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Newsletter
Why Are You Nice to the Enemy?
6/07/2021My friend was a long-time public defender before he retired. Over four decades of public defense, he accumulated a lot of wisdom, which usually takes the form of self-deprecating, humorous, and instructive stories. One such story comes to mind. Years ago, my friend represented a client in a two-person conspiracy. The other person's family had financial resources and hired a local lawyer. In addition, they paid a bond to have the other man released pending trial. My friend met with his client at the jail and was greeted with several suspicions, including the following: A public defender is a "state" lawyer who can't be trusted. The client was not paying him so my friend had no incentive to work hard. The client concluded that he would be out of jail if he had hired a lawyer. My friend filed a motion to have his client released pending trial. In response, the state sought to detain his client's alleged co-conspirator, taking the position that neither man was worthy of release and both should be jailed pending trial. My friend's approach could not have been more different than the other man's lawyer. During the hearing, he made a calculated, reasoned, respectful argument that his client should be released pending trial. The other man's lawyer gave a loud, outraged, table-pounding response to the state's contention that his client should be returned to jail. My friend's client was released. The other man was detained pending trial. My friend's client's critique: "you should be more like that other lawyer." Unfortunately, loud, hostile, and abrasive are confused too often for deliberate, considered, and forceful arguments. The same is true for hostile exchanges with our opponents. Lawyers must exercise considered caution when interacting within eyesight or earshot of clients or their family members who sometimes have the understandable, but generally mistaken, perception that our relationships with colleagues outweigh our loyalty to our clients. Any light-hearted exchange with a judge or opposing counsel may be mistaken for a lack of commitment to a client's cause. This perception leads to a host of problems, including many unpersuasive and unsuccessful encounters in courtrooms. No doubt some very successful lawyers maintain acrimonious relationships with opponents and, even, judges. It is hard to hide a prickly, abrasive, or brusque personality. Some use those traits to great advantage. At the same time, cordial, respectful, and calculated interaction should not be mistaken for weakness. Usually the opposite is true when appropriate to the circumstances and consistent with a person’s personality. The misconception that the louder, angrier, and more theatrical arguments generally result in more favorable results should not go unanswered. In most human interactions, our objective is to persuade. The tone is as critical as the content and may be the difference between success and failure. We would much rather be remembered for a favorable outcome than a dramatic, masterful, but ultimately unsuccessful presentation. We are criminal trial lawyers. We represent people accused of criminal offenses who risk losing everything. We work to get them their best results and back to leading productive lives. Call if you need us, or if you just want to say hello. Amos P.S. "Don't raise your voice, improve your argument." Desmond Tutu
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Newsletter
If I am presumed innocent, why am I in jail?
6/02/2021A lawyer down the street was ahead of the times in what came to be known as the “Me Too” movement. He developed a favorable reputation during the 80s and 90s representing children and (mostly) women in civil cases against the people who physically or sexually abused his clients. He remains passionate about the cause. My interpretation of his views is summarized as follows: People don’t make up allegations of abuse Anything the accused does to defend himself causes further harm to the “victim;” and The standard for proving allegations of abuse should be lower than the standard for proving other allegations. I was a young defense lawyer when we faced off regularly. To say we disagreed would be a monumental understatement. I consider his positions (at least my interpretation of those positions) dangerous to due process, the right to effective assistance of counsel, and the presumption of innocence. And yet, I admire and consider him a dear friend. I think of him fairly often. One phone call several years ago is particularly memorable. Lawyer down the street: "I have a client who needs your help." Amos: "Okay, what’s up?” Lawyer down the street: "He is accused of sexually assaulting another student.” Amos: "You used the term “accused.” Lawyer down the street: "Yea, we believe he is innocent.” Amos: "Come again!” Lawyer down the street: "It was all consensual.” Amos: "What makes you think so?” Lawyer down the street: "We interviewed a third person, another female student, who was present for and participated in the entire encounter. Dinner, evening [relations], sleep, morning [relations], and breakfast together. She described a consensual encounter between the three in vivid detail.” Mostly, I think about this conversation when my clients surrender for service of a warrant, are arrested, or before a hearing to set bail. (What I like to call conditions of release.) Despite the presumption of innocence, jailing a person accused of a crime pending trial is far too easy and common. Few seriously consider the life-altering consequences of this practice. The client I described earlier was not charged with a criminal offense. But consider the potential impact if he had been charged: We surrender him for service of a felony warrant, which creates a public record. A magistrate sets a six-figure secured bond. He stays in jail until someone posts the full amount or pays a bondsman up to 15% for his release. The bondsman’s percentage is never returned. The client’s family uses resources that could go to hiring competent counsel, retaining necessary experts, or investigating the underlying facts. People unable to post this money lose jobs, opportunities to earn money for defense costs, chances to continue educations, the ability to support their families, and their homes. Those are in addition to the monumental collateral punishments created by a public accusation in the age of social media. Our pretrial release statutes favor release without monetary security. But the reality is different. In certain counties, judges scoff at the idea that a person accused of a serious crime would be released without posting a small fortune for a monetary bond. Judges are obligated to balance the presumption of innocence against the danger a person’s release presents to the community and likelihood the person will appear for court. The ability to post a secured bond, however, says very little about either. There is reason to hope these practices are changing, albeit slowly. Some jurisdictions and guidelines are moving toward lower secured bonds and individualized assessments. Courts are beginning to seriously consider factors like a person’s support network, job prospects, criminal history, and mental health. Conditions of release are beginning to favor more practical solutions, like pretrial monitoring. Just this week, a judge reduced bonds substantially for two people charged, but presumed innocent, of murder in a highly contested case in Durham Unsecured bonds or written promises are becoming more common. Even these changes have limitations and may be unfair when imposed for a mere allegation. At the same time, the debate about the problems created by monetary bonds tends to highlight the importance of fair bail as a tool to preserve and emphasize the presumption of innocence. Often, people are accused of crimes because the crimes occurred. Sometimes, these crimes are horrible offenses against the sanctity of another’s home, cause severe economic hardship, or result in terrible physical and emotional injuries or death. Many times, the people accused committed the offenses. That doesn’t mean we should assume the investigators and prosecutors have it right in any given case. In fact, the opposite is true. The presumption of innocence should mean what it says, which is more than words we use perfunctorily to describe a person’s status before trial. If you don’t believe it, ask Henry McCollum and Leon Brown, the two brothers a federal jury in Raleigh just awarded $75,000,000 after they spent decades in prison for horrific crimes they didn’t commit. We are criminal trial lawyers. We represent people accused of criminal offenses who risk losing everything. We work to get them their best results and back to leading productive lives. Call if you need us, or if you just want to say hello. Amos
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Newsletter
Some Good News Not to Report
3/23/2021The newspaper options in New Bern in the 1970s were The “Raleigh" News and Observer and The Sun Journal. My parents took both papers. The papers included the baseball box scores and, between the two of them, all the local and national sports coverage we could imagine. Walking up the driveway to collect the paper every morning or afternoon was part of our routine, especially in the summer. Of course, getting to the sports section meant perusing a little national news and occasionally running across a familiar name in the local section. If that familiar name was associated with some controversy, we read the whole article. We discovered who was in trouble, what lawyers they hired, and which controversies were full-blown scandals. By college, most of us had developed the habit of reading the newspapers daily, usually spread out over the table at breakfast. When I began practicing law, each paper assigned reporters to the local court houses. You learned quickly when to speak and when to keep your mouth shut. Anything uttered in the smoking room at the Durham County Courthouse was clearly off limits. No doubt, though, it provided a lot of “off the record” scoop. These papers exist today. They are circulated world-wide over the Internet, but the reporting is much different. They don’t cover the local courthouses daily, and neither is the paper it once was. I have been thinking about local news coverage this week. Our friend, Mark Ricker, is in the area. Mark grew up in Burlington and graduated from UNC a couple years behind us. When he arrived in New York after college, he and my wife worked together at J. Crew while Mark began a career on the “aesthetic” side of film making. Mark started as an intern on various films, worked in art direction after film school, and ultimately became a production designer. According to Wikipedia, a production designer is responsible for the overall aesthetic of the story. Their job is to help give us a sense of the time, the location, and the characters’ actions and feelings through the sets and settings. Mark was the production designer for films such as Julie Julia, The Help, Trumbo, All the Way, and Ma Rainey’s Black Bottom, films that starred Meryl Streep, Allison Janney, Bryan Cranston, Viola Davis, and the late Chadwick Boseman. Mark is also the friend who stays in touch. He returns children’s texts when they want to interview him for a school project. Mark offers his New York apartment to friends when he's out of town, despite knowing his downstairs neighbors will complain. Mark is humble, kind, and generous. He's loyal and cares for aging parents just like the rest of us. Last Monday, Mark was nominated for an Academy Award for the production design of Ma Rainey’s Black Bottom. I searched The Times News, The Daily Tarheel, and The News and Observer for an article. With the exception of a link to The Los Angeles Times article in The News and Observer, I found no local coverage of the nomination. The local news may not have the interest or capacity to cover it, but Mark’s nomination is some good news for Burlington, UNC, and North Carolina after a really difficult year. We are criminal trial lawyers. We represent people accused of criminal offenses who risk losing everything. We work to get them their best results and back to leading productive lives. Call if you need us, or if you just want to say hello. Amos P.S. The Backdrop with Mark Ricker | Ma Rainey's Black Bottom - FYSEE FILM Netflix
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Newsletter
Don't interfere when you are winning
12/21/2020Superior Court Judge J.B. Allen was a rather large man with a big personality. He had white hair, a booming voice, and a no-nonsense approach to the most mundane issue. Some say he was a bit of a bully. I tried my first serious case before Judge Allen. My client was accused of attempted murder and faced decades in prison. Colleagues warned me for days about a loud, controlling, intimidating figure on his way. Despite the warnings, we tried the case largely without incident. My client was convicted of a less serious offense, and the possibility of decades in prison turned into fewer than five years. But I knew who was in charge, and it wasn’t me. As I left for lunch after the verdict, Judge Allen was walking in a different direction. I was a little nervous when he turned toward me. Judge Allen stood close, put his arm on mine, and smiled. “Amos, you done a good job. It come out just like it was supposed to.” Although I have appeared before many judges, I spent a substantial portion of my career in court with Judge Allen. I entered pleas, tried serious offenses, and selected a capital jury. The North Carolina Supreme Court reversed his decisions twice based on petitions I filed. Although he was authoritarian in court, few judges were more pleasant to me or approachable outside court. One morning in the late nineties, I had a hearing before Judge Allen, but was scheduled for another appearance in a district court matter. District court is a lower court and superior court appearances take precedence. Scheduling conflicts are common and most district judges respect our obligations. I finished my case before Judge Allen. As I walked toward district court, a colleague informed me that the presiding district court judge had cited me for contempt. The basis was my absence while appearing before Judge Allen. That seemed odd. The judge should have known I was in superior court. I assumed it was his mistake. When I appeared, the district court judge confirmed the citation and scheduled a contempt hearing despite my explanation. I left surprised, annoyed, and ready to fight. My first plan was to hire a very experienced, smart lawyer with a great reputation named Thomas Maher. He worked at the time with another highly regarded lawyer named David Rudolf. I did not know Tom, but knew I needed him for this fight. I left a message with Tom’s office. He called me back within hours and I explained the situation. By this time, I was on fire and explained that we were tired of the district judge’s bullying, saw this accusation as an affront to the defense bar, and planned to fight. Tom’s response, “no you are not. The judge will settle down, realize he is wrong, and dismiss the citation. You are winning. Save your fight for when you have some exposure.” Tom was right. The judge backed down and dismissed the citation. I didn't get an apology, but didn't make an enemy of a person in power, who had probably had a bad day. A few years later, I moved my office to the same building where Tom practiced. Tom and I shared a small suite of offices. We worked on cases together, represented co-defendants, and traded advice often. After a few years, Tom left for a second career leading the Center for Death Penalty Litigation and later the North Carolina Indigent Defense Service. We remained friends and met many Fridays to commiserate over beers with other lawyers. Now, Tom is leaving the world of policy and joining our practice in January. I am excited, honored, and a bit intimidated. He brings nearly forty years of experience, a keen intellect, and a passion for helping people. Tom and I will work together on serious criminal matters, white collar investigations, and appeals. I look forward to his continued guidance. We are criminal trial lawyers. We represent people accused of criminal offenses who risk losing everything. We work to get them their best results and back to leading productive lives. Call if you need us, or if you just want to say hello. Amos P.S. Peace and joy over the holidays!
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Newsletter
How to respond to trustafarians
12/14/2020My friend stayed single longer than the rest of our peer group. Not that he didn't have options. Arguably, his delay can be attributed to the fact that my friend was more handsome. Women really liked him and settling down can be a challenge for a young man with his qualities. After college, my friend spent years working in restaurants, running a survey crew, and spending nights sampling good bourbon at Chapel Hill's finer restaurants. After a couple decades of that life, he loaded his guns, a Labrador retriever, and a few clothes into his Toyota Tundra for Colorado. My friend settled in the Boulder area. He is an avid hunter and fisherman and loves to hike, snow shoe, and raft. Sometime during his western journey, he met a woman with a kindred spirit, fell in love, and planned a wedding near Crested Butte, Colorado. I grew up in Eastern North Carolina and am not a skier. I had never heard of Crested Butte, much less flown to Denver, rented a car, and driven hours over mountain roads to get there. But, we wanted to take our young boys out west and, of course, attend my friend's wedding. The trip was worth every minute of the journey, both for the wedding and the town. Crested Butte is in Southwest Colorado, near Gunnison. There is no easy way to get there. The population is around 1600, it's surrounded by beautiful mountains, and the median home price is $711,200. Walking around the .7 square miles of downtown, you can't help but dream of living there. The many coffee shops are super hip. Organic food and yoga studios abound. And if you have young children, like we did at the time, you will not find a cuter school. When I asked a rafting guide what one does in Crested Butte to afford a house in the median price range, he explained the town is populated with people he called "trustafarians." I had never heard the term. According to the Internet, a trustafarian is "a wealthy young person who adopts an alternative lifestyle incorporating elements from non-Western cultures." Carrboro has its share of these folks and one contacted me this week. She did not refer to herself as a "trustafarian." Instead, she called herself an "activist," used the term "comrade" at least once, and explained that another "activist" was concerned for the welfare of one of my clients. Of course, I am concerned for the welfare of all my clients. The difference in our relative positions, however, is that I review investigative reports, conduct my own investigation, and research relevant law. She heard the other "activist's" version of the situation, which could be based on a misunderstanding or just plain bullshit. More important, there are reasons a lawyer's relationship with his client is confidential and the client's communications privileged. When family members pay my client's fees, as is often the case, my engagement letter includes a paragraph explaining some of the reasons I won't talk to the family members about my client's case. Not included is the possibility that the family member will yap to an "activist" who will interfere and undermine my case. The "activist's" message was friendly and I was not offended. Nor did I see any call for a defense. But, I admire some "activists" and felt obligated to respond. I drafted several possibilities before settling on an appropriate response. I offer the unedited list to you. Get a job. My cure for most people with too much time on their hands. Tend to your own @#$5!^* business. Don't worry, I am well aware of the situation and will handle it. I chose the last, of course. Wasn't much more the attorney/client relationship or my goal of civil discourse would allow. We are criminal trial lawyers. We represent people accused of criminal offenses who risk losing everything. We work to get them their best results and back to leading productive lives. Call if you need us, or if you just want to say hello. Amos P.S. According to my weather application, Crested Butte's temperatures range between 7 and 27 today, but I am sure there's great snow for skiers with a trust fund.
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Newsletter
Should you turn back now?
11/20/2020It has been a difficult week calling for difficult decisions. We started watching The Queen's Gambit, which one review in The New Yorker called the "most satisfying show on television." It is pretty compelling. But just as we immerse ourselves in Beth Harmon's journey, season four of The Crown is released. It violates binge watching protocol to leave one show and start another, but the Queen is the Queen. We were faced with deciding whether to switch from a story about a girl who is exceptional in almost every way to a story about people who are exceptional almost exclusively by birth. We compromised and rotate between the two. I promise not to spoil either. So far, this season of The Crown focuses on Charles and Diana or, if your wife was born in Yorkshire, the Prince and Princess of Wales. Last night's episode has Diana living in Buckingham Palace during her engagement. Charles is traveling and set to return just before their wedding. She is a teenager, isolated, and subject to unimaginable scrutiny. As she stairs out the window during one scene, I found myself thinking, "get the @#%! out of there before these people destroy your life." And, I knew she was not going to turn back. As I watched that scene, I thought of a client. I admire helpers. The people who always seem to respond when someone is in need. These people have space for an extra person in the tiniest of houses. They love the foster children like their own. They intervene to make peace, give rides to keep others employed, and lend money to stave off evictions. And, that's in addition to working and caring for their own families. My client who came to mind during the show is a helper. Let's call him James. James played college football and planned to be a teacher and coach sports. During his training, however, he discovered a passion for working with disabled children, especially those with autism. And James has a gift with this community. It was his vocation and passion. James managed clients, volunteered with organizations, and led sporting events designed for people with disabilities. In addition, James helps when friends and family call. He and his wife often have an extra child in the home so a single mother can work. When a relative needs a hand around the house, James shows up. To those on the margins, he is a mentor, bank, and taxi. A couple years ago, James finished work and went home to rest. Shortly after he sat down, James got a concerned call from his wife. His brother in law, who had a history of mental illness and substance abuse, was acting bizarre and destroying James' mother in law's home. She asked James to take the brother in law somewhere to settle down. James responded and walked into a situation that he was unprepared, unequipped, and untrained to handle. The man died while James was struggling to remove him from the home. The state charged James with voluntary manslaughter for the brother in law's death. A conviction would have sent him to prison for years. We tried the case last year. After a few days of evidence, a jury rejected voluntary manslaughter, but were divided on involuntary manslaughter. After the judge declared a mistrial, I was relieved that the state failed to convict James, but disappointed that such a decent man had to endure another trial. The trial's toll on James and his family was tremendous. This week, James pleaded guilty to involuntary manslaughter. He avoided any time in jail. Some will call it a triumph. Some may see it as failure. I view it as survival. James made the decision he considered best for himself and his family. This story is not a complaint about the criminal justice system. The state was measured, the judge gave us a good trial, and twelve jurors struggled to find the right verdict. But I worry for the helpers among us. For them, opportunity may obscure the danger. While it's always been that way, it's hard to see James' situation and not wonder, "should you turn back now?" We are criminal trial lawyers. We represent people accused of criminal offenses who risk losing everything. We work to get them their best results and back to leading productive lives. Call if you need us, or if you just want to say hello. Amos P.S. In case you think our dilemma with The Queen's Gambit and The Crown are specific to the pandemic, I assure you our lives were every bit as exciting before, with an occasional high school basketball game as an added distraction.
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Newsletter
You just got to turn some people off
11/06/2020Chapel Hill is a bit of an island in our state. Commonly accepted views here may not be so commonly accepted in other parts of the state. In fact, I am pretty confident that some of the commonly accepted views in my home of over thirty-five years have not made it to New Bern, my home as a child. But Chapel Hill may be considered conservative compared to its western neighbor, Carrboro, also known as "The Paris of the Piedmont." Carrboro's people are eccentric, even among the eccentric. Right in the center of town is Weaver Street Market, a popular and successful food coop. Before the pandemic, Weaver Street bustled with activity and energy. You can still buy all kinds of locally sourced, organic food, but hanging out in the dining room or front lawn is prohibited for now. Normally, the front lawn would be full of people on a nice day. Even on a Tuesday or Wednesday. Even at 10 in the morning or 2 in the afternoon. When my friend’s son asked his advice about selecting a college major, my friend responded, “I don’t know. Ask those people who sit in front of Weaver Street drinking coffee all day what they majored in. It worked out for them.” I know and adore some of these folks. Unfortunately, some have my cell phone number and include me in group texts. Almost every few minutes this week I got a new update or a little wisdom about the election. Random posts abounded from people who appear to have no occupation, much less training in statistics, math, or political science. I was interested in the election too. But that interest coincided with a federal court appearance, a brief due in the Fourth Circuit Court of Appeals, and preparation for court scheduled everyday next week. For most of us, life went on as we voted, counted, and watched the results. I considered several subtle responses to the texts: (1) Could you resume these this evening? (2) We have access to the news, as well. (3) Get a #$%^ *! job. Alas, I finally decided, you just need to turn some people off. We are criminal trial lawyers. We represent people accused of criminal offenses who risk losing everything. We work to get them their best results and back to leading productive lives. Call if you need us, or if you just want to say hello. Amos P.S. If you think the group texts are exhausting now, wait until basketball season.
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Short Reports
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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Short Reports
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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Short Reports
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.
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Short Reports
What Are The Penalties For A Murder Or A Manslaughter Conviction?
11/05/2020In 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?
11/05/2020Sex 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.
