Articles Tagged with criminal justice

Criminal defendants expect the legal system to deliver fairness. Our courts are designed to deliver legal compliance with the laws of the State of North Carolina, our state LEGAL-BUT-UNFAIR WOMAN SITTING IN JAIL CELL constitution, and the US Constitution, not necessarily fair results or what some facing criminal charges might believe is just or true “justice.”

A prosecutor can legally offer a favorable plea to one defendant while demanding jail time for another charged with a very similar offense. Absent obvious discrimination based on protected characteristics or clear constitutional violations, prosecutorial discretion is substantial.

Judges can sentence different defendants to vastly different outcomes based on judicial and sentencing philosophy, the timing of the case, or simply how the Court (the Judge) interprets the factual recitation. They, too, possess substantial discretion in entering a judgment and sentencing someone to jail or prison.

One of the most common misconceptions in criminal cases is the belief that charges will automatically be dismissed if police fail to read Miranda rights. That belief, often shaped by television and popular culture, rarely reflects how Miranda operates under North Carolina criminal law.

Miranda rights are an important constitutional protection, but they apply only in specific circumstances. Understanding when Miranda warnings are required, and when they are not, can materially affect how a criminal case unfolds.

If you’ve been charged with misdemeanor death by vehicle in Mooresville or felony death by vehicle in the Charlotte metro region, it’s a good idea to consult an experienced North Carolina criminal defense lawyer. The criminal defense legal team at Powers Law Firm understands the intricacies of vehicular homicide cases and may be available to serve as legal counsel and guide you through your legal options. Call or TEXT 704-342-4357 to schedule a confidential consultation.

Contact Information