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What We DoWhen your child gets charged with a felony in Raleigh, everything changes in an instant. The phone call from the police, the confusion, the fear about what comes next, it’s overwhelming. You want to protect your child’s future, but you’re not sure where to start or who to trust.
We represent young people facing felony charges throughout Wake County. Our firm has defended juveniles accused of serious crimes for years, and we know how different these cases are from adult prosecutions. We’re here to provide that defense and guidance.
North Carolina treats juvenile offenders differently than adults, and these distinctions matter enormously for your child’s case. Juveniles under 18 (or under 16 for certain serious offenses) typically go through the juvenile justice system rather than adult criminal court.
The juvenile system focuses more on rehabilitation than punishment. Instead of jail sentences, judges can order counseling, community service, probation, or placement in juvenile facilities. The proceedings happen in juvenile court, which is generally closed to the public. This privacy protection helps shield your child from the stigma of public criminal proceedings.
Juvenile records also receive different treatment. While adult felony convictions become permanent public records, juvenile records can sometimes be sealed or expunged. The terminology even differs; juveniles are “adjudicated delinquent” rather than “convicted.”
However, don’t mistake these differences for leniency. Prosecutors still pursue juvenile felony cases aggressively. Your child faces serious consequences, and without proper legal representation, the system can be just as harsh as adult court.
The arrest process for juveniles follows specific procedures. Police must notify parents or guardians as soon as possible after taking a juvenile into custody. Your child will be taken to a juvenile detention facility or, in some cases, released to your custody with a court date.
Within 24 hours (excluding weekends and holidays), a detention hearing occurs. A judge decides whether your child stays in secure custody or gets released pending trial. Factors include the severity of charges, prior record, flight risk, and danger to the community.
Throughout this process, having legal representation makes an enormous difference. We can argue for your child’s release at the detention hearing, negotiate with prosecutors, and prepare a strong defense for the adjudication hearing.
Every case requires a tailored defense strategy. We start by thoroughly investigating the allegations. This includes reviewing police reports, interviewing witnesses, examining physical evidence, and identifying any procedural violations.
Common defense strategies include challenging the legality of searches and seizures, questioning witness credibility, presenting alibi evidence, and demonstrating lack of intent. For young people, we also emphasize factors like peer pressure, immaturity, and potential for rehabilitation.
Sometimes the best strategy involves negotiating with prosecutors. We might secure a reduction to misdemeanor charges or entry into a diversion program that avoids formal adjudication. Other cases demand aggressive trial defense to get an acquittal.
We also explore whether your child’s constitutional rights were violated during questioning or arrest. Police must follow specific procedures when dealing with juveniles, and violations can lead to suppression of evidence or case dismissal.
Time matters critically in juvenile cases. Evidence disappears, witnesses’ memories fade, and opportunities for favorable outcomes diminish. The decisions made in the first days after arrest often determine the case’s trajectory.
We can intervene immediately to protect your child’s rights. This includes being present during police questioning, arguing for release at the detention hearing, and beginning an investigation while the evidence is fresh.
Early involvement also allows us to explore diversion programs or informal resolutions before formal charges are filed. Once the case enters the court system, options become more limited.
Don’t wait to seek legal help. The prosecution starts building its case immediately, and you need someone equally committed to your child’s defense.
North Carolina law allows the transfer of juveniles to adult court for certain serious offenses. This is one of the most frightening prospects parents face because adult convictions carry much harsher penalties and permanent consequences.
Transfer can happen through several mechanisms. Some serious crimes, like murder, automatically get prosecuted in adult court for juveniles over a certain age. For other offenses, prosecutors can file motions to transfer the case.
Transfer hearings examine factors including the nature of the offense, your child’s age and maturity, prior record, and whether juvenile services can adequately address the behavior. We fight vigorously against transfer motions because keeping cases in juvenile court provides far better outcomes.
If a transfer occurs, your child faces adult prosecution with all its severity. Adult felony convictions cannot be expunged in most cases, and sentences can include lengthy prison terms.
North Carolina offers various alternatives to traditional juvenile detention. These programs focus on rehabilitation while holding young people accountable.
Community service allows juveniles to give back while avoiding incarceration. Probation with conditions like counseling, drug treatment, or educational programs addresses underlying issues. Electronic monitoring permits juveniles to remain at home while ensuring compliance with court orders.
Diversion programs redirect first-time offenders away from formal court proceedings. Successful completion can result in charge dismissal. Teen court programs let peers determine appropriate consequences for minor offenses.
For more serious cases, intensive supervision programs provide structure without removing juveniles from their families. Residential treatment facilities offer therapeutic environments for young people with mental health or substance abuse issues.
We advocate for alternatives that serve your child’s needs while satisfying the court’s concerns about public safety and accountability.
Prosecutors must prove every element of the charged offense beyond a reasonable doubt. We scrutinize their evidence to identify weaknesses and challenge inadmissible material.
Physical evidence often becomes a focal point. We examine the chain of custody, testing procedures, and whether searches complied with constitutional requirements. Illegally obtained evidence gets suppressed, sometimes leading to case dismissal.
Witness testimony requires careful evaluation. We cross-examine witnesses to expose inconsistencies, biases, or credibility problems. Eyewitness identifications are notoriously unreliable, especially when witnesses are also young people.
Confessions and statements demand particular attention in juvenile cases. Police must follow strict procedures when questioning minors. We challenge statements obtained through coercion, deception, or without proper parental notification.
Expert witnesses can also play crucial roles. We may retain forensic experts, psychologists, or other specialists to challenge the prosecution’s evidence or present alternative explanations.
Parents have specific rights when police want to question their child. Law enforcement must make reasonable efforts to notify you before interrogating a juvenile. You have the right to be present during questioning.
Your child also has constitutional rights, including the right to remain silent and the right to an attorney. However, many young people don’t understand these rights or feel pressured to talk without a lawyer present.
We strongly advise parents to invoke their child’s right to counsel immediately. Don’t let your child speak to police without a lawyer, even if they claim innocence. Statements can be misinterpreted or taken out of context.
Police sometimes use tactics that are particularly effective on juveniles, like minimizing the seriousness of charges or suggesting that cooperation will lead to leniency. These tactics can result in false confessions or damaging admissions.
If police contact you about questioning your child, call us first. We can be present to protect your child’s rights and prevent statements that could harm their case.
Felony charges create serious problems at school beyond the legal case itself. Many schools have zero-tolerance policies for certain offenses, particularly weapons or drug charges. Your child may face suspension or expulsion regardless of the criminal case outcome.
School resource officers often share information with school administrators. Even if charges are pending, schools may take disciplinary action. This can disrupt your child’s education at a critical time.
We work with families to address school-related consequences. Sometimes we can negotiate with school officials to minimize disruption. Other times, we help arrange alternative educational placements to keep your child on track academically.
College applications also require disclosure of criminal charges in many cases. We help families navigate these difficult conversations and present your child’s situation in the most favorable light possible.
Your child’s future is too important to leave to chance. We offer free consultations to discuss your situation, explain your options, and outline how we can help.
Don’t face this problem alone. Juvenile felony charges require experienced legal representation from someone who knows the Wake County juvenile court system and has successfully defended young people facing serious allegations. Contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or use the online form to schedule a free consultation to discuss your case.
Don’t Wait!
Contact Raleigh’s Leading Criminal Defense Attorney Now.
Certified Criminal Law Specialist by North Carolina State Bar.
Tried over 250 criminal cases in local courts.
Knows prosecution strategies from time as Assistant District Attorney.
Direct, responsive service from start to finish by Brinkley himself.
4.9-star client reviews praise professionalism and case outcomes.
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Before founding our Criminal Defense Law Firm in Raleigh, Attorney Dewey P. Brinkley worked for almost three years in the Wake County District Attorney’s office, gaining in-depth experience handling domestic violence, misdemeanors and juvenile court offenses.
As a Raleigh Criminal Defense Lawyer, he handles serious felony charges, including armed robbery and attempted murder, as well as DWI, traffic tickets and violations and misdemeanors. Whatever charge you face, we can help.