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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.

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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.

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Personal Injury Lawyers in Charlotte North CarolinaThe likelihood of accidents involving alcohol, permanent injuries, and wrongful death claims associated with drunk driving in Charlotte continues to increase at a disturbing rate.  The numbers don’t lie.

There is an inverse relationship between drunken driving arrests and “accidents.”  Put simply, alcohol-related fatalities (wrecks) increase as DWI arrests decrease.

DWI enforcement in Mecklenburg County has dropped substantially in recent years.  Arrests for drunk driving have declined by nearly 2/3rds, with 4,101 arrests in 2003 and only 1,415 Mecklenburg DWI arrests in 2018.

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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 

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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.   

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.

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Part I: NC Insurance Companies Win by making sure You Lose

As an attorney who helps people with accident cases, it’s frankly hard not to sound a bit snarky when talking about the insurance laws in North Carolina. The reason insurance adjustors deny valid claims is simple: It pays to do so.

Why was my claim denied? Mind you, in many instances that is completely legal, ethical, and standard procedure. That doesn’t make it right or equitable.

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Monroe Drunk Driving LawyersWhat is DWI in NC?  Is it drunk driving?

There is a fair amount of confusion in North Carolina about DWI charges.  The general public may call that type of criminal charge different things like DUI, driving under the influence, driving while intoxicated, and even drunk driving.

Under the NC criminal laws, the offense is simply titled:  Impaired Driving.  It frankly can be a bit complicated, which adds to the level of confusion.  What really matters is how you respond to the charges, not what they’re called.

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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.

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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?

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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.

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