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Raleigh Criminal Law Blog

Evidence Of Nothing – Understanding Forensic “Science”

The general understanding of evidence, as it pertains to criminal prosecutions, falls far short of the reality. Misinformation and misunderstanding by the public has repercussions for people who find themselves charged with a crime. While the law requires prosecutors to meet the burden of proof with evidence, many people assume that anyone charged with a crime must be guilty. Would a prosecutor really pursue charges if he or she wasn't positive the accused was guilty?

What Is Evidence?

What you should know about your Miranda Rights

If you are facing accusations of committing a federal crime in the Raleigh area, you might be wondering what you can say to improve the situation or make it go away. You should be careful of what you say to law enforcement and your friends and relatives. Though you think you are not incriminating yourself, you never know how the prosecution may use your words against you. 

Sometimes, it is better for you to exercise your Fifth Amendment rights. The United States Constitution gives you the opportunity to stay silent and not have it used against you. Here is some info for you to consider about using your right to avoid self-incrimination in your criminal defense strategy

How To Handle Juvenile Offenders

North Carolina is the last remaining state to treat 16-year-old children as adults when they are charged with a crime. The Juvenile Justice Reinvestment Act of 2017 is set to end that practice as of December 1, 2019. Between now and then, North Carolina lawmakers and concerned parties in the criminal justice field hope to improve the way young people are treated when they run into legal trouble. The goal is to take a 16-year-old who made a bad decision and turn him around, as opposed to to making repeat offenses an almost foregone conclusion.

The impact of a brush with the law

Would an impersonal criminal system be an improvement?

Judges perform a difficult and vital role in this country. The decisions they make shape the lives of countless Americans in ways both subtle and dramatic. In criminal courts, the decisions made by judges make all the difference for the people facing charges. Attempts to shift the burden of decision-making a judge to an algorithm or mathematical equation should be scrutinized carefully. Mistakes may go ignored if they can hide behind the facade of impartiality.

Using an algorithm to set bail

The Perpetual Line-Up

In 2016, researchers from Georgetown University found that at least 50 percent of all Americans had their photo entered into a facial recognition system. That system could be accessed by police or federal investigators without a warrant. The researchers called this database a "perpetual line-up" and likely expected citizens, and their representatives, to take action. Two years later, and basically nothing has been done to protect citizens from the abuse of facial recognition systems.

What could go wrong?

Can Police Search Your Car When It’s Parked In Your Garage?

Americans have a right to privacy. Without that right, police could simply break into any property in the hope of finding incriminating items. They could wreak havoc on the lives of law-abiding citizens and leave us all feeling vulnerable in our own homes. Even with the privacy right in place, police have the power to conduct searches under certain circumstances.

The right to privacy is laid out under the Fourth Amendment of the U.S. Constitution. The Amendment establishes that police or other government agents can engage in “reasonable” searches. What is reasonable is obviously a matter of significant debate. With a warrant, police can search a specified location and seize specific items. Even without a warrant, police are allowed to search anywhere where a person does not have a legitimate expectation of privacy. If you grow marijuana in your front yard, you likely can’t claim a violation of privacy when police come knocking on your door. There are gray areas, of course. Do you have a legitimate expectation of privacy in your car? How about if that car is parked safely in your garage?

Can you lose financial aid because of a drug conviction?

If you or one of your children is facing a drug conviction, you undoubtedly have concerns about what penalties you or your son or daughter could potentially face, and how a conviction can impact you or your child’s lives. While the answers to such questions vary broadly from one person to the next based on, among other factors, whether you have an existing criminal history, you may also face collateral consequences, if arrested.

Collateral consequences are penalties or punishments you may face because of your crime that are not necessarily coming from the criminal justice system, and one collateral consequence of your drug conviction can involve losing your access to financial aid.

North Carolina sheriff's deputy charged with armed bank robbery

If you drive about two hours west of Raleigh, you'll arrive in Rowan County. That is where a Davidson County sheriff's deputy recently shocked the North Carolina law enforcement world.

The deputy is accused of the armed robbery of a Rowan County bank. As you probably know, armed bank robbery can be charged as a federal crime that can result in many years in prison upon conviction.

Four arrests over two days at one Raleigh townhouse

Three North Carolina State University students were recently arrested over a span of two days at a Raleigh townhouse. Another person -- a non-student -- was also arrested on drug charges at the residence near the campus, law enforcement officials said.

The suspects include three men -- ages 20, 21 and 22 -- who are all students, as well as a 19-year-old woman who is not enrolled at the university, police said.


Our Results

  • Client was charged in federal court with the felony offense of being an illegal alien in possession of a firearm. After negotiation with the US Attorney's Office, the felony gun charge was dismissed and our client...

  • Our client was charged with statutory rape and faced mandatory registration as a sex offender if convicted. We were able to work with a forensic expert and the district attorney's office to negotiate a guilty plea..

  • Client charged with Felony Assault on a Police Officer, misdemeanor assault, and resisting an officer. After a jury trial where multiple police officers testified about the incident, our client was found not guilty ..

  • Client investigated by federal law enforcement for possessing child pornography. Ryan began representing the client during the investigation and ultimately the client was not charged with any crimes...

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Super Lawyers Board Certified Specialist | North Carolina State Bar | Federal / State Criminal Law
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