This is Part 9 of our weekly North Carolina Criminal Defense video blog: “When is a NC Juvenile Delinquent is a “Criminal“
Transcript:
They are not criminal charges at that point. Typically, what happens is the officer will take out a juvenile petition, and that juvenile could potentially be adjudicated as delinquent. It is not technically a criminal charge.
This is Part 7 of our weekly North Carolina Criminal Defense video blog: “Court Petitions Against Juveniles“
Transcript:
Once the petition is filed, the juvenile will have a court date. They’re automatically assigned a lawyer here in North Carolina. Typically the Court Counselor’s Office will meet with that parent and that juvenile and after talking to the parent and talking to the juvenile, they will make certain recommendations to the court about what the disposition in the case should be.
If you have a child that really doesn’t need a lot of court involvement, they come from a good family, and they aren’t having problems in school that may be a situation where the Court Counselor’s Office strictly recommends probation.
If you have a juvenile who’s in need of services, then the Court Counselor’s Office is the one who make that recommendation to the judge.
This is Part 6 of our weekly North Carolina Criminal Defense video blog: “Sentences for Juvenile First-Offenders?“
Transcript:
When juveniles are first in trouble or they’re charged for the first time, often unless it’s a very serious felony such as murder, armed robbery, or rape, unless it’s an extremely serious felony, a juvenile is normally going to be tried on probation.
That court counselor wants to try to keep the juvenile in the home, perhaps put services in place so they can be successful. If the juvenile violates their probation by going out and committing a new criminal offense or a more serious offense, that’s normally when the court counselor’s going to be looking at out-of-home placement option, whether it be a group home or another treatment facility.
If the juvenile continues to reoffend, potentially they would look at what we call a Youth Development Center, which is like a juvenile prison.
In North Carolina, victims of domestic violence are protected by both criminal and civil laws. However, most domestic violence cases in North Carolina are prosecuted through general criminal statutes. The law describes domestic violence as one of several violent acts when committed between people sharing a personal relationship, and individuals convicted of domestic violence could be looking at some very serious penalties.
If you are charged with committing a crime involving domestic violence, or if you are accused of committing domestic violence in a petition for a court order, it’s essential to speak with an experienced and knowledgeable Raleigh criminal defense attorney as soon as possible. For a free, confidential consultation with defense attorney Dewey Brinkley, call our Raleigh Law Firm today at (919) 832-0307.
Although the most common idea of domestic violence is what’s portrayed on television in the media, there are several ways that a person can commit domestic violence and violate North Carolina law. The law covering domestic violence is N.C. Gen. Stat. § 50B.
In general, domestic violence occurs when any of the following acts are committed against a person with whom the offender shares or shared a personal relationship, or against the minor child of such a person:
The law often mentions “personal relationship.” This is defined as:
There are many different punishments and sentencings for domestic violence, and the severity of the punishment often depends on the circumstances of the alleged offense, the severity of the victim’s injury, the offender’s criminal history, and so forth.
In these cases, the prosecutor and the judge will establish that there is a personal relationship, and if the crime fits the definition of domestic violence, then the judge can also impose special conditions when sentencing the defendant.
Some common misdemeanor domestic violence crimes include:
Some felony domestic violence crimes can include:
If the alleged offender doesn’t have any priors and the charge is minor, then the person may be eligible for pre-trial release. Furthermore, the judge may impose special conditions on the case, such as requiring the defendant to undergo medical or psychiatric treatment, such as rehabilitation, counseling, treatment, training, etc. The defendant may also be asked to complete a Drug Treatment Court Program, abstain from alcohol or drugs, and remain at home except for work and school, for instance.
Your criminal defense attorney will help you navigate the arrest and court processes, representing and defending your case at every stage and keeping you informed regarding defense strategies and legal options.
Some common domestic violence strategies and tips can include:
Based on your interests, you and your attorney can fight for innocence, dropped charges, or alternative or reduced sentencing.
Domestic violence charges can wreak havoc on your life, ruin your reputation, give you a criminal record, and possibly put you away behind bars for some amount of time. For this reason, it’s critical to get the defense experience of Raleigh domestic violence attorney Dewey P. Brinkley. For a free consultation with our law firm, call our Raleigh law firm today at 919-832-0307.
This is Part 5 of our weekly North Carolina Criminal Defense video blog: “Can a Juvenile Be Tried as an Adult?“
Transcript:
If a juvenile is charged with first degree murder and probable cause is found in juvenile court for that murder case, it must, by statute, go to adult court.
First degree murder where probable cause is found will be handled in adult court. Felonies can be transferred to superior court upon a motion of the state once probable cause has been found in juvenile court. Oftentimes, that depends on whether the juvenile has received services in the juvenile system and either has not been rehabilitated or continues to reoffend and sometimes they will be tried as adults.
Charged with a drug crime in Wake County? Depending on a variety of factors, such as the actual drug crimes you were charged with, the circumstances surrounding the alleged offense, and other aggravating and mitigating factors, you could be facing a misdemeanor or a felony, punishable by large fines, incarceration, and other penalties.
However, you do have legal options when charged with a drug crime, and you are allowed to defend the charges with the criminal defense representation of a Wake County drug crimes lawyer. At the Law Office of Dewey P. Brinkley, attorney Brinkley has defended many individuals charged with drug possession, distribution, and more.
For a free consultation regarding your charges and how we can help, call our Raleigh defense law firm today at 919-832-0307.
Both federal and North Carolina laws cover and enforce many types of drug crimes. For most drug crimes in Wake County, however, it is state, county, or local police who arrest and charge Wake County residents with drug crimes. This means that you’ll be dealing with the State criminal justice system; if you were arrested on federal charges, your case will go through federal courts.
Some of the more common types of drug crimes include:
It is also important to note that North Carolina law also makes it illegal to own a grow house, or maintaining a property used to drug manufacturing or distribution purposes.
If you or a loved one is charged with drug possession (or another drug crime) in North Carolina, there are going to be some important legal decisions that you need to make. Furthermore, it’s important to remember that, in North Carolina, if you are 16 years old or older, then you can be charged as an adult in our criminal justice system.
First offenders, however, do have the option for dismissal of certain drug charges; however, the First Offender program is often wasted by those who are innocent, by charges based on insufficient evidence, or those who are victims of illegal detentions, searches, and seizures.
Nonetheless, while you’re being arrested with a drug crime in North Carolina, it’s important to use your right to remain silent. If you believe that the police have acted wrongly, don’t fight the police on the scene. Instead, collect the names and addresses of witnesses and file a written record as soon as possible.
After the arrest, it’s best to consider your legal options and consult with your drug crimes defense lawyer.
If you’ve been charged with a drug crime in North Carolina, about 95 percent of the cases will have one of the following six outcomes:
If you are arrested for an alleged drug crime in North Carolina, the most important thing to remember is to stay calm and that you have rights. Secondly, following the arrest, you can count on Wake County drug crimes attorney Dewey Brinkley to provide a professional, vigorous legal defense. For a free consultation with attorney Brinkley, call our Wake County law firm today at 919-832-0307.
This is Part 4 of our weekly North Carolina Criminal Defense video blog: “Can You Choose Your Child’s Attorney?“
Transcript:
The court assigns the attorney, so really, the parents and the juvenile don’t get to pick which attorney they want. A lot of times in juvenile court, we run into conflicts with the parents simply because the juvenile may want one outcome and the parent wants a different outcome. Our role in juvenile court is to advocate for that juvenile and the best interest of the juvenile, not what that parent wants to see happen in the case.
This is Part 3 of our weekly North Carolina Criminal Defense video blog: “Difference Between a Misdemeanor and a Felony“
Transcript:
Generally a felony was called a felony because it’s punishable by more than a year in prison. That was the general subdividing of misdemeanors and felonies. If the offense carried a year in prison, essentially then it was considered a felony.
This is Part 2 of our weekly North Carolina Criminal Defense video blog: “Raleigh Defense Lawyer Talks Successful Felony Defenses.”
Transcript:
I’ve represented clients charged with murder, felony sex offenses, robbery with a dangerous weapon, kidnapping, and assault with a deadly weapon with the intent to kill. I’ve tried all of those types of cases before a jury here in Wake County. I’ve tried probably at least 30 felony trials where the offense was what we consider a Class A through E felony.
When you’re arrested for an alleged crime by North Carolina law enforcement, you may feel devastated, frustrated, or just downright angry. However, it’s essential to remember that an arrest doesn’t mean you’re guilty, and you still have a battle in courts to prove your innocence, get the charges dropped, or seek reduced or alternative sentencing.
For this reason, it’s critical to contact an experienced Raleigh criminal defense attorney soon after you’re arrested. The main benefit of an attorney is the comprehensive representation you’ll receive, a diligent protection of your rights, and an advocate who’ll seek legal solutions. If you’ve been arrested, it’s important to not hesitate and contact one of Raleigh’s leading criminal defense lawyers by calling attorney Dewey P. Brinkley today at (919) 832-0307.
If you are looking at serious penalties, jail time, or other legal repercussions from an alleged crime, you’ll want the best criminal defense attorney fighting for you. If facing criminal prosecution, your defense attorney can help you understand some fundamental things, including:
Criminal defense attorneys, like us at the Law Office of Dewey P. Brinkley, have substantial experience in a wide variety of criminal cases, including felonies, misdemeanors, DWIs, drug crimes, white collar crimes, sex crimes, and more. As such, no matter the unique circumstances that led to your arrest and alleged charges, an experienced defense attorney will aim to:
As your actual lawyer, the criminal defense attorney has many roles to more effectively achieve the desired result. In short, your attorney will do more than just cross-examine witnesses that the prosecution calls to the stand. Some of the other tasks that your lawyer may conduct can include:
When you call the Law Office of Dewey P. Brinkley, we’ll begin working on your case immediately. Together, we’ll go through the events leading up to your arrest, step by step, and search for any pieces of evidence, violations of your rights, and more. Our fundamental goal is to prove your innocence or, if you’re guilty and the evidence is thoroughly stacked against you, seek alternative or reduced punishments.
Time is often in short supply in these cases, so it’s important to act quickly. For your free consultation with attorney Brinkley, call our Raleigh law firm today at (919) 832-0307.