There are circumstances when you can be arrested and your rights not read. Generally, law enforcement officers are required to read you your rights if they plan on questioning you while you are in custody.

Unfortunately, there are times in which individuals are charged with crimes that they did not commit. Whenever you are arrested and charged with a crime, regardless of the circumstances, it is important that you at least consider seeking out the advice and counsel of an attorney in order to make an effort at insuring that you understand your legal rights. An attorney will help you to analyze and evaluated the circumstances surrounding your arrest and help you to decide on the appropriate course of action.

Probable cause is a sufficient reason to believe that a crime has been commited or is about to be committed. Probable cause is based on facts, what has been directly observed, or statements from credible witness.  More than a "hunch" is required to establish probable cause. Law enforcement needs to have probable cause in order to get a warrant, conduct a search, or make an arrest.

Law enforcement officers need to establish probable cause in order to get a search warrant. Probable cause can be based on what an officer has observed or on information that the officer obtained from a reliable informant. The officer will need to get a judge to sign the warrant. However under certain circumstances, an officer may conduct a search without a warrant

A law enforcement officer may conduct a search without a warrant whenever there is an emergency that requires the officer to act quickly; if the person whose property is being search gives the officer permission to conduct the search; when the officer is arresting a person, they may conduct a search during that arrest; and the officer can search items that are within their plain view.

If you are leasing an apartment, your landlord generally cannot give a law enforcement officer consent to search your apartment. However, if there is an emergency that requires a law enforcement officer to act quickly, the landlord can assist the officer with entering the apartment.

Unless there is an emergency that requires a law enforcement officer to act quickly, a roommate cannot give a law enforcement officer consent another roommate's room.

Although a law enforcement officer cannot impound a car for the purpose of searching it, an otherwise impounded car can be searched by an officer. Most likely the officer would need to obtain a search warrant prior to conducting the search.

Yes, law enforcement officers in North Carolina are generally required to activate their body worn cameras. State law governs how the camera footage is stored and under what conditions it is released. How and under what circumstances it is actually used are governed by the operational policies of the individual law enforcement agencies. For example, it is the policy of some law enforcement agencies to activate body worn cameras whenever they are conducting a traffic stop, performing a search, making an arrest, pursuing a vehicle, responding to an emergency, or responding to a call for service.

Yes, If you are on the recording, you can make a request to the law enforcement agency that made the arrest to view the footage. This request must be in writing and submitted in the proper format. If you would like that footage released instead of simply viewed, a formal petition to a superior court must be made. A superior court judge will privately review the footage and after a hearing, if the superior court deems that there is a compelling public interest to release the footage that outweighs any privacy or safety concerns, then the footage can be released.

Flock cameras are automated license plate readers that capture vehicle information such as license plate, vehicle make, vehicle model, vehicle color, and any distinguishing vehicle characteristics. The information captured by these cameras is entered and stored in a searchable database that is designed to assist law enforcement in identifying suspects in crimes. However, their use has been criticized as an unlawful infringement on privacy rights and for being prone to abuse by law enforcement agencies.

Generally in North Carolina state courts, most counties or judicial districts have presumptive bond amounts. These are designated bond amounts for various charges. The actual bond amount can deviate from the presumptive bond amount. The actual bond amount can be lower or even higher than the presumptie amount. Factors that a court might take into consideration when determining the bond amount are the criminal history of the defendant; the defendant's ties to the community; the age of the defendant; the defendant's employment history; the facts of the case as they are known; the strength of the evidence against the defendant; and if there is an alleged victim, the wishes of that individual can be taken into consideration as well.

Policies on bond are generally established from county to county collectively by the judges, magistrates, prosecutors, and in some instances the defense attorneys in that county. Because the bond amounts are a local matter, they can be expected to differ among counties. You should consult with a local attorney to find out the presumptive bond amounts for different charges within a given county.

Bond amounts are based on many different factors and the actual crime charged is only one factor. Prior criminal history, ties to the community, and likely culpability of the charged crime are some of the additional factors that are considered. If you feel that your current bond is unreasonable, you should consult with a lawyer about the prospects of getting the bond lowered in your case.

In some instances, missing a court date in your criminal case can result in a warrant for your arrest being issued. It is possible to get the warrant stricken and recalled but that process differs from county to county. If you have missed a court date, please contact our firm to see if we can assist you in determining if there has been an arrest warrant issued and to see what the prospects are of getting the warrant stricken and recalled.

A first appearance is generally your initial appearance in court where you appear front of a judge. At the first appearance, a judge will typically ask you what you want to do about an attorney. It is customary for you to have three options regarding an attorney.  You can either represent yourself, hire your own lawyer, or ask the court to consider you for a court appointed lawyer. At the first appearance, you are typically not expected to resolve your case.

For some misdemeanor cases and traffic cases it may be possible to resolve your case at your first appearance. If you, the prosecutor, and your attorney (if you are represented by an attorney) have an agreement to resolve your case, it may be possible to resolve it during the first appearance. However, it may not be in a person's best interest to resolve their case at the first appearance because there may be vital information pertaining to the case that may not be available during that initial setting. You will want to avoid making an early, hasty decision that you could regret in the future.

In most instances, you will be permitted to replace your court appointed attorney with an attorney who you hire. Be aware that you will want to hire the lawyer of your choosing as early in the process as possible. You want to make sure that the lawyer you hire has sufficient time to adequately prepare your defense so that they can represent you effectively.

If you are represented by an attorney, you should let your lawyer speak to the prosecutor on your behalf. Your lawyer is there to represent you and to advocate for what's in your best interest. Let your lawyer speak for you.

Even if you have been offered a plea deal, the advice and counsel of a lawyer can still be valuable. A lawyer can evaluate the merits of the plea deal from their trained and experienced legal perspective. A lawyer may be able to point out aspects of the plea deal that you may not have considered. Ultimately a lawyer may be able to evaluate the fairness of the plea deal and suggest options that may better serve you.

Felonies are generally the most serious types of crimes. They typically involve murder, serious bodily harm, significant illegal narcotics trading or possession, or great financial loss to another individual or entity. They are typically punishable by a fine and/or a year or more of imprisonment and imprisonment is generally in a state correctional facility as opposed to a county jail. Misdemeanors are less serious crimes but can also involve bodily injury to another. They typically involve theft, domestic violence, smaller amounts of narcotics possession, and vehicle offenses that involve bodily injury to another. Punishment is typically a fine and/or incarceration in the local jail. Infractions are typically traffic offenses such as speeding or operating a motor vehicle with some type of defective equipment. Punishment is generally the imposition of a fine. Infractions are rarely punished by any sort of incarceration.

A probable cause hearing is a hearing on a felony charge that takes place in district court within 15 days of a defendant's first court appearance. The purpose of a probable cause hearing is to determinae whether the State has sufficient evidence to move the case to superior court. The standard of proof that the State must meet at a probable cause hearing is that there was a crime committed and that the defendant is probably the one who committed the crime.  This is a far lower standard than proof beyond a reasonable doubt which is the standard that must be met in order for a defendant to be convicted of a crime.

Waiving probable cause means that the defendant has decided to forgo their right to a probable cause hearing. The defendant is essentially saying that the State can move the case to superior court, should it choose to do so, without opposition from the defendant.

Although probaable cause hearings occur less often in recent years, it is still a right that defendants have.  Whether or not to waive probable cause depends on the facts and circumstances of the case. The waiver decision is best made with the advice of an attorney. Waivng probable cause may result in forfeiting valuable rights. But on the other hand, there are situations in which waiving probable cause can be beneficial. This is a decision that will vary on a case by case basis.

The statute of limitations is the period of time that a prosecutor can bring charges for a crime after it has allegedly been committed.

Tolling the statute of limitations means that the time period for bringing charges for a crime has stopped. The statute of limitations can be tolled if a suspect in a crime is on the run.

The elements of a crime are all the aspects of a criminal offense that a prosecutor must prove beyond a reasonable doubt in order to convict an individual. The elements of a crime will vary from crime to crime and the elements of each particular crime are listed in the state criminal statutes.

Unfortunately, there is no legal prohibition from such prosecutions. It does happen more than people may think. However, in many instances either the State or the Federal case will be dropped if the other decides to move forward with prosecuting. However, that is generally a mutual decision among the prosecutors.

The length of time that it takes to resolve a case generally depends on the complexity of the matter. Most misdemeanor cases can be expected to be resolved in a matter of months. Driving While Impaired case that involve laboratory blood alcohol analysis can take up to a year or even more before being resolved. As for lower level felony cases, many of these can be resolved in a year or even less. More serious cases like murder, serious sex offense cases, arson, and higher level narcotics cases can possibly take a few years to resolve.

When a case is marked last, that means there will be no more future court dates for that case in that court . The case will have to be resolved at the next court setting. There will either be a plea agreement or a trial the next time you appear in court on that matter so be prepared to resolve a case the next time you are in court whenever you hear the phrase "marked last".

A case that has been dismissed with leave means that the prosecutor will not take any additional action in the near future with regards to prosecuting that case. A case can be dismissed with leave when the prosecutor encounters s difficulties in the evidence that makes prosecuting the case not immediately feasible or when the defendant has not appeared in court on the case for some extended period of time. Dismissals with leave are not necessarily a positive thing because at some point in the future the prosecution could opt to resume prosecution of the case.

A case that has been dismissed to indict is usually a felony case that has been in district court and the prosecutor seeks to move the case to superior court. One way that a prosecutor can move a felony case from district court to superior court is to present that case to a grand jury to seek an indictment. But prior to presenting the case to the grand jury the prosecutor will need to dismiss the case in district court first. The concern that this creates is that you will not know for certain when or even if that case is presented to a grand jury. The only way you will know that information is after the grand jury returns an indictment. If you have a case that has been dismissed to indict, it would be helpful to have the assistance of an attorney who can monitor the proceedings of a case and can inform you on whether or not an indictment has been returned in your case.

Discovery is all of the investigative reports that a prosecutor has in your case. It is all of the evidence that the prosecutor has against you. They may try to use some or all of it in any court proceedings against you. Typically, a motion must be filed in court in order to obtain discovery in a case. Once the discovery motion is filed, the prosecutor is obligated to release all of the discovery in their possession to either the defendant or most commonly, the defendant's attorney. If the prosecutor refuses or is unable to provide an item of discovery, then they will have to ask a judge to not be required to provide that particular item.

A motion to suppress is legal motion that is filed by a defense attorney on behalf of their client. This type of motion seeks to keep certain evidence against a defendant from being presented at trial. If the judge grants the motion it will make it more difficult for a prosecutor to prove their case. In some instances it may result in there not being a trial at all if the prosecutor believes that they cannot prove the case beyond a reasonable doubt without the suppressed evidence.

If there is a key witness who refuses to testify, the prosecutor may have a difficult time securing a conviction. However, if there are other witnesses or other pieces of evidence that the prosecutor can use, then securing a convict may still be a challenge but not as challenging as not have a cooperative key witness. Having a witness who refuses to testify does not guarantee an acquittal but it does make the job of the prosecutor more difficult.

When an individual is place on probation, the judge will typically impose a suspended sentence. That is, the individual will not immediately be incarcerated. As long as they are in compliance with the terms and conditions of their probation, they will likely not be incarcerated for the charge that they have been placed on probation for. That sentence is suspended. But if they fall out of compliance with the terms of their probation, there is a possibility that they will be brought back to court and the sentence that was suspended could become active and they would then have to serve the amount of time that was suspended either in a local jail or in a state correctional facility.

The habitual felon statute calls for enhanced sentencing punishment for individuals who are convicted of a felony after having previously been convicted of at least three prior felonies in state or federal court. It applies when an individual who has at least three prior felony convictions is charged with a new felony. The prosecutor has the discretion to seek an indictment against such an individual as an habitual felon under the habitual felon statute. 

Motive is not an element that has to be proven. Proving motive may help to strengthen the prosecutor;s case, but it is not something that has to be proven in order to get a conviction.

Post-conviction representation involves representation of an individual in a case that has already been disposed of in court and the individual has either entered a guilty plea or has been found guilty by a jury. If an individual feels that their conviction was unjust or that their sentence was unfair, we are available to investigate the case in order to see if there are any remedies available to correct the situation. If your case was in any state court in North Carolina and you feel that the conviction or sentence was unjust, please do not hesitate to contact us to see if we can be of assistance.

We are available to look into and investigate a variety of post-conviction cases in the state of North Carolina. We accept post-conviction matters that range from murder to property crimes. If the conviction occurred in North Carolina, we are available to speak with you about your situation.

If you were convicted of a crime in state court in North Carolina, you may submit an inquiry using the form below or contact us by telephone or email. We will need some basic information about your conviction such as what you were convicted of, what is your sentence, did you have a trial or enter into a plea agreement, were you represented by an attorney, if you are currently housed in a correctional facility we will need the name of that facility, and what type of post-conviction relief you are interested in obtaining. Once we have this information, we will be able to begin preliminary discussions regarding your situation.

Legal representation is extremely valuable whenever you find yourself involved in the criminal court system. It can be very difficult to navigate a legal system that you are unfamiliar with. At a minimum, seeking out a consultation with an experienced attorney will give you valuable information on how to protect your legal rights given the circumstances.

Our office accepts a wide range of criminal cases. We accept cases such as but not limited to murder, assault, sex offenses, narcotics sales, narcotics possession, weapons charges, theft offenses, domestic violence, probation violations, and expungements. If you have been arrested or have received a criminal charge, please contact us because we may be able to either offer you our services or refer you to a skilled and capable attorney or law firm if there is some conflict that prohibits us from accepting your case.

A 50B Order is a civil Domestic Violence Protection Order. It is commonly referred to as a DVPO. It is designed to protect those who have experienced domestic abuse, from an abuser, from further abuse from that individual. A person who seeks this order is generally seeking protection from a spouse, an ex-spouse, or a dating/romantic partner.  In some cases, a grandparent, grandchild, or a roommate may also seek protection under this provision of the law.

A party seeking a 50B Order (DVPO) needs to show the court first and foremost that domestic violence has occurred. Evidence of domestic violence may include causing or attempting to cause physical harm; placing a person or their family in imminent fear of serious bodily harm; continued harassment or a course of conduct that causes substantial emotional distress; or sexual conduct of a harmful nature. 

Although a DVPO cannot give full and complete physical protection at all times and under all circumstances, there are several safeguards that it can allow.  A DVPO can provide for no contact with the party who has been granted the order. The order can force a party to leave a shared residence. The order can require the surrender of firearms. The order can also require enrollment and completion of an abuser treatment program.

A temporary emergency order is usually issued initially. This provides protection until a full hearing on the matter takes place.  If after the full hearing the DVPO is granted, it will remain in effect for one year.  If after that year the need for protection continues, a hearing can take place in order to determine if and for how long the order should be renewed.

A DVPO can be violated in a variety of ways. The most obvious being a subsequent act of violence. Also repeated contact by telephone, email, test messaging, and social media messaging can be DVPO violations. Showing up at the person's home, workplace, school, or any place that they can reasonably be expected to be at a time that they are reasonably expected to be there can also result in a DVPO violation. Making contact through a third party can also be a violation. An individual can also violate a DVPO by failing to surrender a firearm or failing to enroll in and complete an abuser treatment program.

Violation of a 50B Order (DVPO) is a misdemeanor criminal offense. Punishment may include a fine and/or incarceration in the county jail. Repeated violations of the order can lead to a felony indictment which may result in a fine and/or incarceration in a state correctional facility.

Our firm can review your arrest documents and any video of your arrest to determine whether or not any of your constitutional rights were violated. We can also review the results of any breath tests that were administered in order to determine if they were conducted lawfully. If there waa a blood anaysis conducted in your case, we will consult with experts in order to determine if that analysis was performed using the appropriate scientific methodology. Overall, our firm will be with you through every stage of the process as we work with you and for you to resolve your DWI case.

In order to stop someone suspeted of impaired driving, an offier has to have reasonable suspicion to stop that individual.  Some factors that can be used to establish reasonable suspicion are speeding weaving between lanes, weaving within a lane, driving unusually slow for conditions, not fully stopping at a stop sign, or erratic driving.

In order to arrest an individual for impaired driving, a law enforcement officer needs to have probable cause.  This is a higher legal standard than the reasonable suspicion necessary for making the initial stop. Probable cause is generally established by the officer's observations of the driver. Slurred speech, a strong odor of alcohol, glassy eyes, poor performance on field sobriety tests, and readings from an intoximeter if one is administered can be used to establish probable cause to make an arrest for impaired driving.

The three most common field sobriety tests that law enforcement officers give are the horizontal gaze nystagmus test, the walk and turn test, and the one leg stand test. These test do not definitively determine impairment but they can serve as a basis for probable cause to make an arrest for impairment.

Whether or not a DWI conviction will result in jail time depends on a variety of factors.  The facts surronding the DWI and prior drivnig history play a significant role in whether and how much jail time is imposed. 

In many cases, an individual is eligible for a limited driving priviege after being convicted of DWI.  The abiliy to qualify for the privilege is dependent on several factors. The nature of the conviction, prior driving history, and compliance with court order substance abuse assessment and/or treatment are some of the factors that the court will consider when determining eligibility for a driving privilege for a DWI conviction.  The driving privilege will permit driving during designated hours for work, education, and compliance with court ordered treatment.  As a part of our DWI representation, our office will prepare all of the required documents for the limited driving privilege.

A person can be charged with aiding and abetting DWI if they know that a person is impaired and they help, advise, or encourage the impaired person to drive. One of the most common instances where this occurs is when an individual gives the car keys to a person who they know is impaired to drive.

In some traffic matters you can pay the ticket without going to court. However, when you pay a ticket, you are admitting to being guilty of what you have been charged with. In some instances, this could result in a suspension of your license, DMV points, and insurance rate increases. It is generally a practical idea to consult with a lawyer so that you will understand your rights and the prospects of resolving your case without experiencing unintended future negative consequences.

Our firm represents individuals in a variety of traffic matters. We represent individuals who have received speeding tickets, driving while license suspended charges, stop sign/light violations, and a host of other traffic violations. If you have received a traffic ticket and are interested in minimizing or even avoiding increases in DMV points and insurance points, please consider contacting our firm.

Our legal fees vary according to the nature of your situation. We strive to keep our legal fees fair, reasonable, and competitive. For the convenience of our clients, we offer flexible payment plans. Our legal fees will be clearly and thoroughly explained prior to representation. If at any point you do not understand any aspect of our legal fees, we urge you to contact us immediately. Our legal fees do not include any fines or court costs that may be assessed by the court. Also, if your case requires the assistance of a private investigator or some other professional, their fees will be separate and apart from our legal fees.

Although we would certainly like to help as many people as we can, our practice is limited to North Carolina. Within the state of North Carolina, our criminal practice is focused on criminal, DWI, and traffic court cases in Wake, Durham, Orange, and Chatham Counties. We also handle cases in counties that neighbor those counties. As far as our post-conviction practice is concerned, we accept those cases on a statewide basis. As long as the conviction was in one of the state courts in North Carolina, we are available to assist with a post-conviction matter.

Williams & Williams limits its practice to the state courts of North Carolina only. Although we cannot help you with a federal case, even if you do have a federal case, please do not hesitate to contact us because we may be able to refer you to an attorney or law firm who can help you.

Williams & Williams is a firm that has been in existence since 2001. Our firm is concerned about our clients, committed to our clients, and compassionate towards our clients. We will provide you with an honest and upfront assessment and evaluation of your case as soon as possible. During the course of our representation, we will notify you promptly should anything change concerning our evaluation of your case. You will never have to be concerned with hidden or surprise legal fees. If you choose our firm, you can be assured that the lines of communication will always remain open. We are always only a phone call, an email, or a text message away. Perhaps most importantly, our firm will always work to ensure that your legal rights and interests are protected.