Individuals who come to court are usually facing a difficult situation. You want to achieve the best possible result so court preparation is important. From my experience as a former prosecutor, here are some important tips to keep in mind when preparing for court. Know Your Court Date and Courtroom If you have…
There is a recent News and Observer article on what motorists should do during a traffic stop (based upon DMV guidelines). Motorists should certainly follow these guidelines to ensure everyone’s safety during a traffic stop. A separate issue is what individuals should know regarding potential legal issues relating to a traffic stop. When police…
A recent blog post from Professor Jeff Welty with the UNC School of Government raises some interesting issues regarding discovery in this technological age. As Professor Welty notes, law enforcement officers could make statements or notes via text message that are relevant to a criminal case. Pursuant to North Carolina General Statutes Section…
Self-defense cases seem to generate a lot of interest and attention. Here is an article from John Rubin with the UNC School of Government (posting on the UNC School of Government’s Criminal Law Blog) on a recent NC case involving a self-defense issue. https://nccriminallaw.sog.unc.edu/self-defense-retreat-places-defendant-lawful-right/#more-7752
No one ever wants to hear the words “You’re under arrest” or the unmistakable sound of handcuffs. When that happens, one may ask, “What do I do if I have been arrested?” or “What do I need to know if I get arrested?” Therefore, if you are ever arrested for a criminal offense, here is…
If you are charged with a criminal offense for the first time, the experience can seem daunting. You may be concerned about questions such as the following. What impact will this have on my status at school or on my ability to get into college or graduate school? Will this affect my ability to participate…
From watching crime dramas and movies, most people have heard the Miranda rights read countless times. You have probably heard some variation of the following: “You have the right to remain silent. Anything you say can and will be used against you in court. You have the right to an attorney. If you cannot…
I recently posted information regarding NC’s expungement laws. There are changes to NC’s expungement statutes, which will begin to take effect on December 1, 2017. The new statutes are listed here. In addition, John Rubin with the UNC School of Government has written an article on the changes, which is linked here.
Recently, I have discussed North Carolina’s expungement and certificate of relief processes as possible ways to address the impact of a criminal conviction. These options generally pertain to individuals who have only been through the criminal process once and have relatively minor convictions. However, individuals with multiple convictions and those who committed serious offenses…
A criminal conviction could have a significant and lasting impact on individuals, especially young people. In particular, convictions could impair an individual’s ability to get into college, obtain employment, and/or receive a license/certification to practice in a particular field. Everyone makes mistakes during their lives. When the mistake results in a criminal conviction, an…
Last week, I noted the potential punishments in state/federal court for individuals who distribute heroin that results in death/serious bodily injury. Today, I will discuss a couple issues that could arise in the prosecution of these types of cases. It is important to keep these issues in mind when preparing a defense. Causation …
As many are aware, drug overdose deaths (especially from heroin) are sadly on the rise. The increase might also lead to a larger number of criminal prosecutions. Federal Prosecutions Pursuant to Title 21, United States Code, Section 841(b)(1)(C), an individual who distributes heroin resulting in death or serious bodily injury faces a 20-year…
As a former Special Assistant United States Attorney assigned to the drug unit, I know that cooperation is often a key part of a federal drug case. Many defendants facing federal drug charges decide to cooperate with the Government hoping to receive substantial assistance in order to reduce the amount of time they will…