Articles Posted in Criminal Defense

Brady and Giglio Material – Transparency in Motion for Discovery in NC

Brady RuleThe following legal reference materials are in addition to those previously posted by our law firm.  While discovery materials pursuant to Brady v. Maryland supplement the NC criminal laws relevant to voluntary discovery or a Motion for Discovery, they are technically distinct from the State providing Giglio content.

One way to think of it is that, generally speaking, all Giglio v. United States content likely falls within the Brady Rule, but not all Brady materials are Giglio disclosures.  Brady has to do with the voluntary disclosure of favorable information that may be exculpatory in nature.

The State of North Carolina (through the prosecutors) is required to turn over certain types of evidence to the accused (the Defendant in NC).  Criminal lawyers in Charlotte, and other attorneys throughout the state, often refer to that as Giglio or exculpatory Brady material. 

Both Brady and Giglio, and the associated release of documentation, are related to one another, at least in part.  Neither is strictly what may you think of as a Motion for Discovery or N.C.G.S. 15A-903, the NC discovery law.Motion for Discovery

It’s more than that.  Prosecutors have enhanced duties to provide certain materials pursuant to ethical responsibilities and constitutional precepts.

What is a 50B in NCCommunicating threats, assault, stalking, and other felony charges in North Carolina, if categorized as domestic violence, are clearly serious.  If arrested, the terms and conditions of release may result in no way to immediately bond out, at least for a couple of days.

That’s because, under the NC Criminal Laws, crimes of domestic violence require pre-trial release and bail be determined by a district court judge.  Unlike many other legal matters, including many if not most felony charges, a magistrate is not authorized to set bond or otherwise address the conditions of release for DV cases.

Even with no prior record, you may find youself in jail for a period of time until a judge is available.  That’s tough. The statute is written such that, unless the particular jursidiction can fast-track DV court appearances, people sit in jail with no way to get out for a substantial period of time- Bill Powers, Criminal Defense Lawyer Charlotte NC 

Is Court Closed in Charlotte?Inclement weather in the Carolinas can make for anxious times.  It’s more than just black ice and downed trees.  If you have court appearance coming up, wondering what to do can be a problem.   

Check out the Charlotte-Mecklenburg Court Closing Policy here.

The local Court Closing rule recommends you call the Mecklenburg County Emergency Announcement Line at  704-686-0289

Indictment Criminal LawCriminal charges in North Carolina follow a normal, standard protocol in our courts and judicial system. A Bill of Indictment is an important legal pleading and one that merits careful review by criminal defense lawyers.

In addition to providing for a methodological approach to the administration of justice, consistency serves to ensure Equal Protection of Laws.

Due Process includes compliance with Chapter 15: Criminal Procedure and Chapter 15A: The North Carolina Criminal Procedure Act.

Possession of a Firearm by a Felon ChargeCareful consideration is given in Criminal Court to weapons charges, especially when they are criminal charges involving a convicted felon and possession of a firearm (gun).  The consequences of a conviction for Possession of a Firearm by a Felon Charge are serious and can result in jail time (41 months maximum prison sentence) as a Class G Felony under the Felony Sentencing Grid.

If you’ve been charged with Felon in Possession of a Firearm, it’s crucial to seek good legal advice from an experienced defense attorney.  Possession, and what constitutes possession, is often a key issue in the defense of such charges – Bill Powers, Criminal Defense Lawyer 

What is Possession of a Firearm by Felon in North Carolina?

Charges DismissedWhat is a Conditional Discharge in North Carolina?

In some ways, a conditional discharge is a lot like deferred prosecution.  In fact, many of the same terms and conditions for deferred, such as probation, may apply to a conditional discharge (and eventual charges dismissed).

The primary difference is that the defendant enters a guilty plea as part of conditional discharge, but the court does not enter final judgment.

How Can I Get My Charges Dropped?How Can I Get My Charges Dropped?

If you’re facing a criminal offense, whether felony or misdemeanor charges, it’s understandable you might be anxious.  The consequences of a conviction can be long-lasting and severe, making it hard to find and keep a good job.  That’s especially true for larceny, crimes of “theft or dishonesty” and drug charges.

As such, it makes sense to try to avoid a conviction if at all possible.  Charlotte criminal defense lawyers do more than review discovery, take cases to trial, or argue motions.  Indeed, a substantial part of our job is to consider options to avoid litigation and a criminal conviction by negotiating with the State (the District Attorney assigned to the matter).

Is DUI a Felony in North CarolinaIf you were arrested and face criminal charges for felony or misdemeanor offenses, we’re here to help.  Bill Powers is an NBTA Board Certified Specialist in Criminal Defense with 25+ years experience helping people.

This may be a difficult time for you or a loved one.  We understand how overwhelming it can seem.  That’s one reason it helps to have a defense lawyer standing by your side in court.  We’re here to protect your best interests – Bill Powers, Criminal Defense Lawyer Charlotte NC

Another reason to seek legal advice is to explain what has become an increasingly complicated legal system.  Good decisions are often centered on possessing the facts of the case, which necessitates hard work, preparation, and an attention to Constitutional Rights.

Can my charges get dismissed?Most people want to avoid a criminal record and jail time, which is understandable.  While there may be legal options available that could ultimately result in a dismissal of criminal charges or even certain traffic tickets, there are a lot of things to consider including the fact pattern, prior criminal history, and severity of the allegations.

At the same time, it’s a mistake to assume charges are automatically dismissed.

Conditions for a dismissal may include things like Deferred Prosecution, conditional discharge, community service, drug or alcohol treatment, psychiatric care, and even an occasional letter of apology.  A lot depends on what happened and the type of criminal allegations, felony or misdemeanor, district court vs. superior court, etc.

Contact Information