Category Archives: Juvenile Offense

Can Social Media Posts Be Used As Evidence In Raleigh, NC Court Cases?

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Many users post to social media without considering that their words, pictures, or other content could have adverse consequences. Most people like to post pictures of food, their pets, children, or discuss other everyday things. But sometimes what you post can have serious repercussions.

If you are involved in a court case—whether criminal, family law (including divorce and child custody cases), worker’s compensation, or personal injury, for instance—anything posted on social media is available to anyone who finds it. Many people have lost their cases because of something found on their social media.

Divorce lawyers are particularly devious when it comes to finding evidence on social media that can win the case for their clients. In any court case, content posted on social media can and likely will be used as evidence by opposing counsel. Technology means that unless you can prove that your account was hacked, everything can be authenticated before the trial.

Criminal Postings

It seems ridiculous, but many people have been caught and arrested after posting pictures of themselves on social media and even confessing to a crime.

Can Social Media Posts Be Used As Evidence In Raleigh, NC Court Cases?

  • Mooresville NC— Jade Tyson Brannon, 44, was arrested in June of 2020 for posting threats of violence against law enforcement on social media.
  • Fayetteville, NC— Lacy Kornegay, 21, made social media posts with threats against an ethnic group and listed someone else’s address to lead a reader to someone else’s home.
  • San Diego, CA—bank employee Arlando Henderson, 29, is arrested by the FBI in December of 2019 after stealing over $88,000 from the bank’s vault. He posted multiple pictures of himself with stacks of cash on both Facebook and Instagram. He used some of the money to put a down payment on a new luxury vehicle, and committed loan fraud to pay the balance.

Last year, the FBI admitted that it searched through social media to try and identify “potential flashpoints for violence.”

Even if your settings are “private,” it’s not uncommon for law enforcement to connect with someone on your friend’s list to obtain evidence. Witnesses can also provide evidence from a social media page.

But doesn’t this come under free speech? Yes, it does—and it’s placed online for the world to see. Therefore, law enforcement may not need a warrant to get it, since discussing anything on social media is no different than discussing it in any public place.

A Real-Life Case

On 9/10/2012, a grand jury indicted Antonio Delontay Ford of involuntary manslaughter and obstruction of justice in the death of Eugene Cameron. The matter went to trial on 7/23/2014, and he was convicted of involuntary manslaughter.

In State Of NC vs. Ford (No. COA15-75, filed in the appellate court, 2/16/2016), the defendant appealed a decision based on the unlawful introduction of some of his social media postings from his MySpace page. The page included pictures of his dog, a pit bull named “DMX,” which attacked and killed Cameron unprovoked.

Neighbors reported previous encounters with this dog, including three incidents of bites. The dog was known to be vicious, and it had been allowed to run through the neighborhood unsecured and unsupervised. The owner of the home where Cameron was found suggested to detectives that they speak with next-door neighbor Ford, a dog owner.

Detectives questioned Ford, he admitted that DMX was his. DNA analysis of both the victim and DMX showed that the dog was responsible for Cameron’s injuries that led to his death.

The night before the trial, a detective discovered Ford’s MySpace page. In addition to pictures and videos of the dog, the page contained a video captioned, “DMX tha Killer Pit.” A second video contained the caption, “After a Short Fight, he killed that mut.”  One picture bore the description, “undefeated.” Screenshots of several videos were submitted into evidence, and a rap song sung by the defendant was played for the jury. The song was posted on his Myspace page, and the lyrics denied that the dog was the cause of death.

In his appeal, Ford stated that the court erred in submitting his rap song about the dog, evidence from his online presence, and committed an error in admitting opinion testimony. He attempted to stop the admission of his rap song as evidence but was denied. The jury heard the rap song in its entirety, including racial epithets and other profanities. Ford contended that the content offended the jury, which caused them to overlook the “holes in the State’s case.” Conversely, the prosecution showed that not only did Ford know that DMX was a dangerous and vicious animal, but he was also proud of it. Ford’s social media supported this assertion.

The court disagreed with Ford’s appeal:

“Pursuant to North Carolina General Statutes, section 8C-1, Rule 402, “[a]ll relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by the Constitution of North Carolina, by Act of Congress, by Act of the General Assembly or by these rules. Evidence which is not relevant is not admissible.” N.C. Gen. Stat. § 8C-1, Rule 402 (2013)

Your Criminal Defense Counsel In Raleigh

If you’ve been charged with a crime—any crime—the first thing to do is stay off social media, and avoid posting anything until you speak with a criminal defense attorney.

Even as a misdemeanor, any type of conviction can have long-ranging consequences that impact your life, including a permanent criminal record.

If you’ve been arrested and are facing any kind of criminal charges, call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your case at (919) 832-0307. You can also email us using our online contact form.

Juvenile Crime Statistics in North Carolina

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“Juvenile Justice” is the name given to the juvenile court system in North Carolina, emphasizing rehabilitation over incarceration. The idea is that it’s easier to help teenagers before they develop into a life cycle in and out of jail.

But North Carolina has seen a decrease in juvenile crime over the last few years, according to the 2018 annual report from the NC Department of Public Safety.

The Statistics

Juvenile Crime Statistics in North CarolinaThe latest report from DPS indicates that since 2010, juvenile crime has decreased by 41%.

Additionally, the report states that the number of teens who were destined to a detention center has dropped a whopping 62%.

School-based complaints went from 16,097 in 2010 to 10,453 in 2018, a decrease of 35%. 75% of the complaints were about male students, and 25% were for female students.

Trends for gang affiliations also went down from 8.7% in 2010 to 7.2% in 2018.

In Wake County, the latest available information indicates that for every 1,000 youth, the rate of delinquent complaints against juveniles ages 6 through 15 received by court services offices is 6.7.

In detention center admissions, 81% of admittees were male, and 19% were female. Of those that engaged in Youth Development Center Commitments, just 9% were female, and 91% were male.

Out of 11,136 juveniles, there were a total of 23,580 complaints, many of which can have multiple outcomes. Of those complaints, 16% were closed, 24% were diverted, and 50% were approved for court.

Juvenile Crime Prevention Council (JCPC) data also shows that out of 21,248 high-risk youths that were served by community-based programs that offered successful alternatives, there was a 21% recidivism of these individuals in a three-year period.

Youth Education

The report also offers success stories on some of the students who participated in the Youth Development Center (YDC) education programs:

  • Twenty of the students passed all five sections (Reading, Writing, Math, Science, and Social Studies) of the HiSet assessment to obtain their high school equivalency diplomas while enrolled in YDC. One student transitioned back to his community to begin job searching and was scheduled to begin attending community college courses in spring 2019.
  • Out of a total of 167 HiSet section tests taken, 81% of the students passed the tests, with 30% of test scores at the “College and Career Ready” level. Students enrolled in traditional middle or high school courses earned credit for 88% of classes, and 90% of students were promoted to the next grade level.
  • Stonewall Jackson YDC piloted a five-student vocational training program, called C-Tech. Learning skills in copper cabling and telecommunications, all five mastered the material and earned an industry-recognized certification.
  • Stonewall Jackson YDC also offered 48 students training through the horticulture and greenhouse operations program. Several worked toward a Master Gardener certification or a certification in greenhouse management.

Raise The Age

A significant factor in the decrease is the Raise The Age campaign, which successfully sought to raise the age of those charged in non-violent adult crimes to 18. Signed into law and implemented on December 1, 2019, the law allowed these teens to stay in out of the adult court system and avoid an adult criminal record.

North Carolina became the last state in the US to implement this change, allowing more 16- and 17-year olds to avoid criminal charges in adult court as an under-age offender for non-violent offenses. While these teenagers will still be held accountable for their actions, they will not have to suffer the lifelong consequences of an adult criminal charge.

Class A to G felonies committed by 16- and 17-year olds will still be transferred to adult court after a notice of indictment or a court that finds probable cause.

However, what has yet to be addressed is the fate of these teenagers who were already in the system when the law took effect.

Call Juvenile Crime Attorney Dewey P. Brinkley

If your child has been charged with a crime, it’s important to find a juvenile court attorney who can investigate and determine your chances at trial and keep your child’s case in the juvenile court system and out of adult criminal court. Alternative sentencing, education, and training and other similar state services may be available in lieu of jail time, but you might not be aware of these options on your own.

Dewey P. Brinkley is a former Wake County Assistant District Attorney. He can aggressively defend your child in juvenile or adult court against any criminal charges, major or minor. He will work to ensure a fair trial and that your child’s rights are protected.  Call today at 919-832-0307 or use our contact page to schedule your free consultation.

How Bad Is A “Disorderly Conduct” Charge In Raleigh, NC?

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Of all the things a person could be charged with, “disorderly conduct” sounds rather tame. Another name for it is “disturbing the peace.”

But if it happens to you, realize that it’s because a police officer interpreted your conduct—whatever it was—as a disturbance. When you reach trial, it will be up to a judge to determine if what you were doing actually was disorderly conduct. That’s where a criminal defense attorney can make the difference.

Take even a first-time charge seriously. However tame it sounds, you could still be convicted, serve time in jail, pay fines, and walk away with a criminal record.

What North Carolina Considers Disorderly Conduct

North Carolina Code §14-288.4How Bad Is A "Disorderly Conduct" Charge In Raleigh, NC? describes disorderly conduct as “a public disturbance intentionally caused by any person” who commits any one of a number of described actions, such as:

  • Fighting or other violent activity
  • Abusive language, including abusive gestures
  • Overtaking school premises without permission
  • Refusing to leave a building after being asked to by either law enforcement or other administrator
  • Interfering with or otherwise disrupting the teaching of students in any educational environment
  • Congregating in any fashion after being told not to by law enforcement or other administrators
  • Disturbing the peace on a school bus
  • Interfering with or otherwise disturbing any religious activity

“Failing to disperse” is a similar charge that is sometimes used when three or more individuals do not leave as ordered by law enforcement after a period of time or creates the risk of injury to another person.

What Happens If I’m Arrested?

When you or a family member is charged with disorderly conduct and/or failure to disperse, it’s important to act quickly to be ready for a court appearance, and with good legal representation.

After your arrest, a judge may require you to post bail to leave, depending on any prior convictions you may have, and if the judge considers you to be a flight risk. If not, you may be released on a promise to appear for your court date without bail.

Right away, it’s time to find and retain legal counsel to begin building your defense. You need to be represented in court by someone who will defend you against the charges and give you the best chance at a positive outcome.

Convictions And Sentencing

For a first offense, you may be required to pay a fine without jail time. However, the judge’s discretion determines your sentencing.

Since Disorderly Conduct is a Class 2 misdemeanor, it’s possible to be sentenced to 60 days in jail with a $1,000 fine for a first offense. Second offenses are classified as a Class 1 felony, increasing jail time to as much as 12 months in prison. Third and subsequent offenses become Class H felonies, with as much as 25 months in prison.

If convicted, a criminal defense attorney may be able to get your charges reduced to a misdemeanor, or possibly dismissed outright.

Defending Yourself

When you find yourself in charged with disorderly conduct, remember to:

  • Never resist arrest, even if you’re wrongly charged—that’s a separate charge for which you can be convicted
  • Strongly exercise your right to remain silent, and only speak with your lawyer, no one else. Literally, anything you say can (and likely will) be used against you later.
  • Find and retain a skilled and experienced Raleigh criminal defense lawyer who will investigate your case and create a compelling and persuasive defense strategy to have your charges dismissed or reduced to a lesser offense.

Gather any available evidence that can prove your innocence as well, from digital information such as GPS coordinates, texts, and emails to physical evidence such as photographs, tickets, or other information that can positively prove your whereabouts at the time the crime was committed. Your attorney can use them when building your defense.

Call Dewey P. Brinkley For Disorderly Conduct Charges

False accusations do happen, but even if you have committed a crime, a strong defense is your best chance in court.

Dewey P. Brinkley is a former Wake County prosecutor who will prepare a strong defense and make sure you receive a fair trial under the law. He has considerable experience defending those charged with disorderly conduct and works for the best possible outcome. Contact our Raleigh law office today at (919) 832-0307 for a free consultation.

Long-Term Effects Of A Juvenile Crime Conviction In North Carolina

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If you or your child are become entangled in the juvenile court system, you may be concerned as to how this will affect his or her life longer-term. Like an adult (over 18) who commits a crime, there are repercussions that could persist long after his or her 18th birthday, sometimes called “collateral consequences.”

What Is A Juvenile?

Long-Term Effects Of A Juvenile Crime Conviction In North CarolinaAs of December 2019, anyone under the age of 18 is considered a juvenile. The state’s “Raise The Age” initiative took 16- and 17-year old out of the adult court for most misdemeanors and moved them into the juvenile justice system. So now this age group has the chance for a “clean slate” at the age of 18, and the chance to start over, just as if they were 15 and under.

Additionally, the juvenile justice system in North Carolina (as is in most of the US) focuses on rehabilitation, rather than retribution, although incarceration figures into both. Youths are sent to “correctional facilities” rather than prisons. The idea is that the juveniles will be re-educated to become productive members of society, rather than continually cycling through the criminal justice system.

Social Stigma

It’s no secret that juvenile males are more likely to commit crimes than females, and they are arrested more often than females. Juveniles don’t always make the best decisions, particularly quick decisions.

Going through the juvenile justice system is expensive for parents, and if they are unable to pay the high-dollar costs of fines and rehabilitation, the charges may follow him or her into adulthood. Because the individual lacks the education, he or she may find themselves unable to find anything but low-paying employment.

An adolescent with a record may be labeled as a “criminal” may face social retribution from family, friends, and others in the community. Some juvenile criminals continue into a life of crime and stay there their entire lives.

Education And Employment

Because more than 60% of colleges and universities include questions about an applicant’s criminal history on their application, juvenile delinquents have a distinct disadvantage for both higher education and employment. While it’s not impossible, it can be difficult to get into higher learning with a criminal history as a juvenile. Many are more likely to ascent to two-year programs rather than four-year programs. However, many arrestees are more likely to drop out of high school, long before they’re anywhere near the point of applying to college or a trade school.

Companies that offer jobs to teenage applicants may be put off by an arrest and/or conviction of a juvenile, and many occupations may prohibit someone with a juvenile arrest record from participating.

Future Income

A study by Eric Hyla at Illinois Wesleyan University notes that youths with an arrest make, on average, reduces their income $6,000 than their peers who had no criminal convictions. This figure is only for one arrest, and doesn’t take into account multiple arrests. The study also shows that children who grow up with more affluent parents tend to have higher incomes later in life despite an arrest.

However, when education is included, the youth’s future income increases by $3,000 with one year of education. Individuals who were not arrested had two additional years to devote to education, and a conviction of a juvenile conviction does not necessarily impact future income if education is included. Without it, future earnings can be significantly impacted, especially if the juvenile continues committing crimes as an adult.

Housing

If the juvenile’s family lives in public housing, it’s very likely that they will be evicted because of the arrest.

Private housing (such as a rental home or apartment complex) may also have a clause that includes activity that affects the well-being of the community. Any criminal activity can put the family in jeopardy of violating the terms of the lease, leading to evictions.

When the juvenile becomes an adult, it’s also likely that they will have difficulty obtaining housing for themselves and their families.

Dewey P. Brinkley, Raleigh’s Juvenile Court Attorney

If your child has been charged with a crime, your first goal should be to keep the case from moving into adult criminal court. You should also find a juvenile court attorney who can investigate and determine your chances at trial.

Dewey P. Brinkley is a former Wake County Assistant District Attorney. He can aggressively defend your child in juvenile or adult court against any criminal charges, major or minor. He will work to ensure a fair trial and that your child’s rights are protected.  Call today at 919-832-0307 or use our contact page to schedule your free consultation.

Reasons Why A Juvenile May Be Prosecuted As An Adult In North Carolina

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Minors who get into trouble for misdemeanors and “petty” crimes are usually dealt with through the juvenile justice system. This separate system is designed to offer rehabilitation and other services to those 16 and under who have broken the law. North Carolina considers anyone between the ages of 6 and 17 to be a “juvenile.”

Reasons Why Juvenile May Be Prosecuted As An Adult In North Carolina

Rather than incarceration, the juvenile justice system focuses on the child and the family, and includes education, community programs, and treatment. A stint in a juvenile detention facility may also be included. Juvenile records are usually sealed, meaning that the minor has a “fresh start” as an adult.

We previously discussed how juvenile crimes are treated differently in North Carolina. The adult court system focuses on punishment rather than rehabilitation, and has tougher punitive consequences such as fines and prison time. Even a conviction in adult court without jail time will mean a criminal record with long-term repercussions.

Currently, 16- and 17-year olds are automatically tried in adult court for even minor offenses, while younger individuals stay in the juvenile court system.

When A Minor Child Commits Adult Crimes

Juveniles of nearly any age can be charged as an adult if they have committed more serious crimes. Frequently, the judge is allowed to use his or her discretion in allowing a juvenile to be tried as an adult. A minor can be charged as an adult if:

  • The crime is more serious, requiring the child to be tried as an adult
  • The juvenile has been in trouble before and was previously tried as an adult (this is the “once an adult, always adult” mandate)
  • He or she understood the serious nature of the criminal act and the repercussions
  • The juvenile has a history of similar criminal acts

Charging and trying a minor child as an adult occurs for crimes such as murder, sexual assault, drug crimes and crimes involving a weapon.

Raising The Age

Until next month, juveniles over 16 charged are still automatically charged as adults. North Carolina is the last state in the US to “raise the age” for those in juvenile court from 16 to 18.

Effective December 1, 2019, anyone under the age of 18 facing a misdemeanor charge, or the state’s two lowest-level nonviolent felonies (break-ins and larceny) will be tried in Juvenile Court rather than as an adult.

This gives the 16- and 17-year olds the opportunity to access services available under the juvenile justice system. They have the choice and the chance to turn their lives around and avoid an adult criminal record before 18. Research shows that individuals who go through the juvenile justice system are less likely to commit crimes as an adult, which also lowers the adult crime rate.

Juveniles who are under 18 and are charged and arrested on more serious felonies will still be sent to Juvenile Court first. However, district attorneys will then have the option to move the cases to adult court either through a judge or a grand jury indictment. Those who were arrested and charged before the law takes effect will still be tried as adults under the previous system.

Raleigh’s Juvenile Court Attorney, Dewey P. Brinkley

If your child has been charged with a crime, your first goal should be to keep the case in juvenile court. You should also find a juvenile court attorney who can investigate the case and determine your chances at trial.

Dewey P. Brinkley is a former Wake County Assistant District Attorney. He can aggressively defend your child in juvenile or adult court against any criminal charges, major or minor. He will work to ensure a fair trial and that your child’s rights are protected.  Call today at 919-832-0307 or use our contact page to schedule your free consultation.

 

How Serious Are Disorderly Conduct Charges in Raleigh, NC?

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Historically, the term “disorderly conduct” conjures up images of protests, marches, sit-ins and other public demonstrations from the 1960’s. These types of activities still exist, but public rallies and other gatherings usually require permits from the city or municipality where they are held.

While many large-scale gatherings are peaceful, they can also change into something that endangers the public quickly. Intoxicated individuals, people blocking or disrupting the course of normal business, groups of people shouting at funeral or memorial services, and other acts intended to cause problems or violence can result in disorderly conduct charges under NC General Statutes Section 14-288.4.

What Is Disorderly Conduct?

Two men fighting and then receiving disorderly conduct charges Raleigh, North Carolina

North Carolina considers this to be “a public disturbance intentionally caused by any person” who:

  • Starts a fight, engages in fighting or other violent conduct
  • Creates a threat of imminent violence
  • Is abusive, disturbs the peace, and intends to cause a violent reaction
  • Takes possession of a building without permission, and refusing to leave a facility after being ordered
  • Disrupts, blocks, interferes with or otherwise interfering with and disturbing a religious activity, funeral or memorial service two hours before or after and within 500 feet of an activity, including a military funeral or memorial service
  • Occupies or otherwise interferes with the operation of an educational institution, including
    • Congregating
    • Seizing buildings
    • Blocking entrances and exits
    • Intending to disrupt the operation of the institution
  • Disturbs the peace, order or discipline at a public school or onboard a public school bus

Failing to follow an officer’s orders can also lead to additional charges of:

  • “Failure to disperse,” if an officer believes that there is a riot about to occur, you’re ordered to leave and fail to obey the officer’s request
  • Loitering
  • Being drunk in public
  • Blocking or obstructing traffic
  • Resisting arrest

“Disorderly conduct” is also a collective term that police may use to arrest a number of people who are causing a disturbance or appear to be, even if they’re innocent. That’s why it’s important to find a Raleigh criminal defense attorney who can defend you in court.

Penalties For Disorderly Conduct In North Carolina

 

North Carolina considers a first offense for disorderly conduct a Class 2 misdemeanor. However, a second offense is a Class I felony, while third and subsequent offenses are a Class H felony.

For a first offense, you may be given a fine of up to $1,000 and a sentence of 60 days in jail, depending on the judge’s discretion. A second offense can bring three to twelve months in jail, while a Class H may be four to twenty five months incarceration, in addition to any court-imposed fines. North Carolina also has no statute of limitations on felony charges.

However, police officers may use the term “disorderly conduct” when they don’t have something more specific to charge you with at the time of arrest. This means that unless you were specifically caught doing something disruptive, a North Carolina criminal defense attorney can challenge your arrest and your charges.

Raleigh’s Criminal Attorney

Dewey P. Brinkley is an experienced criminal defense attorney Raleigh, NC. Before working as a defense attorney, he was a Wake County Assistant District Attorney. He understands the criminal justice system, and can handle disorderly conduct as well as other misdemeanor charges.

Call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your criminal defense case at (919) 832-0307. You can also email us at dewey@deweypbrinkleylaw.com, or use our online contact form.

How Are Juvenile Crimes Treated Differently In Raleigh, NC?

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Children who break the law are generally treated differently after their arrest, especially if the crimes they are charged with are minor, nonviolent and aren’t considered felonies.

Over 100 years ago, arrested juveniles were sent to jail with hardened, dangerous criminals. The juvenile justice system in the US was created in 1899 to separate young people from the adult criminal population. The focus was on punishment for juvenile crimes as well as rehabilitation to keep them away from a life of crime and live productively.

Because of this long-held mindset, when a juvenile is arrested, he or she has a number of options for rehabilitation that an adult offender would simply receive in a jail sentence.

The Benefits Of Juvenile Court

Woman discussing juvenile crimes with a young man in a black leather jacket in a dark police interrogation room.

As a parent, you never want to hear that your child has been arrested. When it happens, there are key differences in the way a child is treated than an adult.

Any infraction that a juvenile commits is called a “delinquent act,” not a crime. However, older juveniles who commit violent or serious crimes are tried and sentenced as adults, no matter what their age.

Juveniles have “adjudication hearings” instead of trials. Since these hearings are heard by judges, they are not subjected to open court as they would be in a criminal court trial.

If the delinquent acts are not violent, prerelease is possible.

Juvenile records are sealed so that their criminal record does not follow them around for life. If the individual has met certain conditions, such as completing community service, anger management or other rehabilitative orders, the record can be expunged when he or she turns 18.

Juveniles also have the right to an attorney, including a public defender at no charge.

Rights of A Juvenile

Unlike adult court, a juvenile arrest does not include the right to have:

  • Bail
  • Jury trial
  • Speedy trial
  • Self-representation

Should a juvenile be transferred to adult criminal court, these rights are restored. However, if tried as an adult, a juvenile will be subjected to prison sentences and a permanent criminal record.

A juvenile does have the right to:

  • Remain silent and decline to answer questions
  • Have an attorney present during questioning
  • Have a parent, custodian or guardian present during questioning

However, your defense goal should be to keep a juvenile out of the adult criminal justice system, and ensure that he or she is not tried as an adult.

Currently, 16- and 17-year olds are tried as adults in North Carolina, even for nonviolent offenses. In December of this year, that will change, and they will be tried and treated as juveniles until the age of 18. Currently, North Carolina is the only state that tries them as adults. The “Raise The Age” reform is estimated to keep more than 5,000 teenagers out of the criminal justice system every year, saving them from a permanent criminal record.

When A Juvenile Is Tried As An Adult

Young people who commit juvenile crimes such as drugs, weapons possession, assaults, alcohol/tobacco possession or usage and other serious felonies are automatically tried as adults.

There are three ways that an individual can be sent to adult criminal court for juvenile crmes:

  • Previous adult charge—if the juvenile has had a prior case transferred, they will always be sent to adult court
  • Discretionary waiver—should a juvenile of 13 or older be charged with an adult felony offense, the juvenile court can request a transfer to an adult criminal court
  • Mandatory waiver—a juvenile court is required to transfer a juvenile of 13 or older to adult criminal court if he or she is charged with an adult felony and there is a motion ordering the court to do so

If the prosecutor or court is asking for your child’s case to be transferred to adult criminal court, he or she can defend themselves against the request. The court must have probable cause demonstrated at a hearing before the transfer can take place.

Raleigh Juvenile Court Attorney

Dealing with juvenile court can be a harrowing experience, but a court-appointed attorney is not your only option. Having a defense attorney who can help you and your child through the system can make things a lot easier, and ensure that your child’s rights are protected.

Dewey P. Brinkley is a former Wake County Assistant District Attorney. He can aggressively defend your child in juvenile or adult court against any charges, major or minor, and work with you through the entire judicial process.  Call our juvenile defense attorney today at 919-832-0307 or use our contact page to schedule your free consultation.

What Are The Age Limits To Be Tried In A North Carolina Juvenile Court?

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You’ve received a phone call you hoped you never would: your child is in trouble with the law. If it’s the first time, you’re probably very concerned, and not sure what to do. The words “juvenile court” are probably one of the first things you think of.

North Carolina considers anyone who is under the age of 18 and unmarried, un-emancipated and not a member of the military to be a “juvenile.”

What Is Juvenile Court?

Raleigh NC defense attorney discusses North Carolina juvenile justice system.In North Carolina, it’s actually called “Juvenile Justice,” and refers to anyone ages 6 through 15 that “alleged to or have been found to have committed an undisciplined or criminal offense.”  DPS also handles youths 16 and 17 years old who have undisciplined complaints filed against them.

The North Carolina Juvenile Justice system handles two types of offenders: delinquents and undisciplined.

A delinquent is someone who has committed a misdemeanor crime, such as traffic offenses, vandalism, and shoplifting.

An undisciplined juvenile is one who is outside of the discipline of his or her parents, guardians or custodians. These are the kids who skip school, go where they should not be (such as bars) and has run away from home for more than 24 hours.

Many of the offenses can be expunged once the court records are sealed, if the crimes aren’t serious.

Penalties

One of the main differences between North Carolina Juvenile Justice and adult criminal court is the focus on rehabilitation instead of incarceration. Because the system concentrates on rehabilitating juveniles, they may be eligible to have their records expunged upon successful completion of sentencing. These are for individuals who have not committed felonies.

A judge can issue several types of alternative sentencing, including community service types of programs, victim restitution, counseling and other “non-jail” penalties.

Detention centers are locked facilities for juveniles awaiting a hearing or for juveniles ordered to confinement for an act of delinquency. Repeat offenders may be required to stay in detention until the age of 21.

A flowchart of the process is available on the North Carolina DPS website.

North Carolina Juveniles Committing Felonies

If a North Carolina juvenile commits felony offense, such as drug trafficking, alcohol or tobacco possession or use, or other serious crime, they are automatically sent directly into the adult court system if they are 16 or older if the judge finds probable cause. As of December 1, 2019, they will be automatically sent at the age of 18, and anyone younger will have a transfer hearing before being sent to adult criminal court.

Should the judge find probable cause of a Class A felony (such as first-degree murder) with a juvenile who is 13 or over, he or she is required to send the case to adult court without a transfer hearing.

Unlike Juvenile Justice, they will be tried as an adult, and if they are 15 or over, the arrest and proceedings will be public, just as if they are over 21. Unless acquitted, the juvenile’s court record will not be sealed, and everything will be made public.

Hire An Experienced Raleigh, NC Defense Attorney

If your child has been is in trouble with the law, you’ll need an experienced Raleigh, NC defense attorney who understands the state’s juvenile justice system as well as the adult court system. Dewey P. Brinkley is a former Wake County Assistant District Attorney. He can aggressively defend your child in juvenile or adult court against any charges, major or minor. Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation.

Are Juvenile Court Hearings Open To The Public In Raleigh?

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Are Juvenile Court Hearings Open To The Public In Raleigh?

Going to juvenile court with your son or daughter can be a daunting experience by itself. But how many other people will know or find out about it?

Are These Hearings Open To The Public?

Are Juvenile Court Hearings Open To The Public In Raleigh?

The short answer: in most cases, yes, they are.

  • If the case has extenuating circumstances, a judge may decide to close the courtroom to protect the juvenile. For instance, if there case contains sensitive information about the accused, the family, or any victims from disclosure of the information, the judge can keep the information from becoming public by closing it off.
  • Excluding public attendance still allows victims, their family members, law enforcement, witnesses and anyone else directly involved in the case to remain in court.
  • Records from juvenile court proceedings, however, are not available for public disclosure without a court order. This is to protect the privacy of the children involved in the proceedings. Only involved individuals can access these records, including:
    • The juvenile
    • The juvenile’s parent and/or guardian
    • The juvenile’s attorney
    • Prosecutors
    • Probation officers
    • Juvenile court counselors

Attending Juvenile Court

For anyone under the age of 18 who is accused of certain types of offenses, there are two court systems available.

The first is the criminal court system for adults, which, for juveniles, is when they commit felonies including (but not limited to) drug charges, weapons possession, assault or other form of bodily harm. This system will involve going to criminal court, standing trial, and if convicted, potential jail time or other sanctions.

Juvenile court is a slightly different approach for wrongdoers under the age of 18. While the point of criminal court is justice and incarceration, juvenile court is more focused on rehabilitation, and giving the child a chance to become an adult without a criminal record.

The next steps will depend on a few things:

  • Whether the child is considered “delinquent” or “undisciplined”
  • Whether the child is in secure or non-secure custody
  • Whether the child is charged with a misdemeanor or a felony

The next step is an adjudicatory hearing, the equivalent of a jury trial for adults. The State holds the burden of proof to prove beyond a reasonable doubt that the delinquent juvenile has committed the offense he or she is accused of. For an undisciplined juvenile, clear and convincing evidence must be presented to prove the case.

A disposition hearing follows, similar to a sentencing hearing for an adult. However, because this is a juvenile court, a disposition isn’t a “sentencing,” but an individual court-ordered plan for rehabilitation. It is also designed to hold the juvenile accountable for his or her actions, and not to just dismiss them because of their age.

A judge has a range of choices when it comes to administering punishment and rehabilitation. These can include:

  • Restitution to victims
  • Community Service
  • Supervised Probation
  • Evaluation and Treatment
  • Incarceration (confinement in either a youth development center or detention center)

More information on disposition is available here and here.

Your Child’s Best Defense In Court

As a former Wake County prosecutor, Dewey P. Brinkley is now an experienced criminal defense attorney who can guide you and your child through the court process. He can defend your child against charges, fight wrongful charges and work for a more reasonable sentence if convicted. Call the law offices of Dewey P. Brinkley today (or use the online contact form) to schedule a free initial consultation to discuss your child’s case at (919) 832-0307.

 

What Is Adjudication And How Is It Different Than A Conviction In Raleigh?

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When a juvenile breaks the law, there are two possibilities after the arrest, depending on the type of charges involved. Underage offenders who commit minor offenses are brought into the juvenile court system. Juveniles who commit more serious crimes—drug and/or weapons possessions, assault and other felonies—are generally tried as an adult in the criminal justice system. The focus of the juvenile court system is rehabilitation and intervention, rather than punishment, the focus of the adult criminal justice system.

Definition

This term has a number of meanings in different places. Black’s Law Dictionary defines adjudication as “the giving or pronouncing a judgment or decree in a cause; also the judgment given.”

In Raleigh, North Carolina, “adjudication” in juvenile court is the equivalent of the term “conviction” for an adult in criminal court. Court proceedings are handled in state court.

What Is Adjudication?

Juvenile Criminal Defense Attorney In Raleigh

Juvenile cases are similar to adult court proceedings. The trial is called an “adjudicatory hearing,” where a judge (and in some jurisdictions, a jury) reviews the evidence and determines the facts prove the charges beyond a reasonable doubt. If he or she has been found “guilty” in juvenile court, the verdict is called “adjudication.”

An adjudication does not always mean incarceration (also called “commitment”) as it might in an adult criminal court. Since the focus is on rehabilitation before the age of 18 (and sometimes, 21), there are a number of alternatives to jail time that a juvenile can receive.

Deferred adjudication (also called Diversion) is an alternative to incarceration that may involve probation or other conditions that the juvenile will have to meet to resolve, and possibly dismiss the charge or charges. Deferred adjudication is frequently used in cases where the circumstances of the case warrant giving the juvenile a second chance.

The Disposition is the equivalent of a sentence and is the final decision on how the juvenile’s case will be handled after adjudication. Again, rehabilitation is the goal, so the disposition can include:

  • Fines and restitution
  • Community service
  • In-home placement under supervision or probation
  • Out of home placement in commitment facilities

Disposition can also involve a specific treatment plan to address conditions in the child’s current behavior and living environment.

Adjudication is also not a matter of public record as standard criminal convictions are.

Conviction

As an adult, a conviction in criminal court is a different matter, proving beyond a reasonable doubt that the individual did commit the crime in question.  Depending on the severity of the charges and the outcome, fines, loss of a driver’s license, and jail time are possibilities.

While juvenile charges may, eventually, be reduced or dismissed, adult criminal convictions aren’t as easy to lose. A conviction, even if no jail time is involved, can bring difficult restrictions that may be lifelong obstacles, such as:

  • Losing the right to vote
  • Barred from holding a public office
  • Barred from serving as a juror
  • Restrictions from many types of employment that require licensure (health care workers, attorneys, barbers and cosmetologists, and others), depending on the charges

Employment restrictions may depend on the type of charges one is convicted of; but discharge from employment is also possible in occupations where “moral turpitude” is a factor. Once discharged after a criminal conviction, unemployment can also be denied.

Convictions can be expunged under certain circumstances. A skilled criminal defense attorney can help you remove a conviction from your record, or appeal if necessary.

Juvenile Criminal Defense Attorney In Raleigh

Children in trouble can be a parent’s worst nightmare, but help is available. Attorney Dewey P. Brinkley is a former Wake County prosecutor who understands the court system and can help defend your child in juvenile or adult court. Call today: 919-832-0307 (or contact him online) to schedule an appointment for your free initial consultation.