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North Carolina Criminal Defense Law Blog

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.

Avoid sex crimes registry for possession of child porn

Would you believe that the simple act of possessing child pornography would land you on the sex offender registry in North Carolina? Although many may see this as a relatively minor violation, the state courts frown heavily on Internet sex crimes, which are often met with harsh penalties. Whether you are accused of sex crimes such as distribution of child pornography or even simple solicitation, you need the help of an experienced attorney to help you navigate the legal process that lies ahead.

For many North Carolina residents, anyone who is even charged with an Internet sex crime is automatically considered guilty -- even before one is convicted. Sex crimes carry a powerfully negative social stigma. However, defendants accused of committing these violations deserve the same legal protections and consideration as those afforded to those accused of other crimes.

Are you required to register for sex crimes in North Carolina?

If you have been convicted of a sex crime in North Carolina, you may be required to list your personal information on the sex crime registry. This process is not always easy to navigate, so it helps to have an experienced attorney to guide you through the process. Your criminal law attorney can help you properly register after your sex crimes conviction, ensuring that you comply with state mandates for registration.

Offenders who are residents of the state are required to register immediately upon conviction if they are not subject to prison or jail time. If the defendant has been convicted and sentenced to time in custody, that person has a three-day window for registration after they are released from the penal institution.

4 arrested for drug crimes related to cocaine trafficking

News reports out of North Carolina indicate that two people from that state -- and two from Texas -- have been arrested in connection with a major drug distribution conspiracy. The four defendants, who range in age from 22 to 40, are facing accusations of drug crimes related to cocaine trafficking and conspiracy. Investigators have remained relatively tight-lipped about the specifics in the case, but it appears as though more than 400 grams of cocaine may have been involved in the bust.

The 400-gram level is a threshold for the most serious drug trafficking charges that can be pressed under existing state law. All four of these defendants have been accused of trafficking, while three of them are also facing allegations of conspiracy. One of the defendants reportedly used his 2012 Acura as a storage vehicle for transporting and selling drugs. Another defendant allegedly delivered the drugs to undercover police operatives. The seriousness of the charges is underscored by the bail amounts, which range from $400,000 to $1 million, according to authorities.

What happens if I refuse a breath test for DWI?

North Carolina residents who are subject to a drunk driving traffic stop may not know that they have the legal right to refuse a breath test while they are pulled over. Drivers who are stopped because of alcohol-related offenses may be asked to submit to a breath or blood test in connection with their DWI. These drivers may benefit from a breath test refusal, even though penalties for this decision may seem severe at the time.

What happens to my license if I refuse a breath test?

Drug crimes can have major effect on young people's future

Are you a young person who is facing drug charges because of possessing even a small amount of marijuana or another illegal substance? It is important to realize that a conviction for drug crimes can have a major impact on your personal and professional future, leaving you without employment prospects and other key benefits. That is why aggressive defense is needed to protect against even seemingly modest drug charges; an experienced team of legal professionals can help.

Whether this is your first or tenth drug charge, you deserve to have your legal rights protected during your criminal proceeding. Our team of legal professionals can help prepare a customized defense for your criminal case, using evidence and expert testimony to support your position. We can help you even if you are facing felony drug charges.

Poacher gets 5 months for federal crimes in national park

A North Carolina man has received five months in jail for possessing an illegal plant. No, he was not convicted on charges of marijuana possession; in fact, the man was facing federal crimes for poaching ginseng out of the Great Smoky Mountains National Park. The 46-year-old man was accused of possessing more than 80 roots of American ginseng that he had dug out of the national park. The federal charges stem from the fact that the crimes occurred on federal land.

Authorities say that the defendant pleaded guilty to poaching. This was his fourth conviction. News reports show that the man received a 75-day jail sentence in 2011 for a poaching conviction after he was found with more than 500 ginseng roots. Later that year, he was found with nearly 200 roots, for which he received a 120-day sentence.

Internet sex crimes outpace existing legal statutes

The term "selfie" is still relatively new in the cultural lexicon, but it is making a big splash in criminal law cases involving child pornography. Technological innovations tend to move far faster than the law, which means that social media related crimes must currently be prosecuted by outdated standards. The result: the criminalization of teens sending each other scandalous photographs through the web. Should such activities be considered Internet sex crimes?

It is widely recognized that an adult who takes a sexually explicit photograph of a young person should face criminal charges, especially if that image is shared through social media or other tech venues. Most people would agree that the adult had violated a child pornography statute. However, would you say the same about a teenager who takes illicit self-photographs and then sends them to another teen in a private conversation? What about those teens who forward the picture to others without their permission?

Criminal Defense Attorney Kevin Marcilliat Gets Not Guilty Verdict in Wake County DWI Case, Despite .08 BAC


RALEIGH, NC - Kevin Marcilliat, criminal defense attorney with the Roberts Law Group, successfully defended a client charged with Driving While Impaired (DWI) in Wake County, ultimately securing a not guilty verdict after a trial in Wake County District Court.

Mr. Marcilliat's client was charged with DWI by officers from the Wake Forest Police Department after a traffic stop for failure to come to a full and complete stop.

What is the role of a grand jury in federal crimes?

If you have been accused of a federal crime in North Carolina, you may have a lot of questions about the legal process you are about to experience. Prosecution for federal crimes generally gains momentum when a defendant is officially charged. However, this process is somewhat different from that used to address lower-level crimes. Today, we walk you through the process of being formally charged with a federal offense.

Potential felony charges require prosecutors to submit evidence to an impartial group of citizens who are known as a grand jury. The grand jury may call witnesses to testify, and evidence will be presented to support the prosecutor's case. An outline of the case is also provided. The grand jury will vote to determine whether enough evidence exists to charge the individual with the crime. Grand juries can either recommend the case for prosecution or decide not to charge the defendant based on the evidence.

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