Articles Posted in Criminal Defense

Everyone seems to have a passing familiarity with the attorney-client privilege and the secret nature of communications between What is Marital Privilege?someone facing allegations of criminal charges and their defense lawyer.   

That protection of confidentiality encourages the defendant, the person accused of a crime, to be honest with their lawyer.  Honesty with legal counsel helps avoid surprises and affords a path towards reliable legal advice in any given circumstance.    

There is no question under the NC criminal laws that what you confide to your criminal lawyer is confidential and privileged information.  It’s an important aspect to the defense of criminal charges, whether it’s for a felony or a misdemeanor – John Fanney, Raleigh Criminal Defense Attorney 

Warrants to Search either persons or property, consistent with the 4th Amendment, must be predicated on Probable Cause.CAN POLICE FRISK

Some limited authority exists for law enforcement to temporarily detain occupants of the premises to be searched subject to the warrant.

Such detainment must be limited to the area where an occupant may pose a real threat to the efficient and safe execution of the search warrant.

The laws regarding self-defense can be intricate, requiring careful consideration of the use of force, the amount of force, USE OF FORCE IN SELF DEFENSEand reasonableness.

A defendant determined to have been the aggressor in an affray or fight may regain the right of self-defense (right to use force, including deadly force) when placed in imminent danger of serious bodily harm or death.

In that event, the legal inquiry would look into whether the aggressor had the reasonable opportunity to retreat.

Attorneys in Raleigh and throughout North Carolina are deemed “essential personnel.”

Indeed, criminal defense lawyers as CAN I GET MY CHARGES THROWN OUTofficers of the court are essential to the administration of justice and day-to-day operations.

The Wake County Courthouse remains open for certain types of pressing legal matters, including things like bond hearings, Chapter 50B Protective Orders, and what might otherwise be deemed “emergency-type” hearings for criminal charges.

It’s hard to ignore all the media reports about the Corona Virus and COVID-19.

This time of year criminal lawyers in Raleigh are used to dealing with seasonal flu outbreaks.

Frankly, juggling schedules and calendars is just part of the job.  If clients have questions about whether to come to court, we recommend they call the office – John Fanney, Raleigh Defense Attorney 

If you have a Warrant for Arrest or Order for Arrest (OFA), we recommend you retain legal representation from a Raleigh Criminal Lawyer without delay.  Should I turn myself in?

Our lawyers are here to help explain how the court system works, what to do when warrants are issued, and relative to your charges, the best way to move forward in timely addressing the warrant.

If you have an outstanding warrant for arrest, don’t wait.  Seek legal guidance – John Fanney, Raleigh Criminal Defense 

Everyone knows the dangers of drinking and driving.  Few people imagine a DWI fatality in their future, let alone felony criminal charges for a “drunk driving” homicide.  Felony Death by Vehicle Charges

Driving While Impaired or “DWI” can serve as what defense lawyers call a predicate offense for Felony Death by Vehicle, Manslaughter, and Murder charges.

Given the potential long-term consequences, such allegations deserve, as a part of legal representation, careful review of the accident scene and forensic evidence.

You may have heard the old-school saying, “Don’t make it a federal offense.”  That’s because getting charged and indicted in federal court is a big deal.  Given recent media reports coming out of DOMESTIC VIOLENCE CHARGES IN RALEIGHCharlotte, it’s now legit to ask, “Is Domestic Violence a Federal Offense?”

The even bigger question involves whether DV charges in Raleigh may be subject to such scrutiny by federal prosecutors in Raleigh.

As reported by WSOCTV in Charlotte, the United States Attorney’s Office in the Western District of North Carolina, is giving some domestic violence charges a second look.  By that, we mean the District Attorney’s Office is ordinarily the government agency that prosecutes criminal charges, including DV charges, for state court offenses.

If you’re facing allegations of criminal charges in North Carolina, felony or misdemeanor, it makes sense to begin your defense strategy immediately.  Here are some handy tips on How To Choose a Criminal Defense Lawyer NC.  Consider these things as part of legal representation:

  • Courtroom Experience Counts
  • NC Board Certified Criminal Defense Specialist

It was popular in the 80’s and early 1990’s.  Some of the best defense lawyers in larger jurisdictions like California, Florida, and New York Criminal Defense Lawyers in Wake Countyalleged diminished mental capacity as a defense to criminal charges.  High profile cases like the murder of Harvey Milk in San Francisco caught the eye of the national media, coining the phrase the “Twinkie Defense.”  The Insanity Defense in North Carolin involving assertions of schizophrenia became, a key issue in highly publicized murder charges in UNC Chapel Hill in 1995.

If a loved one is facing North Carolina murder charges or some other extremely serious criminal charges involving Sex Offenses, Rape, and Indecent Liberties with a minor, you may wonder if the “insanity defense” is available.

Pleading insanity is intended for people whose mental disabilities or illness prevent them from knowing that their actions were wrong. Invoking this defense requires a thorough knowledge of how courts regard mental impairment as it pertains to culpability, normally reserved for felony criminal charges in North Carolina.

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