Raleigh Leading Criminal Defense Attorney for Felony Offenses
If you are facing a serious felony offense in Raleigh, your primary concern should be to find a felony criminal defense attorney with experience. As a former Wake County Assistant District Attorney and as a native of Wake County, Mr. Brinkley brings an in-depth understanding of the local legal landscape in addition to extensive criminal trial and negotiation experience. He has won acquittals for past clients on charges ranging from robbery with a dangerous weapon and felony assault to indecent liberties with a child.
Some of Dewey Brinkley’s past successes were for clients charged with:
After being accused of a felony, it is important to act quickly. Criminal defense attorney Dewey P. Brinkley will begin building your case right away.
To schedule a free initial consultation and find out if the Law Office of Dewey P. Brinkley is right for you, call 919-832-0307 or contact our offices online.
What Happens After You’re Arrested for a Serious Felony Offense?
Within 72 hours of arrest on a felony charge, the defendant will be brought before a Wake County District Court for an initial setting called the First Appearance. The purpose of this setting is fourfold:
- Inform the defendant of the charges against him or her.
- Inquire as to whether the defendant seeks to hire a lawyer, represent themselves or apply for court-appointed counsel.
- Review the original conditions of release (usually a secured bond) as set by the magistrate after arrest to determine if they are appropriate.
- Set a date for a probable cause hearing.
The Probable Cause Setting
In Wake County, probable cause hearings for felonies in District Court are almost never granted even though they are a statutory right under North Carolina law.
The probable cause setting instead is an opportunity for the criminal defense attorney to:
- Obtain information, usually police reports and/or lab results, the prosecutor is willing to share about the case so as to better inform the client of potential strengths and weaknesses in the State’s evidence.
- Determine if a plea offer is being made either to a lower class felony or misdemeanor, or whether the prosecutor is seeking an indictment that will transfer the case to Superior Court.
- In cases where the client is still in jail, ask the court for a bond hearing in hopes that the bond will be reduced to an amount the client can post awaiting trial in Superior Court.
After the Probable Cause Setting
While many lower level felony charges in Raleigh and Wake County are often resolved at the Probable Cause setting by a favorable plea offer in district court, prosecutors routinely seek indictments on high level felonies such as robbery with a dangerous weapon, rape, first degree kidnapping and burglary, as these crimes are within the original jurisdiction of the Superior Court. In these cases, an indictment is presented before a grand jury of ordinary citizens, through testimony of the arresting officer or detective, usually three to five weeks after the probable cause setting. Once the indictment is true billed by the grand jury, jurisdiction is transferred to Superior Court. The initial setting in Superior Court, called the Motions and Arraignment Setting, takes place three to four weeks after the indictment is true billed by the grand jury.