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Articles Posted in Criminal Charges

When can the State bring Assault Charges?  

Whether it’s a charge for assault with deadly weapon inflicting serious injury, simple assault, or even misdemeanor assault on a female, an “assault” is an essential element to such criminal What is Assault? allegations.   

That means, for the State to prove someone guilty beyond a reasonable doubt, the prosecutor bears the burden of proof to show the person accused of criminal wrongdoing is guilty of the underlying crime of criminal assault  

The Doctrine of Recent Possession in North Carolina can be a bit confusing. Generally, it refers to the doctrine of recent possession in NCpossession of recently stolen property.

Historically, in the United States, such possession and the “doctrine” may prove relevant to determining the mens rea or the “evil mind.” It is an inference of guilt, proving criminal conduct.

Sometimes people charged with a crime are caught “red-handed.” Other times, allegations of criminal wrongdoing may be supported by what defense lawyers may refer to as circumstantial evidence.  

What does “propensity to commit a crime” mean and when is 404(b) “Character Evidence” admissible in a trial for CRIMINAL LAWYER OBX NCcriminal allegations?

The Rules of Evidence affect the disposition of civil causes of action, such as tort claims for accidents and personal injury matters, as well as criminal charges in North Carolina.

Law schools that focus on trial advocacy skills understand the importance of a sound, comprehensive understanding of the Rules of Evidence and their impact on day-to-day litigation.

A violation of a DVPO in North Carolina can carry serious consequences if you’re convicted.OUTER BANKS CRIMINAL DEFENSE LAWYERS

The North Carolina criminal laws classify such offenses as upper-level, more serious misdemeanors. 

Defense lawyers may refer to that as an A1 misdemeanor or an “aggravated misdemeanor.”  It is separate and apart from a factor of aggravation that may be considered by the Court.  

No one plans to get arrested for assault charges or spend the night (or more) in jail.LAWYERS WHO HANDLE OBX ASSAULT CHARGES

Allegations of assault or “assault and battery” tend to be related to pre-existing tensions, hard feelings, and in some instances, the overconsumption of alcohol.

That’s especially true when charges involve Domestic Violence issues.

The North Carolina court system, like many other businesses on the Outer Banks, is taking precautions to avoid the transmission of the novel coronavirus. OBX lawyers and law firms, under the Governor’s Shelter in Place Order, are considered “essential.”

“Criminal defense attorneys are officers of the court and an important part of the timely administration of justice.”

Can I get my charges thrown out?
The NC Constitution and Criminal Laws in North Carolina mandate the timely disposition and hearings for certain criminal charges, thereby necessitating interaction with criminal lawyers.

It seems like the media can report on little else than the COVID 19 or “Coronavirus” as of late.

While there are genuine concerns about how the virus will affect us, the ordinary flu is something lawyers who handle cases on the Outer Banks deal with every year.

Continuances and getting a case continued due to illnesses is part of what we do as defense attorneys.  If you’re a client and get sick with COVID 19 or even the flu, we recommend you call the office right away – Danny Glover, OBX Criminal Defense Lawyer 

If you have a Warrant for Arrest against you, we strongly recommend you retain an Outer Banks Outer Banks Criminal Lawyerslawyer without delay.

We can help explain the court system, what to expect, and the most appropriate way to proceed.

While service of process of any Order for Arrest (OFA) or warrant might be a bit scary, we have some suggestions that can make things easier for you and your family.

Driving While Impaired can serve as a “predicate offense” for serious felony charges including manslaughter, murder, and felony death by vehicle.  Homicide and DWI fatality allegations merit DRUNK DRIVING ACCIDENTS IN NORTH CAROLINAcareful consideration of the law, facts, and accident scene, given the possibility of long-term prison terms.

When “drunk driving” results in the death of another, the Office of the District Attorney often assigns senior-level attorneys to prosecute the felony charges.

 Cases that involve homicide charges deserve legal represenation by a defense attorney with decades of practical courtroom experience- Danny Glover, Outer Banks Criminal Lawyer 

“Don’t turn it into a federal case.”  You’ve may have heard that saying, understanding it means making something more serious than it should be.  An indictment and charges in federal court are actually very serious.  Media Is Domestic Violence a Federal Offensereporting in Charlotte has left some to ask, “Is domestic violence a Federal Offense?”

While that may be the case in Charlotte, it’s reasonable to ask, “Is that true in eastern North Carolina and the OBX too?  Will all US Attorney offices in North Carolina start prosecuting federal offenses related to DV charges?”

Local Charlotte TV station WSOCTV reports that Andrew Murray, the United States Attorney appointed by President Trump as the chief prosecutor in the federal court system in the Western District of North Carolina, is considering whether federal charges may also be appropriate in certain circumstances.

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