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North Carolina Criminal Defense Attorneys

North Carolina Criminal Defense Law Blog

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

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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.

Jury convicts Charlotte man of federal crimes for sex trafficking

A North Carolina man has been convicted of several sex crimes by a federal jury in Charlotte. The man, age 31, was accused of federal crimes including sex trafficking and pimping, according to official sources. The federal jury debated for just about two hours before convicting the man. He was found guilty on counts of kidnapping, producing child pornography, witness tampering and promoting prostitution.

Authorities say that the defendant had been operating a large sex trafficking ring in Charlotte for about three years when he was arrested in November 2013. The man as accused of using websites to recruit local girls -- some as young as 16 -- to his sex-for-pay scheme. He allegedly promised the girls that they would be included in a family and enjoy a generally better life.

Man in North Carolina faces four charges for sex crimes

A 23-year-old man recently went before the Catawba County Criminal Superior Court in North Carolina, facing accusations that he had committed numerous sex crimes. As a result, it was determined that he should spend 26 months in jail. This is not the man's first experience with sex crimes that involve minors.

In fact, the man had already been convicted for crimes that took place in Missouri, back in 2009. At that time, his conviction indicated that he was guilty of sexual misconduct, a felony charge, that involved a minor who was under the age of 15.

North Carolina's DWI laws notoriously tough

Did you know that North Carolina has some of the toughest drunk driving laws in the nation? That's right, even before a 1999 legal crackdown on DWI, this state has had a reputation for being tough on crime when it comes to intoxicated drivers. With a comprehensive system that includes the use of ignition interlocks and strict penalties -- including jail time -- it is important that drivers learn about the details of the drunk driving allegations they are facing in North Carolina.

In this state, there are five levels of offenses for drunk driving violations. The lowest, Level V (or Level 5), comes along with a $200 fine and a minimum 24-hour jail sentence. Judges can suspend the sentence, but the convicted driver may have to complete several hours of community service and refrain from driving for the next month.

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