January 14, 2019

What is a Giglio Disclosure?

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

The 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.

January 12, 2019

Disclosure of Exculpatory Evidence in Charlotte NC

by Carolina Attorneys

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.

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

December 17, 2018

NO BOND in Domestic Violence charges

by Carolina Attorneys

Communicating 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

December 9, 2018

Is Court Closed in Charlotte?

by Carolina Attorneys

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.

If you have criminal charges pending or a scheduled court appearance date for DWI charges in Charlotte, failure to appear as directed can result in the issuance of an Order for Arrest or “OFA.”

The Clerk of Court may also record a Failure to Appear (FTA) that if reported back to NC DMV can result in problems with your driver’s license in North Carolina.

November 5, 2018

What is a Bill of Indictment?

by Carolina Attorneys

Criminal 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.

October 20, 2018

Possession of a Firearm by a Felon Charge

by Carolina Attorneys

Careful 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?

October 18, 2018

Can I Get My Charges Dismissed?

by Carolina Attorneys

What 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.

October 17, 2018

How Can I Get My Charges Dropped?

by Carolina Attorneys

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).

October 10, 2018

Criminal Defense Lawyer Charlotte NC

by Carolina Attorneys

If 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.

October 9, 2018

Can I get a dismissal?

by Carolina Attorneys

Dismissal of criminal charges in North Carolina is not a simple or guaranteed process. Understanding specific legal mechanisms, carefully examining the details of each unique case, and seeking guidance from an experienced criminal defense lawyer are important first steps.

Indeed, facing criminal allegations can be a daunting experience. The prospect of potential consequences and the complexities of the legal system can leave you feeling overwhelmed.

In this challenging time, we think it’s a good idea to explore options for resolving the case, including the possibility of having charges dismissed.