Hayes, Williams, Turner & Daughtry, P.A.

Posts tagged "Criminal Defense"

When do the police have to read you your rights?

Maybe you got into a fight with someone and the police were called and you got arrested. Perhaps you were picked up on suspicion of drunk driving. Maybe it was something else. Either way, you kept waiting for the arresting officer to launch into the "Miranda" warning that you've heard so many times on TV. You know, the one that starts out, "You have the right to remain silent," and details what can happen if you don't, among other things.

If your victim drops the charges, does your case go away?

You got into a fight with your girlfriend and it got out of control. The police were called. Your girlfriend made allegations that you were assaultive. You were charged with domestic violence. Now, your entire life has been turned upside down and you'd give anything for the whole case to just go away. Should you ask your girlfriend to drop the charges?

Should North Carolina give criminal defendants a break?

When defense attorneys talk about the consequences of an arrest, they often speak of the collateral damage to a defendant's life -- including the possibility that an arrest and conviction will haunt the defendant's footsteps forever. A decades-old theft conviction for shoplifting, for example, could make every potential employer distrust you. A charge for assault over a bar fight in your youth could continue to brand you a "violent" person for years -- even if you weren't convicted.

What happens during plea bargaining?

Plea bargains are an integral part of the criminal legal system. Prosecutors like them because they're always counted as a "win" in their statistics. The courts like them because they help keep the system moving and reduce the backlog of cases that need to be heard. Defendants like them because they can often carve out a deal that's much better than they'd likely get if the case went to trial.

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