case at hand, some portions of the process will take longer than others. Is It Affordable For Someone To Take A Criminal Case To Trial? It can be affordable for someone to take a criminal case to trial. Oftentimes, it’s actually the same cost to go to trial as it is to enter a plea. This is because many lawyers- including myself- charge a flat fee, which means that we establish at the very beginning of a case the amount that it will cost. If a lawyer does not charge a flat fee, it does cost more to go to trial. In both cases, however, there are additional expenses if the defense needs to hire investigators or experts to testify. In fact, it’s increasingly common to have digital forensic experts involved. For more information on Taking Criminal Cases To Trial, 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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Short Reports
How Is A Sex Crime Determined To Be A Misdemeanor Or A Felony
11/5/2020Sexual battery is the only misdemeanor sex crime in North Carolina. That does not mean a person accused ofa felony sexual offense will not be convicted of another misdemeanor. All other sexual assaults, or sexualcrimes, are felony offenses and carry very severe penalties. Those penalties include the risk of a prisonsentence and registration as a sex offender. Anyone convicted of a sexual offense is required to register as asex offender, including a conviction for misdemeanor sexual battery. In addition, federal sex crimes can have broad interpretations. The sexual offense we see most often infederal court involves allegations of possessing child pornography and soliciting underage people for sexacross state lines. Increasingly, the government prosecutes sex trafficking offenses, as well. The sex offenses in state court are more likely to include actual contact, like unwanted sexual touching, rape,and the allegations of contact with children. The state prosecutes some child pornography offenses, butoften defers to the federal government in those cases. Does Hiring An Attorney Prior To Arrest Make Someone Look Guilty? That should not matter. A person facing an investigation should be represented by a lawyer. That is especially true when a sexual allegation is involved because the ramifications are so significant. These allegations ruin reputations, families, and careers. All it takes to initiate an investigation is an allegation. Any person under investigation will know a lot less about the allegations than the investigator, which puts the person at a dangerous disadvantage. Why would you not want the insight and advice of someone experienced in dealing with investigators? You need someone who prepares you for all possibilities, including being charged with a devastating offense. The idea that you look guilty to an investigator does not matter, because the investigator has reached conclusions before requesting an interview, most likely. If the investigator has sufficient evidence to charge you, the investigator will seek warrants whether you submit to an interview or refuse an interview. It is rare for a person to talk an investigator out of a charge, but common to create problems during an interview. Hiring counsel to help you make these decisions may be the difference between making a critical mistak eand protecting the strength of your defense. How Often Do Accusers Recant Allegations Of Sexual Offenses Committed Against Them? The prosecutor represents the state or the government. The accuser cannot control the outcome of the case, but has a lot of influence over the way the prosecutor approaches the case. When it comes to sexual offenses, prosecutors give the accuser even greater discretion on how to proceed. When accusers recant or express reluctance, the prosecutors consider their wishes very carefully. It is quite common to resolve sexual offenses based on an agreement with the accuser. They do not control the outcome in every situation, but most prosecutors are reluctant to proceed in sexual assault cases without the support of the accuser. For more information on Misdemeanor Vs. Felony, 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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Short Reports
Inadmissibility Or Ineligibility For Admission to The US
11/5/2020Occasionally, I run into a classmate who surprises me. Some people live up to our expectations, especially the extremely talented or extremely troubled. Others surprise us. A couple years back I reunited with an old friend. Growing up, he was quiet, shy and unlikely to stray far from Eastern North Carolina. I was not surprised he became a construction manager. I was shocked, however, to learn he took a position as a safety inspector in the Middle East. Originally, my friend was attracted to the extra pay. (I assumed it was hazard pay, given all the problems over the last twenty years.) As it happened, he fell in love with the people. The one thing that stood out to me was that almost everyone he encountered was fascinated by the United States. And, most wanted to move here. During my twenty-eight years of practice, we have experienced peace and prosperity, terrorist attacks on United States soil, and recessions. Now we are in the midst of a pandemic, deep political divisions, and protests to police tactics. Still, my clients from other countries almost all want to stay in or have the option to return to the United States. Next to deportation, the ability to reenter the United States is their most pressing concern. “Can I come back after visiting family for Christmas?” “What happens if I am transferred back home for a while?” The answers to are not always clear. In fact, these questions are often more difficult to answer than whether a particular plea results in removal. Usually, we consult an immigration lawyer. Nonetheless, we created a guide to reference for these questions. It helps us advise our clients about what to expect or, at least, the questions they should be asking. We included a copy for you and hope you find it helpful. If we can help you in any way, don’t hesitate to call. Download Practice Guide (PDF)
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Short Reports
How Is A Sex Crime Defined In North Carolina?
9/28/2020There are different types of sex crimes. The lowest level is called Sexual Battery, which is a misdemeanor. Sexual battery is unwanted sexual conduct. It does not have to include genital penetration. In fact, sexual battery arises most often when someone touches another person in a way that does not constitute a sexual offense, like grabbing a woman’s breasts or buttocks outside her clothes. The state has to prove the sexual conduct was for sexual gratification. The most harshly punished sex crimes are first-degree sexual offense and first-degree rape. These offenses include statutory offenses against children and forcible rape with a weapon. Convictions for these offenses result in substantial, mandatory prison sentences. Other crimes, such as taking indecent liberties with children and exploitation of children, are between the misdemeanor and most serious offenses. These offenses include sexual conduct with children without touching the child, possessing child pornography, or soliciting children for sexual acts. Any sexual involvement between a school employee and a student in an elementary, middle, or secondary school is a felony, even if the relationship is consensual. What Are The Most Common Type Of Sex Offenses That You See? In recent years, I represented numerous people accused of possessing child pornography and student’s accused of sexual assaults. The cases with students include defenses in criminal court and investigations and hearings on university campuses. What Are Title IX Cases In North Carolina? Title IX of the Education Amendments in 1972 to the Civil Rights Act of 1964 prohibits discrimination on the basis of sex. A few years ago, Title IX brought to mind women’s sports because that is the provision interpreted to require equal opportunities for women to participate in collegiate sports. In recent years, the provision has been used to require universities receiving federal funds to create a policy to prohibit sexual harassment and assaults on campuses. The policies create procedures separate from criminal cases, different definitions for prohibited conduct, and proof by a lower standard. Title IX covers conduct by staff, faculty and students. As a result, we represent a wide range of people accused of sexual harassment or sexual assault, including professors, students, and administrators. The definitions of sexual harassment and sexual assault under Title IX are not the same as criminal cases. The federal government establishes certain guidelines, but the universities define the conduct, or the prohibited conduct and the procedures for adjudicating the allegations. Many times, conduct alleged to have violated the university policy does not rise to the level of criminal conduct. A person can violate the student code without committing a sexual offense as defined by a criminal statute. How Are Title IX Cases Handled In North Carolina? While the government establishes certain standards, each university sets its own policy and procedures for dealing with the allegations. As a result, the procedures in place at the University of North Carolina are different from the procedures at Duke, which is nine miles away. One distinction is that North Carolina law requires public universities to allow lawyers to represent the accused in these proceedings. That law does not apply to private universities, and some prevent lawyers from participating. The procedures are in writing and established by each university’s policy on prohibited discrimination, including sexual harassment and related misconduct. In general, a person is notified that he or she is accused of some violation and invited to a meeting with an investigator. The accused should contact counsel before responding. The allegations range from repeated unwanted contact to rape. All allegations of sexual harassment or sexual assault between faculty, staff, and students at the same institution are investigated and resolved under the university’s Title IX procedure. While provisions of the university’s policy define violations more broadly than the criminal statutes, the allegations of some cases include allegations of criminal conduct. That means, the university investigation may expose the student to criminal liability. Either way, no one should participate in these proceedings without a lawyer experienced in representing people accused in criminal court and university proceedings. For more information on Sex 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.
