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I was thinking earlier this week about “The Long Fight”. We get in long fights in criminal law. This was a case that I just finished up on Monday; the defendant was charged for about two years with attempted murder of her one year old child, and when I looked back on it earlier this week, it occurred to me that a whole lot more pain and suffering had happened for everybody concerned then was really necessary and I wondered; why was it that that happened?
What happens if you refuse a breathalyzer? The consequence of declining to give a breath sample or a blood sample comes with the DMV, not with the criminal court but instead with the administrative court.
When someone is investigated and then charged with a crime, DWI is no different, it’s just a theory, and that’s exactly what it is when someone is charged with driving while impaired.
When someone is charged with a domestic violence crime in North Carolina, there’s often a second component to it that is the civil side of it, so I’m going to talk about the make up of an average domestic violence case.
Every criminal lawyer ends up advising their client about talking to the judge at some point. This usually comes up in the context of a sentencing. I think a lot of people think that we lawyers tell our clients what to say and maybe some do.
Here's a piece of advice many of us got from our mothers: Be careful who you hang out with because the mistakes they make may end up being yours. In law, we call this vicarious liability. It's really how a person can get into trouble with the law by associating with someone else's doing wrong.
We understand the stress that you're going through because of your injury. It's NUTS.
So here's a common situation. The police just show up out of the blue. They stop by your work. They come by your house. They're searching for evidence. Now unless that person knows for sure that they're not a suspect in anything, it's a really dangerous moment.
Let's talk about the trial courts in Mecklenburg County, and really in all 100 counties across the state of North Carolina. There are two levels of trial courts in North Carolina. The district court and the superior court.
Let's talk about judges and juries, because that's what lawyers talk about and that's what lawyers talk about with their clients.
What do lawyers really do? Lawyers are guided by and held to very strict rules. Rules of evidence, rules of professional conduct, and rules of procedure. Let's unpack those a little bit one by one.
You've gotten a jury duty notice. Certainly, you can get out of jury duty. Most anyone can, but should you?