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Recent Criminal Cases in North Carolina

Disclaimer: The listed cases are illustrative of the types of cases handled and do not represent the entire record of cases handled by the firm. The outcome of a particular case is based upon a variety of factors and cannot be predicated upon a lawyer's or law firm's past results. The penalties listed for each case are the maximum amount of time the client was facing, based upon the structured sentencing guidelines and taking into consideration each client's criminal record at that time.

Drunk Driving/DUI/DWI Case Results |  Sex Offenses Case Results | Violent Crimes Case Results | Drug Charges Case Results | Property Crime Case Results


Drunk Driving/DUI Case Results 

Charge: DWI

Facing: 1 year in prison and a fine of $2000
Result: Dismissed

North Carolina vs. M.S. - Our client was represented by another firm and was convicted in District Court of impaired driving. He appealed the matter to Superior Court and retained Patrick Roberts to try his case before a jury. On the morning the jury trial was set to begin, the Assistant District Attorney dismissed the case, citing a lack of evidence.

Charge: DWI, Possess Open Container

Facing: 6 months in prison and a fine of $1000
Result: Not Guilty of Driving While Impaired

North Carolina vs. G.C. - After being stopped for speeding, our client was arrested for DWI after performing field tests on the side of the road. The State alleged that our client blew .09 on the breath device. At trial, we convinced the judge that the State had not met their burden of proof and the client was found not guilty of DWI and guilty of possessing an open container in the vehicle.

Charge: DWI, Reckless Driving

Facing: 6 months in prison and a fine of $1000
Result: Not Guilty of Driving While Impaired

North Carolina vs. A.J. - Our client was pulled over for reckless operation of his motorcycle. The state trooper detected an odor of alcohol and believed that our client was impaired. The State alleged that our client blew .08 on the breath device. At trial, the client was found not guilty for DWI and guilty of reckless driving.

Charge: DWI

Facing: 6 months in prison and a fine of $1000
Result: Dismissed

North Carolina vs. E.S. - The state accused our client of erratic driving over an extended distance. We filed a motion to dismiss for lack of reasonable suspicion to stop. After a hearing, the judge agreed that our client's constitutional rights were violated and dismissed the case.

Charge: Third DWI in Five Years

Facing: 24 months in prison and a fine of $4,000
Result: Probation

North Carolina vs. I.R. - Our client faced his third DWI in five years. He was convicted of the previous two and faced a two year prison term for the current charge. We argued that the client deserved another chance. The judge agreed and the client was placed on supervised probation after serving 60 days in jail.


Sex Offenses Case Results

Accusation: Statutory Rape

Facing: 240-297 mos. in prison
Result: 60 days

State v. L.A. - Our client was found in the company of a fifteen year old girl after a night of excessive drinking. The girl accused our client of rape after her sister entered the room and found the two of them together. The state claimed to have several eyewitnesses to corroborate the girl's story, but we were able to challenge the claim of penetration. The prosecutor agreed to dismiss the statutory rape charge and allow our client to plead guilty to misdemeanor Assault On A Female. He did not have to register as a sex offender.

Accusation: First Degree Statutory Sexual Offense

Potentially facing: 240-297 months in prison
Result: No Charges Filed

State v. J.A. - Our client's wife accused him of engaging in sexual acts with their daughter. Child Protective Services (CPS) investigated. The wife also accused our client of downloading several images of child pornography. After conducting our own investigation, we were able to show there were no grounds for these accusations and the State decided not to charge our client.

Charge: Sex Offender Use of Social Website

Facing: 6-8 months in prison
Result: Dismissed

State v. J.S. - Our client was accused of violating the terms of his sex offender registration by using social networking sites. We were able to gather evidence showing there was no criminal intent by our client and that he only used the site for his work as a sports agent.

Charge: First Degree Statutory Sexual Offense (Three Counts)

Facing: 720-891 mos. in prison
Result: 16 - 20 mos. followed by probation

State v. R.R. - Our client was accused of sexually assaulting his nine year old granddaughter and showing her pornographic material. Despite his taped admission to detectives, we were able to negotiate a judgment that included probation after he served time in the county jail. He pleaded guilty to three counts of Indecent Liberties with A Minor, had to register as a sex offender and was placed on five years of supervised probation.

Charge: Statutory Rape (Two Counts), Indecent Liberties with A Minor (Two Counts), Attempted Kidnapping, Attempted Abduction of a Child

Facing: 541-670 mos. in prison
Result: 8 mos. followed by probation

State v. M.B. - Our client was accused of engaging in sexual intercourse with a twelve year old girl on multiple occasions. He was also accused of visiting her school and attempting to remove her from the school premises without permission. We were able to negotiate a judgment that included three years of supervised probation after he served eight months in county jail. He had to register as a sex offender after pleading guilty to two counts of Indecent Liberties with A Minor.

Accusation: First Degree Statutory Sexual Offense

Potentially facing: 240-297 months in prison
Result: No Charges Filed

State v. J.C. - Our client was accused by her minor son of engaging in oral sex with her. We were able to interview those close to the family and discovered that the son had a history of making false accusations of this nature. We also gathered medical records to show that the child suffered from a long history of mental illness. After showing the son's history of mental instability, the government chose not to file any charges against our client.

Accusation: Indecent Liberties with a Minor

Potentially Facing: 32 - 40 months in prison
Result: No Charges Filed

State v. C.B. - Our client was accused of touching two of his daughter's teenage friends in a sexually inappropriate manner. Both were under the age of 16. After conducting our own independent investigation, we provided our findings to local authorities. After reviewing our findings, the State made the decision not to charge our client.

Accusation: Indecent Liberties with a Minor

Potentially facing: 32 - 40 months in prison
Result: No Charges Filed

State v. C.J. - Our client was alleged to have sexually assaulted his girlfriend's fourteen year old daughter and one of the daughter's friends. The allegations were made by the daughter of a former neighbor of our client. Child Protective Services (CPS) conducted an investigation and referred the matter to local law enforcement. We conducted our own investigation, which included interviews of the neighbors, the accuser's friends and other key potential witnesses. After turning over our findings to local authorities, the State decided not to charge our client.

Accusation: Indecent Liberties with a Minor

Potentially facing: 16 -20 months in prison
Result: No Charges Filed

State v. J.M. - Our client was accused of sexually assaulting his ex-girlfriend's teenage daughter. We provided documentation to local detectives that cast doubt on the girl's truthfulness and established that this story was an act of revenge by the accuser's mother. After reviewing our documentation, the State made the decision not to charge our client.

Accusation: Indecent Liberties with a Minor

Potentially facing: 16 -20 months in prison
Result: No Charges Filed

State v. J.C. - Our adult client was accused of touching a six year old at his cousin's day care service. After conducting our own investigation, we were able to present enough evidence to convince the State to drop their investigation and not file charges against our client.

Charge: 4th Degree Sex Offense, 2nd Degree Assault

Facing: 11 years
Result: Jury Trial - Not Guilty

Maryland vs. J.N. - This client was charged with the improper touching and assault of his ex-girlfriend's daughter. Cross examination and the defense witness testimony revealed that the accuser had been influenced by her mother to testify to events that never occurred.

Charge: First Degree Forcible Rape and First Degree Kidnapping

Facing: 26 - 33 years in prison
Result: Dismissed

North Carolina vs. O.S.- Case involved allegations of forcible rape at gun point. We were able to gather evidence to attack the accuser's credibility and discredit her story. The prosecution dismissed the charges.

Charge: Felony Assault by Strangulation

Facing: 6 - 8 months in prison
Result: Dismissed

North Carolina vs. A.A. - Our client was charged with assaulting a woman he met on the Internet. The woman alleged that our client choked her and threatened her life because she refused to have sex with him. At a probable cause hearing, a judge found no probable cause and dismissed the charge.

Charge: Sexual Battery

Facing: 2 months in jail
Result: Dismissed

North Carolina vs. D. P. - Our client was charged with sexually assaulting an intoxicated acquaintance at a party. We gathered information to prove that the allegations were false. The prosecution dismissed the charge.

Charge: Ten Counts of Second Degree Exploitation of a Minor

Facing: 12 - 17 years in prison
Result: Felony Probation

North Carolina vs. J. P. - Our client was accused of downloading numerous images of child pornography from the Internet. This was a high profile case that drew significant media attention. We were able to negotiate a probationary judgment with only weekend jail time.

Charge: First Degree Statutory Sexual Offense, Indecent Liberties with A Child

Facing: 21 - 27 years in prison
Result: Misdemeanor Probation

North Carolina vs. J.R. - Case involved allegations of oral sex between a minor child and her father that arose during a heated child custody dispute. We were able to negotiate a dismissal of the felony charges. Our client pled guilty to misdemeanor sexual battery and was sentenced to probation.

Charges: Second Degree Statutory Sexual Offense

Facing: 20 - 25 years in prison
Result: Misdemeanor Probation

North Carolina vs. K. S. - Adult client accused of engaging in oral sex with an underage girl and providing several minors with alcohol. The prosecution had several eyewitnesses, including members of the accuser's family. We negotiated dismissal of the felony charges in exchange for a plea to misdemeanor sexual battery.

Charge: Statutory Rape

Facing: 20 - 25 years in prison
Result: Misdemeanor Probation

North Carolina vs. S. N. - Client accused of having sexual intercourse with a 15 year old girl. The evidence against our client included his confession. We negotiated a dismissal of the felony charge in exchange for a plea to contributing to the delinquency of a juvenile.

Charge: Second Degree Kidnapping, Indecent Liberties with A Child, Felonious Restraint, Contributing To Delinquency of A Juvenile

Facing: 59 - 99 months in prison
Result: Deferred Prosecution

North Carolina vs. M.M. - Our adult client, a college student, was accused of meeting a 14-year old girl on the Internet and arranging a meeting with her. The state alleged that he took her from her home county to a nearby county for improper purposes. Ultimately, the charges of Second Degree Kidnapping, Indecent Liberties With A Child and Contributing to the Delinquency of a child were dismissed. The client signed a deferred prosecution agreement that will result in a dismissal of the final charge if he satisfies the agreed upon terms.

Accusation: Second-Degree Forcible Sexual Offense

Facing: 6 - 8 years in prison
Result: No Charges Filed

In re B.G. - Client accused of forcing a female companion to perform oral sex on him. We gathered evidence to prove that the contact was consensual. The prosecutor and the lead detective chose not to file charges.


Violent Crime Case Results

Charge: 1st Degree Murder, Attempted 1st Degree Murder, 2nd Degree Murder Attempted 2nd Degree Murder, Manslaughter, Second Degree Assault and Felony Handgun Charges

Facing: Multiple Life Sentences
Result: Not Guilty

Maryland vs. R.A. - This client allegedly fired shots into a New Years Eve party on January 1st 2006. The shooting resulted in the death of a 21 year old female (who was survived by her twin sister), and the wounding of the deceased's uncle.

Defense focused on:
1) The week-long unexplained absence of an important Government witness after the shooting occurred;
2) The lack of any witnesses testimony as to the Defendant firing a handgun;
3) The inability of the State to produce a weapon;
3) And the possibility of another shooter on the scene due to blood splatter evidence outside the home near the spot that the Defendant was standing.

Defendant was found not guilty on the murder charges. The jury was hung as to the manslaughter, assault and handgun charges. The defendant later pled to manslaughter and was given a ten year sentence, suspend all but 5 years.

Charge: Domestic Violence -2nd Degree Assault (Two Counts), Deadly Weapon with Intent to Injure, Malicious Destruction of Property, and 4th Degree Burglary

Facing: 26 years, 60 days years
Result: Dismissed

Maryland vs. E.W. - In a case of alleged domestic violence, cross examination of accuser, the government's main witness, cast doubt on the strength of the Government's case. The Judge granted the Defense motion for acquittal at the close of the State's case and dismissed all charges.

Charge: 2nd Degree Assault

Facing: 10 years
Result: Jury Trial - Not Guilty

Maryland vs. S.R. - This client was charged with assaulting his ex-girlfriend. Cross examination focused on the girlfriend's motivation to fabricate the incident. The jury returned a verdict of not guilty.

Charge: Attempted First Degree Murder, Assault with A Deadly Weapon With Intent To Kill Inflicting Serious Injury, First Degree Burglary, Assault On A Female

Facing: 24 - 31.5 years in prison
Result: 25 - 39 mos.

North Carolina vs. J.A. - The State accused our client of repeatedly stabbing another man whom he suspected of having an affair with the mother of his child. In the process the woman was also assaulted. The client later confessed his involvement in the altercation. We were able to negotiate a dismissal of most of the charges. The client ultimately pled guilty to the reduced charge of felonious assault with a deadly weapon inflicting serious injury.

Charge: Robbery with A Dangerous Weapon (4 Counts), First Degree Burglary, Conspiracy to Commit Robbery with A Dangerous Weapon

Facing: 12 - 17 years in prison
Result: Dismissed

North Carolina vs. M.W. - An incarcerated defendant accused our client of participating in the robbery of a group of young at a party. We were able to raise doubt as to the credibility of this individual. In the end, the prosecutor dismissed these charges, citing a lack of evidence.

Charge: Domestic Violence -2nd Degree Assault (Two Counts), Intoxication to Endanger (Two Counts)

Facing: 20 years, 6 months
Result: Jury Trial - Not Guilty

Maryland vs. J.H. - This client was charged with being drunk to the point of endangering his girlfriend and her daughter. At the jury trial, the Government failed to establish the elements of intoxication to endanger, and those two charges were dismissed after the close of the State's case in chief. This client took the stand and testified that he in fact was the victim. Scars on his neck helped convince the jury to return not guilty the assault charges.


Drug Charges Case Results

Charge: Attempted Distribution of Controlled Dangerous Substance (Two Counts), Drug Possession (Two Counts)

Facing: 44 years
Result: Jury Trial - Acquittal Motion Granted & Not Guilty

Maryland vs. R.B. - This defendant was charged with dealing cocaine to multiple buyers. Cross examination elicited that only one officer witnessed the transactions, witnessed the hidden stash, and made the arrest. This officer had prior history of negative interaction with the defendant. The defendant did not testify. The jury returned a verdict of not guilty on all counts.

Charge: Attempted Distribution of Controlled Dangerous Substance (Two Counts), Drug Possession

Facing: 44 years
Result: Jury Trial - Not Guilty

Maryland vs. M.W. - Two officers testified at this jury trial. Inconsistencies elicited on the cross examination of the officers established that the Government did not do enough to prove the case beyond a reasonable doubt.

Charge: Trafficking In Oxycodone (5 Counts)

Facing: 29 - 35 years in prison and a fine of $250,000
Result: Felony Probation

North Carolina vs. J.A. - Our client was accused of selling prescription pills to an informant working for law enforcement. She faced a mandatory jail sentence if convicted as charged. We were able to convince the prosecution that our client had a severe addiction problem and should not be treated as a common drug dealer. The charges were reduced to sale of Oxycodone, possession with intent to sell Oxycodone and delivery of Oxycodone. The client received two years probation.

Charge: Possession with Intent to Distribute Cocaine, Possession of a Firearm in Furtherance of a Drug-Trafficking Crime

Facing: 14 - 16 years in prison
Result: 65 mos.

U.S. vs. E.A. - Our client was charged in State court with multiple counts of trafficking cocaine. He was indicted in federal court and pled guilty to one count of Possession with Intent to Distribute a Quantity of Cocaine and one count of Possession of a Firearm in Furtherance of a Drug Trafficking Crime. At the sentencing hearing, the government's recommendation was for an active sentence of 108 - 135 mos. followed by 60 mos. Thus, our client was facing 14 - 16 years. We argued that a 65 month sentence should be imposed and the judge agreed.

Charge: Possession of Schedule I Controlled Substance, Possession of Drug Paraphernalia

Facing: 6 - 8 months in prison
Result: Dismissed

North Carolina vs. M.S. - The State alleged that our client assisted her incarcerated co-defendant by hiding some hiding illegal mushrooms from law enforcement. The evidence included a recorded conversation between our client and her co-defendant. Once the co-defendant pled guilty, we were able to negotiate a dismissal of our client's charges.


Property Crimes Case Results

Charge: Felonious Breaking or Entering, Felony Larceny

Facing: 12 - 16 months in prison
Result: Dismissed

North Carolina vs. J.H. - Our client was accused of breaking into a neighbor's home and stealing money with some of his friends. We gathered evidence to prove that the client was at home when the break-in occurred. After the prosecutor initially offered the client a felony plea, the charges were dismissed.

Charge: Felony Larceny

Facing: 6 - 8 months in prison
Result: Dismissed

North Carolina vs. V.J. - Police officers accused our client of conspiring to steal a vehicle from a dealership where he used to work. Our client's accuser had already been arrested for committing the same crime. We were able to show the Assistant District Attorney that the charge lacked merit and the charge was dismissed after one week.

Charge: Felony Larceny

Facing: 6 - 8 months in prison
Result: Dismissed

North Carolina vs. J.T. - A warrant was issued for our client's arrest because an ex-lover accused him of stealing her vehicle. The charge was dismissed by the District Attorney's office and the warrant was never served.

Charge: Obtaining Property By False Pretense

Facing: 6 - 8 months in prison
Result: Dismissed

North Carolina vs. G.S. - Our client was accused of fraudulently obtaining money from a staffing agency where he once worked years before. The charge was preventing our client from obtaining a prestigious position. We were able to show the District Attorney's office that our client had changed his life for the better and the charge was dismissed.

Charge: Felony Larceny, Communicating Threats

Facing: 8 - 10 months in prison
Result: Dismissed

North Carolina vs. R.D. - Our client was accused of stealing jewelry from a neighboring business. He was also accused of threatening the alleged owner when confronted by her about the theft. Both charges were dismissed.

Charge: Mail Fraud (9 Counts), Conspiracy to Commit Mail Fraud

Facing: Three years in prison
Result: One year, One day

U.S. vs. J.R. - Our client was convicted of nine counts of mail fraud and one count of conspiracy to commit mail fraud. The government alleged that our client fraudulently obtained more than $115,000 from her former employer. At the sentencing hearing, the Judge granted our motion for a downward departure, sentencing our client to one year and one day. The government had asked the judge to sentence our client to several years.

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434 Fayetteville Street Mall, Suite 1620
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