Articles Posted in Criminal Defense

Diving into the legal complexities of mental competence, our latest blog post examines the intriguing case of State v. Bethea.  Wake County Criminal Defense Attorney John Fanney

This North Carolina Court of Appeals decision scrutinizes the challenging intersection of criminal law and cognitive impairment. 

Highlighting a defendant’s struggle with memory loss due to a traumatic brain injury, we dissect how such factors influence the determination of legal competence to stand trial. 

The legal landscape in North Carolina is continually evolving, and one of the recent adjustments that has garnered considerable BOND HEARINGS IN RALEIGH NC attention from lawyers in Raleigh NC are the changes to pretrial release from jail and the related bond procedures.

These amendments to the procedure for determining terms and conditions for pretrial release, particularly as they affect those charged with DWI (Driving While Impaired) offenses, are significant.

It’s called the “Pretrial Integrity Act” and with it comes substantial changes to how a bond is set and who may set terms and conditions of release from jail for certain criminal charges in North Carolina.

In the intricate landscape of criminal law, particularly in assault charges, the role of an assault attorney in your case should not be underestimated. We provide sound legal advice, conscientious Raleigh Assault Lawyers representation, and strategic planning that are imperative to establishing a defense strategy. Defense counsel help protect your rights and guide you through the complexities of your case.  

The Legal Labyrinth: Navigating Assault Charges

Assault cases, by their very nature, tend to be relatively complex and necessitate careful analysis and understanding of the underlying allegations and fact patterns. An experienced criminal defense lawyer will explore the nuances surrounding the alleged assault allegations and carefully consider what took place and what circumstances led to charges being brought. At Fanney Law Office, we want to help you understand your charges and legal options.

When you are pulled over by a police officer, there’s a good chance they’re going ask for your driver’s license and registration. Stop and Identify Law in North Carolina

While that may be standard operating procedure for many police officers in Raleigh, are you required to comply?

Are you required to provide identification?

Should I talk to the police? Do I have to talk to the police?

If you are suspected of a crime, the police likely will want to question you.

A police officer may try to get you to talk by telling you that it is in your best interest to cooperate and “answer some questions to clear things up.”

If you have been charged with assault, we think it’s a good idea to seek legal counsel right away. Domestic Violence Lawyers in Raleigh NC

Assault is a serious crime that can carry substantial penalties and long-term consequences.

But what is considered assault in North Carolina?

If you have assault charges in Raleigh, the allegations may involve simple assault or assault on a female or even assault with deadly weapon inflicting serious injury. Each of those types of criminal Assault Lawyers in Raleigh matters are comprised of “essential elements.”   

In order to prove someone guilty, the prosecutor must present evidence indicating the accused, the Defendant charged with criminal wrongdoing, is guilty of the underlying crime of criminal assault. 

While that may seem straightforward enough, if not obvious, the criminal laws as established by the General Assembly do not specifically define what is an assault in the State of North Carolina. 

For whatever reason, people nowadays seem to think not having a prior record entitles them to an automatic dismissal.  While there may be Will they dismiss my charges?options available to avoid a conviction if you have a clean record, you should not assume your charges will be dismissed as a matter of course.

That also applies to being a nice person or politeness during the process.  Dismissals are by no means automatic.  A dismissal of charges certainly is not guaranteed.

If you face criminal charges in Raleigh, whether the accusations involve a felony or misdemeanor, we think it’s a good idea to consult with an experienced lawyer.  Going into court alone, hoping for the best possible scenario, a dismissal, can carry consequences.

The incidences of road rage and allegations of shooting into occupied vehicles have increased substantially in Raleigh and Shooting Into Occupied Vehicle Charges in Raleigh NC throughout North Carolina.

Discharging a firearm or “barreled weapon,” as is described in North Carolina General Statute Chapter 14-34.1, is a felony criminal charge. That NC Criminal Law is interpreted by Courts in NC to be broadly interpreted.

The law against shooting into buildings and vehicles, when they are “occupied,” includes several different types of conveyances, buildings, structures, equipment, devices, and enclosures.

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 

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