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Roberts Law Group PLLC

North Carolina Criminal Defense Attorneys

North Carolina Criminal Defense Law Blog

Changing a felony to a misdemeanor in North Carolina

If you are accused of a felony in North Carolina, the impact on your personal rights and your future can be very significant. Those who are convicted of felonies are barred from holding certain jobs, for example, or, in many instances, from owning firearms. The felony is going to sit on your permanent record, so it will show up if a potential employer decides to do a background check, and the job may go to someone else.

However, this does not mean that you have no legal options. Your first recourse may be to fight the charges, but what if you don't think that you can shake them? What if you are fairly certain that you are going to be convicted, and you're not sure what to do?

What is child pornography as defined by federal law?

A conviction on the charge of distributing child pornography can affect more than just a person's freedom. The stigma associated with any child sex crime is one that will not likely go away. This is true even if someone is found not guilty of the charge. Just an arrest can cause someone to lose his or her job, apartment or home and relationships with family and friends.

Some of our readers in North Carolina may want to know how the federal government defines child pornography. According to Section 2256 of Title 18 of the United States Code, child pornography is "any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age)." Visual depictions includes many formats, including photographs, computer generated or digital images and videos.

Man wrongfully accused of sex crimes released from jail

For more than three months, a man from North Carolina spent his days in the Harnett County jail for sex crime charges he did not commit. Those charges have now been dismissed, but it has cost the man a great deal. According to news reports, the man lost his house in Willows Creek and his job with a $55,000 a year salary.

The man was charged with producing child pornography and raping a teenager. He found out about the charges after his supervisor at work called to tell him that the news said he was wanted by law enforcement in relation to a child sex crime. The man went into the sheriff's office and was questioned about a home in Spring Lake where the rape of a 13-year-old had taken place.

Fight against conspiracy charges for federal crimes

Learning that you have been charged with any federal crime is usually enough to incite fear in a person. When a federal prosecutor can't prove that you were a person who actually committed a federal crime but believes that you played some part in the crime, you might be charged with federal conspiracy. This catch-all charge can be a difficult one to fight. We have the experience you need on your side to fight against the conspiracy charge.

For any defendant in North Carolina who is facing a federal conspiracy charge, understanding the legal basis of this charge might help you as you fight against your case. When a federal prosecutor opts to charge a person with conspiracy, all that prosecutor needs is evidence that you agreed to help someone commit an illegal act.

Understanding North Carolina drug treatment court

In many states, drug courts or drug treatment courts seek to offer treatment to people facing drug charges. In North Carolina, 23 counties offer drug treatment court, but there are specific criteria that the defendants must meet first. Below, you'll find more information on drug treatment courts in North Carolina. Your criminal defense attorney can provide more information about these another defense options.

What is the criteria for drug treatment courts?

Why challenging Breathalyzer results is important

Those who are arrested for DUI will usually have to provide a sample of their blood, breath or urine to determine their blood alcohol concentration. Across the country, including North Carolina, a person can be charged with driving under the influence with a BAC of .08 percent.

In North Carolina, the breath test machine used by law enforcement to determine BAC is the Intoxilyzer 5000. The results of this test are not infallible. At the Roberts Law Group, PLLC, we can challenge the results of the breath test. Some of those challenges might include:

What happens when someone is charged with a federal crime?

If you are facing federal criminal charges, you may wonder what options you have. Because the federal criminal process is different from local and state criminal processes, it's important to have representation by an attorney experienced in defending clients against federal charges. Below, you will find out how the federal criminal process works.

-- Federal cases are heard in one of 94 federal courts with U.S. attorneys filling the role of prosecutors.

Sexual abuse reporting requirements in North Carolina

Sexual offenses such as statutory rape involve minors. This is a type of sexual abuse specifically targeted at those who are under 16 years old. There are a few exceptions if the other party is within four years of the alleged victim's age -- such as a girl of 14 and a boy of 16 -- but the rule holds true for many cases involving minors.

Of course, not all minors are going to report incidents on their own. This is true not just for statutory rape, but for other types of sexual abuse. This is why the law requires that some people make these reports on behalf of those minors.

Raleigh woman arrested over son's death in drunk driving crash

One of the hardest circumstances facing parents is to bury their children. But the grief must be unimaginable for those parents who, due to their alleged negligence, caused the death of their child.

However, one 49-year-old Raleigh woman will be facing just that reality if she survives the injuries she suffered in the fatal crash that claimed her 12-year-old son's life.

Former mayor of Charlotte goes to jail for bribery

A man who used to be the mayor of Charlotte, North Carolina, was caught in a bribery scheme. According to reports, someone brought him a suitcase that was entirely full of money. They boldly took it right to his office and gave it to him there. He has recently been sentenced, and he has been given four years behind bars.

This was a federal case, and so he will go to federal prison. The city of Charlotte had a very upright reputation before this case, which cast a new light on the way that the city was run.

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