Category Archives: Blog

Will 18-Year Olds Soon Be Tried As Juveniles?

Blog, , ,

At first thought, most people think of juveniles as being 18 years old or younger, while adults are over 18 years old. However, in the North Carolina legal system, this isn’t necessarily so. If you are a 16-year-old in North Carolina (one of two states in the USA that follow this distinction), you can and will be tried as an adult for both violent and non-violent crimes.

North Carolina Juvenile Law | Juvenile Attorney Dewey P. Brinkley

As one of the leading juvenile defense attorneys in Raleigh, we are often confronted with the question, “Why isn’t my 16-year-old son/daughter being charged as a juvenile?” Historically, the law in North Carolina designated 16-year-olds olds as adults, no matter if the juvenile was charged with a misdemeanor or felony. However, this law may soon change.

If you are a juvenile, or a parent of a juvenile, and you were charged with a crime, don’t hesitate and contact the Law Office of Dewey P. Brinkley in Raleigh. We offer professional, comprehensive criminal defense strategies, and our goal is to prove your innocence, get the charges dropped, or reduce the penalties and long-term consequences of the alleged charges. Call us today at (919) 832-0307.

Possible Changes in North Carolina Juvenile Law

There are only two states in the United States that put adult criminal responsibility on 16-year-olds, including North Carolina and New York. Unfortunately, the statistics regarding youths in adult prisons is not very positive. For instance, youths in adult prisons are more likely to re-offend, and although juvenile records are sealed, youths convicted as an adult will face a criminal record which may haunt them for years to come.

The goal is to turn this system around. The North Carolina Commission on the Administration of Law and Justice, convened by the North Carolina Supreme Court, released a preliminary proposal in August 2016, asking the state to raise the age of criminal responsibility to 18. The General Assembly may consider this proposal in 2017.

In short, if this proposal is accepted, the 18-year-olds may be charged as juveniles for most non-violent crimes and some violent crimes.

Exceptions to the Proposed Changes

There are some exceptions to the proposed changes. For instance, the proposed changes don’t apply to juveniles charged with first-degree murder. The proposed changes may also not apply to the law that allows 13-year-olds to be transferred to adult courts for especially serious or violent crimes.

Nonetheless, most youths don’t commit violent crimes, especially murder. Most North Carolina youth are convicted of non-violent crimes related to drugs and larceny.

Contact Raleigh Juvenile Attorney Dewey Brinkley

These proposed changes will have a major impact on juvenile courts in North Carolina, and it’s always important to have a full understanding of the law if you or your child is arrested in Raleigh, Wake County, or throughout North Carolina.

No matter the exact age of the alleged juvenile offender, we at the Law Office of Dewey P. Brinkley will do everything under North Carolina law to mitigate the consequences as much as possible. Whether drug crimes, non-violent crimes, or even violent crimes, we realize that adult courts can have dramatic consequences that may lead some convicted juveniles to re-offend and face other difficulties in terms of schooling, housing, and finding a job.

To speak with attorney Brinkley regarding your case, make sure to call our Raleigh law firm as soon as possible. For a free, no-obligation consultation with our firm, call us today at (919) 832-0307.

What Constitutes “Expert Testimony” in a Criminal Trial?

Blog, Criminal Defense, , , ,

Some crimes, ranging from violent crimes to white-collar crimes, involve complex circumstances. Whether those circumstances includes convoluted financial transactions or voluminous documents, the State or the defense may wish to assist the jury in wading through this information through an expert testimony.

Expert Testimony in NC Criminal Trials | Raleigh Defense Atty Brinkley

Expert testimony can be a useful tool in criminal trials, whereas the defense calls on an expert in some field to clarify facts or further define the defense to the jury. Nonetheless, if using expert testimony, you need a highly experienced defense attorney who can achieve the most benefit from the expert. Depending on the unique circumstances of the case, Raleigh NC criminal defense attorney Dewey Brinkley may consider using expert testimony. To speak to attorney Brinkley about the circumstances of your case, call our Raleigh law firm today at (919) 832-0307.

Expert Testimony in North Carolina Criminal Trials

North Carolina law (Chapter 8C, Article 7) describes many of the legal rules and other aspects of using expert testimony in criminal trials. Although substantial controversy existed in North Carolina courts regarding the use of expert testimony, the nominal North Carolina Supreme Court case Howerton v. Arai Helmet, Ltd put much of this controversy to rest.

Essentially, this controversy refers to when an expert testimony is admissible in the court proceedings. The Howerton case rejected the U.S. Supreme Court’s gatekeeping test and reiterated its previous three-part test, which includes:

  1. Is the expert’s proffered method of proof sufficiently reliable as an area for expert testimony?
  2. Is the witness testifying at trial qualified as an expert in that area of
    testimony?
  3. Is the expert’s testimony relevant?

If these three aspects apply to the expert testimony, then the testimony may be admitted to the case.

Testimony By Experts

The prosecution and the defense cannot handpick an individual off the street and claim “expert testimony.” Instead, expert testimony is only admissible in court “if scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue.” Furthermore, the witness must be qualified as an expert by knowledge, skill, experience, training, or education, who can testify in the form of an opinion.

Lastly, the following conditions must apply to the expert testimony:

  1. The testimony is based upon sufficient facts or data.
  2. The testimony is the product of reliable principles and methods.
  3. The witness has applied the principles and methods reliably to the facts of the case.

Expert Testimony on Character or a Trait of Character

When it comes to the character of the accused, and whether the accused’s character or trait of character may shed light on his/her role in the crime (or lack of a role in the crime), expert testimony is not admissible. Although there are several reasons for this, the main reason is that circumstantial evidence of character is not a suitable piece of evidence in a criminal trial.

Contact the Law Office of Dewey P. Brinkley in Raleigh NC

Especially in cases where the defendant is facing severe punishments, expert testimony can be a very important tool to help clarify and further explain some highly technical details. At the Law Office of Dewey P. Brinkley, we’ll only call for expert testimony when it is legally admissible and when the case can benefit from it. At the same time, we boast years of experience challenging the state’s expert testimony, and how that testimony relates to the alleged offenses.

If you’ve been charged with a misdemeanor or a felony in North Carolina, make sure to call the leading Raleigh criminal defense attorney. For a free, no-obligation consultation with attorney Dewey Brinkley, call our Raleigh law firm today at (919) 832-0307.

What is a SCRAM Bracelet and How Does It Work?

Blog, , ,

Following a DWI or another alcohol-related arrest, the court may order a “Secure Continuous Remote Alcohol Monitoring” bracelet, also known as the SCRAM bracelet. This bracelet is fairly well-known from its media portrayals, and it essentially provides the North Carolina courts with a way for courts to monitor people, 24/7, who have been ordered to not drink alcohol.

If you’ve been arrested for a DWI, domestic violence that involved alcohol, or another alcohol-related offense, then call Raleigh NC criminal defense attorney as soon as possible. Instead of extensive jail time and huge fines, the courts may order a SCRAM bracelet for a certain period of time. This may be advantageous as an alternative punishment, and it’s always good to have an experienced attorney to provide a rigorous legal defense based on your interests. For a free, no-obligation consultation, call our Raleigh criminal law firm today at (919) 832-0307.

What is Court-Ordered Alcohol Monitoring?

When an individual is arrested for an alcohol-related crime, the court may order the defendant to stop drinking as an alternative to more severe punishments. This is because, in many cases, the defendant has a history (or is beginning a history) of criminal action that’s caused by alcohol consumption. If the defendant keeps drinking during this period, the court concludes that jail or more extreme punishments may be the only solution for vindication.

In addition to DWI cases, the court may order alcohol monitoring in domestic violence cases, defendants under the age of 21 who were caught drinking, and for drug addicts who drink as part of their addiction. Generally, the court will order the defendant to wear a bracelet for a set period of time, such as between 60 and 90 days. Sometimes, alcohol monitoring can last as long as a year, as a term of probation or parole.

Alcohol monitoring devices, such as the SCRAM bracelet, are designed with anti-tampering features. If the defendant tries to remove the bracelet, or tampers with it in any way, or the device reports alcohol consumption, the monitoring device will notify the courts.

How Does the SCRAM Bracelet Work?

A SCRAM bracelet works by taking measurements of the offender’s perspiration every 30 minutes. By reading the offender’s perspiration, the bracelet can tell if the wearer has been drinking, similar to the way a breathalyzer measures alcohol content. The results of the tests are then uploaded via modem to a private company, and if the wearer tests positive for alcohol, the company will send the results to the court.

Generally, SCRAM bracelets are scientifically sound, whereas evidence of alcohol consumption and/or tampering are admissible in courts. Furthermore, in order to challenge a SCRAM report, the defendant will need to prove that the bracelet was malfunctioning.

How Much Does a SCRAM Bracelet Cost?

For many offenders, one negative aspect of the SCRAM bracelet is its cost. Remember, a private company monitors the SCRAM bracelet, and those costs are passed onto the offender. Nonetheless, as an alternative to more severe penalties, the benefits of SCRAM can outweigh the costs.

In general, when ordered to wear a SCRAM bracelet, the offender is required to pay a one-time installation fee (from $50 to $100) as well as the daily monitoring fee (from $10 to $15). In total, the monthly cost of a SCRAM bracelet can be up to $450.

Contact the Law Office of Dewey P. Brinkley Today

At the Law Office of Dewey P. Brinkley in Raleigh, NC, we are the area’s leading criminal defense attorneys for DWI offenses. No matter the circumstances of the case, we will always put your interests at the forefront of our criminal defense strategy, and we’ll fight for not-guilty, dropped charges, or if the evidence is truly stacked against you, a reduced or alternative sentence, such as through SCRAM monitoring. To speak with attorney Dewey Brinkley today, call our Raleigh criminal law firm at (919) 832-0307.

Oh What A Tangled Web We Weave

Blog, DWI, ,

“Oh What A Tangled Web We Weave.” Sir Walter Scott was not referring to NC case law when he penned that famous line, but he certainly could have been on the issue of motor vehicle stops based on weaving. Impaired drivers typically have a hard time driving in a straight line.  North Carolina’s appellate decisions about what constitutes “weaving” to support a motor vehicle stop are, quite frankly, a mess. Not much more can be said.  Inconsistent comes to mind. Even schizophrenic. How is the motoring public supposed to know what should and should not be tolerated as normal driving behavior when our courts can’t define what weaving is?

Our Court of Appeals has said in the past that weaving alone was not enough for law enforcement to stop a motor vehicle, absent a plus factor such as driving late at night, or being near bars or restaurants that serve alcohol, or driving noticeably slower than the speed limit. But then the Court did a poor job of defining what it meant by weaving. Did it mean within the lane, or within the lane and touching the divider and fog lines, or weaving outside the lines? How is one completed weaving movement defined? Is the touching of the center line and the driver’s subsequent correction back to the middle of the lane one weave or two weaves? In some decisions, the Court completely forgot to even consider the “plus” factors even though they were staring them in the face.

Three times “swerving” to the fog line at 4 PM in the afternoon was not enough for a good stop in State v. Fields.  Continuous weaving within the lane, not touching the fog line or the center line, after 11 PM was enough to stop in State v. Otto, according to the NC Supremes, who reversed the Court of Appeals. Weaving within the lane, and subsequently having the passenger side tires going over the lane divider and into the right lane after 10 PM smack dab in the middle of the bar scene in downtown Raleigh was not enough in Derbyshire. Going over the lane divider lines on a major highway for seconds at the time was not enough for the Court of Appeals in Kochuk, who characterized this as “normal driving behavior,” but the Supremes reversed. Weaving like a “bouncing ball,” even though it was within the lane of travel, was enough to stop in State v. Fields.

What? Do the Court of Appeals and the N.C. Supreme Court just not like each other? Can we please have some consistency here?

Not that we criminal defense practitioners mind inconsistencies. In fact, conflicting decisions from our appellate courts always give us a fighting chance to win. If there is an opportunity to cut off a motor vehicle stop at its inception, we know that this is often our best chance to prevail.

Everyone knows that the exercise of driving is just “controlled weaving.” We are not robots in a vacuum. The conditions of our roads, our vehicles, and the weather play a part in driving behavior. A two lane country road is usually narrower than an interstate. Going left of center in a 35 mph zone in town is different than straddling the white dotted line for a couple of seconds on a desolate I-40.

As we usher in 2016, there should be no shortage of driving while impaired cases that reach our appellate courts where the initial stop was based on weaving. It will be interesting to see if the Courts abandon their “plus” analysis, as they did in Otto, or whether they adopt a new approach to analyzing reasonable suspicion. Maybe they will finally come up with a unified definition of what kind of weaving it takes to support a motor vehicle stop.

What is Prayer for Judgment Continued and Do I Need to Ask for it?

Blog, , , ,

Many people who are charged with minor traffic tickets have heard the term “PJC” talked about, but don’t completely understand what it is or whether using it can help them or hurt them.

A PJC stands for prayer for judgment continued, a creation of law specific to North Carolina that is often used on traffic offenses and some other criminal offenses to avoid a conviction. In simple terms, asking a judge for a prayer for judgment continued means that you are pleading guilty to the offense, but are requesting that the Court suspend judgment in the case, thus avoiding a conviction. The judgment, and consequences therefrom in terms of driver license and insurance points, is continued indefinitely and thus driver license points and insurance points never accrue to the Defendant’s driving record. On criminal charges, the PJC is simply a way for the Defendant to avoid a conviction and punishment other than court costs, although the Defendant’s guilty plea is recorded along with a finding of guilt by the Court.

How Do I Know Whether to Ask for Prayer for Judgement Continued in My Case?

On traffic matters, only one PJC per household insurance policy may be granted every three years for insurance purposes.  It is always best to consult with a lawyer about whether asking the court to continue judgment is in your best interests. A first time speeder who has no prior moving violations or accidents during the last three years and who pleads responsible to speeding 10 mph or less over the speed limit does not need to use a PJC to avoid insurance points. Under certain circumstances, asking the court to continue judgment after a PJC has already been used on a prior offense can hurt your vehicle insurance rate.

Continue reading What is Prayer for Judgment Continued and Do I Need to Ask for it? →

DWI Traffic Stops Part Three: To Blow or Not to Blow, that is the Question

Blog, DWI, , , ,

In Parts one and two, we discussed how you can always help yourself in a driving while impaired investigation by not answering questions and not agreeing to perform field sobriety tests, which generally are used to assist the officer in forming probable cause to support your arrest. While not answering questions and not doing the tests won’t prevent your arrest, it will make your case much harder to prove when it goes to court.

In Part 3, I want to discuss the decision of whether to blow at the station or jail, which is a much more difficult question that will have immediate ramifications on your driver license. It is unfortunately a damned if you do, damned if you don’t scenario.

When you are taken into the intoximeter room, the Officer is required to advise you of certain rights you have with regard to the taking of the chemical test. By all means you should exercise your right to call a witness to come and view the testing procedure, and/or an attorney for advice. By picking up the phone in the breath testing room and making these calls, you are at the very least buying more time (at least an extra 15 minutes) to consider the more important question of whether you are going to blow. If a witness is able to arrive at the breath testing room within the 30 minute time limit, then you can utilize that witness at trial as to what they observed regarding your level of sobriety. You are also giving your body more time to process any alcohol that is in your system.

Continue reading DWI Traffic Stops Part Three: To Blow or Not to Blow, that is the Question →

Attorney Brinkley Rated AV Preeminent By Peers

Blog, , , ,

avBrinkley Law firm is proud to announce that Raleigh Criminal Defense Attorney Dewey Brinkley has been rated AV Preeminent by Martindale-Hubbell® Peer Review Ratings™.

This rating system is based on reviews by other lawyers and ranks Attorney Brinkley at the highest level of professional excellence. Lawyers are rated by their peers in five areas including legal knowledge, analytical capabilities, judgement, communication ability and legal experience. We are honored to receive an AV Preeminent Rating from our peers and work hard to provide very best in criminal defense possible. Learn more about this rating system or view our profile.  Continue reading Attorney Brinkley Rated AV Preeminent By Peers →

Welcome to the Brinkley Law Blog

Blog

Thank you for taking the time to visit our website, our blog and learning more about our Raleigh Criminal Defense Lawyer Dewey Brinkley. Dewey has been a Criminal Defense Attorney in Raleigh since founding the law office in 2005 and also served as Wake County Assistant District Attorney, giving him an understanding of the law from both sides of the court system.

In the coming weeks and months we will post information you need to know to protect your rights, update you on changes in law and Continue reading Welcome to the Brinkley Law Blog →