The post What Are Your Rights When You Are Suspected of a Crime in North Carolina? appeared first on Marcilliat & Mills PLLC.
]]>Our Wake County criminal defense lawyers recommend that anyone who is being investigated for their involvement in a crime, or who is being questioned by the police, consider themselves a suspect. This means they should be very careful about what they do next.
No matter where you live or work in North Carolina, or the crime in question, you have rights that are protected by the U.S. Constitution. We are here to help you protect them.
Everyone needs to understand — whether they are innocent and feel they have nothing to hide or not — if you are being investigated for a crime or are being questioned by the police, you could be charged with a crime you did not commit.
This typically happens when the police twist the accused’s words or interrogate them for hours on end until they are so confused about what is happening, they confess to something they did not do. While this may seem unlikely, the reality is, it happens all the time.
Instead, follow these steps to ensure your rights are protected:
The 4th Amendment to the U.S. Constitution protects you and your property from unreasonable searches and seizes. Unless the police have a search warrant, you have a right to refuse a search of your home, car, other property, or you.
If you are not under arrest and have not been given your Miranda Rights under the 5th Amendment to the U.S. Constitution, you have the right to leave the interview — and you absolutely should. Keep in mind, it is okay to ask, “Am I under arrest?” If the answer is no, leave and immediately contact our skilled Raleigh criminal defense attorneys to ensure you do not end up back in the interrogation room without a lawyer by your side.
You have a right to remain silent and not incriminate yourself under the 5th Amendment. This is one of your most important rights and one you should fully invoke. Do not let investigators tempt you to defend yourself by making a statement. Do not say a word.
Under the 6th Amendment to the U.S. Constitution, you have a right to an attorney. Immediately upon invoking your right to remain silent, contact our experienced criminal defense lawyers in Raleigh right away. Do not let the police manipulate you by saying, “only guilty people ask for an attorney.” Nothing is further from the truth. Intelligent people ask for their attorneys.
Contact our skilled criminal defense attorneys in Raleigh at the Marcilliat & Mills PLLC today by calling (919) 838-6643 or contact us online to schedule a free consultation to learn how we can empower you to take a stand and pursue the best outcome for your unique legal circumstances.
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]]>The post What are the Key Differences Between Murder and Manslaughter in North Carolina? appeared first on Marcilliat & Mills PLLC.
]]>Depending on the charges, and the individual’s criminal history, our clients are facing life-changing prison sentences — or in some cases, lifetime prison sentences.
Our Wake County criminal defense attorneys have over 80 combined years of experience producing real results for clients who are being charged with some of the most serious crimes our state has on record.
We understand you have one chance to get this right. Let us help put our legal experience, skills, and resources to work for you.
The state of North Carolina defines murder as the intentional killing of a human being.
The charge requires the act to be unlawfully committed:
There are multiple types of murder charges in North Carolina, including:
First-degree murder is a premeditated killing, which means that it involved planning, and was done deliberately or was the result of felony murder. First-degree murder is a Class A felony punishable by life in prison with no parole or death by lethal injection.
Second-degree murder does not involve premeditation but requires a reckless disregard for another person’s life. Second-degree murder is a Class B1 felony with a prison sentence of 192 months to life in prison or a Class B2 felony with a minimum sentence of 125 months in prison.
Felony murder is first-degree murder where a person is killed during the commission of a felony crime, which may include arson, robbery, burglary, kidnapping, rape, and other sex crimes. Felony murder is a Class A felony punishable by life in prison with no parole or death by lethal injection.
In North Carolina, the key difference between murder and manslaughter is that the latter is not committed with malicious intent.
There are multiple types of manslaughter charges in North Carolina, including:
Voluntary manslaughter is the killing of a person with intent in circumstances where a reasonable person would become emotionally or mentally disturbed. This may include taking someone’s life in the heat of passion or an imperfect self-defense scenario. Voluntary manslaughter is a Class D felony with a minimum sentence of 51 months in prison.
Involuntary Manslaughter is an unintentional murder committed without intent and not in the heat of passion, which may include circumstances where the accused was criminally negligent, engaged in reckless conduct, or while committing a non-felony crime when the loss of life occurred. Involuntary manslaughter is a Class F felony with a 13-month minimum prison sentence.
Vehicular manslaughter is the loss of life with a vehicle through negligent or reckless actions, which may include driving while impaired. Vehicular manslaughter is a Class F felony with a 13-month minimum prison sentence.
As with most crimes in North Carolina, if there were aggravating factors that led to the loss of someone’s life, the penalties will increase significantly. Conversely, if there were mitigating factors, the severity of the penalties may decrease.
To understand exactly what your murder or manslaughter charges mean to your future, contact our skilled criminal defense attorneys in Raleigh at the Marcilliat & Mills PLLC today by calling (919) 838-6643 or contact us online to schedule a free consultation to learn how we help you fight these life-changing charges and pursue the best outcome for your unique legal circumstances.
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]]>The post How Do North Carolina Criminal Courts Establish Bail Bond Amounts? appeared first on Marcilliat & Mills PLLC.
]]>As one of the first orders of business, our skilled defense attorneys will ask the judge to set bail for our clients, which is money the defendant posts to get out of jail until the case is heard, so they can go home to their families instead of remaining behind bars.
To determine whether our clients can be released while their case is pending trial, the judge will review a variety of factors to determine the amount of bond to set, which is a sum of money the court holds until the case is complete. Generally, bond is about 10% to 15% of the total bail amount that will be returned to the defendant — or the individual who posts it — once the case is complete.
Bail bonds are an incentive for a defendant to attend court appearances or else lose the money they paid.
The amount of bond is usually in direct relation to whether the person could be dangerous to the community if let out of jail.
When the judge determines the amount, he or she will evaluate the seriousness of the crime and the defendant’s prior convictions, among other details that will sway the decision to create a higher or lower amount.
The different types of bonds in North Carolina include:
When a defendant is released on their own recognizance, no bail bond money is required. Instead, he or she must promise in writing to return to attend the necessary court proceedings.
OR is commonly used for situations that involve minor offenses where the defendant has no criminal background.
When a defendant is released on an unsecured bond, no immediate payment is required. Instead, he or she must agree to pay a bond if they fail to appear at their designated hearings.
The bond amount is set, and the defendant signs a promise to pay if they do not return.
When a defendant is released on a secured bond, payment must be made before the defendant is released from jail. The payment amount is typically a portion of the entire bond that was set by the judge and can be secured with money or with assets by working with a bail bonds person.
When a defendant is released on a cash bond, he or she must post the entire amount of the bond in cash before being released.
Cash bonds, also called C bonds, are typically reserved for the worst and most serious crimes in situations where the release of the defendant could be dangerous.
While out on bond, all defendants must abide by all the conditions of pretrial release set forth by the court during this time. If you fail to show up for your court date or if you do not abide by the requirements, you will forfeit the bond money that was paid and return to jail until the case is resolved.
Contact our skilled Raleigh criminal defense lawyers at the Marcilliat & Mills PLLC today by calling (919) 838-6643 or contact us online to schedule a free consultation to learn how we can empower you to take a stand and pursue real results for your unique legal circumstances.
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]]>The post How Should I Respond to a North Carolina Medicaid Fraud Investigation? appeared first on Marcilliat & Mills PLLC.
]]>Our Wake County Medicaid fraud lawyers know that by the time healthcare professionals receive a letter from an investigator requesting documents or an interview, they have already gathered the evidence they need to believe they have engaged in fraudulent behavior.
Anything you say at this point can and will be used against you.
You have the right to consult with an experienced Medicaid fraud defense lawyer before answering any questions. You also have the right to bring an attorney with you to any interviews or meetings with a Medicaid fraud investigator.
We can help you understand the depth of the investigation, and protect your rights from the start, so you do not say or do anything that will incriminate you or jeopardize your practice.
Here is what Medicaid healthcare providers need to know about their rights, the investigation process, and how we can help.
The North Carolina State Bureau of Investigation and the Medicaid Criminal Investigation Unit investigate fraud committed by Medicaid healthcare providers throughout the state.
A Medicaid provider is defined as any individual, corporation, or another entity, and their officers and employees, paid by Medicaid for providing a health care service.
Medicaid provider fraud cases are led by highly specialized law enforcement teams that investigate embezzlement, theft, violations of federal sanctions, and the improper commingling of patients’ funds in Medicaid-funded facilities.
The Medicaid Criminal Investigations Unit works with North Carolina Department of Justice attorneys, investigators, and auditors, all of whom are trained in the complexities of healthcare fraud investigations and litigation. The unit also works closely with United States attorneys, district attorneys, federal and state law enforcement agencies, and private insurance company fraud units.
State and federal investigations and audits involving provider billing can result in the provider appearing in an Office of Administrative Hearing, career-ending criminal charges, or civil liabilities.
You have the right to discuss your investigation with an attorney before responding to a request for information from law enforcement or Medicaid fraud investigators. Our Marcilliat & Mills PLLC Medicaid defense lawyers can help you develop a strategic legal defense, so you can make informed decisions about the direction of your case.
Medicaid fraud can take many different forms in North Carolina.
Examples of fraud amongst healthcare providers may include, but are not limited to:
If you receive a record request from a Medicaid investigator, it may be that you are a target of an investigation, or your records are needed for other evidentiary reasons. Depending on the nature of the investigation, this may include Medicaid and non-Medicaid patient charts or business records that include provider and patient schedules and billing records.
It is illegal to hinder a criminal investigation, which means you must cooperate with a subpoena for your records, if law enforcement presents one. Then, you should immediately contact our Medicaid fraud defense attorneys in Raleigh to understand your rights and obligations, as well as any criminal and civil liabilities that you or your practice might face.
Contact our skilled Medicaid criminal defense attorneys in Raleigh at the Marcilliat & Mills PLLC today by calling (919) 838-6643 or contact us online to schedule a free consultation to learn how we can empower you to take a stand and pursue the best outcome for your unique legal circumstances.
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]]>The post How Drug Users Can Be Charged as Drug Traffickers in North Carolina? appeared first on Marcilliat & Mills PLLC.
]]>Unfortunately, many people are unnecessarily facing drug trafficking charges due to an addiction problem that turns their personal use into a high-level felony.
North Carolina drug laws state that a person commits a drug trafficking offense when he or she knowingly either manufactures, sells, delivers, transports, or possess, or conspires to manufacture, sell, deliver, transport, or possess a controlled substance.
While the quantity of the controlled substance is often what dictates how the person is charged, drug users are typically the individuals who are arrested at the ground level of an operation.
When the controlled substance is heroin, cocaine, or methamphetamines that is found in their possession, and it meets the necessary weight to increase to a trafficking charge, their futures are in danger.
North Carolina drug trafficking charges impact the legal solutions required to resolve your case.
To reach the legal threshold of drug trafficking charges, an individual must possess a controlled substance at a minimum of:
Even if you are a drug user who has found him or herself caught in life-changing circumstances that involve trafficking charges, you will be disqualified from a drug diversion or intervention program that may have been available for a possession charge.
From here, your arrest, charges, and the prosecution’s case are going to place your future and your freedom in jeopardy.
We can help.
At Marcilliat & Mills PLLC, we have helped clients minimize or eliminate penalties for all types of drug charges, including drug trafficking and federal drug charges.
If you have been charged with a drug crime in North Carolina that was the result of an ongoing drug addiction, the prosecutor’s office may take this opportunity to make an example out of your case. Do not let them.
Contact our skilled criminal defense attorneys in Raleigh at the Marcilliat & Mills PLLC today by calling (919) 838-6643 or contact us online to schedule a free consultation to learn how we can empower you to take a stand and pursue the best outcome for your unique legal circumstances.
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]]>The post Is Congress Eliminating the Federal Crack and Powder Cocaine Sentencing Disparity? appeared first on Marcilliat & Mills PLLC.
]]>The Act led to the undeniably disproportionate incarceration of Black people throughout the country, leading to significant and well-deserved backlash from civil rights groups and legal advocates nationwide.
Two years later, the 2010 Fair Sentencing Act was passed to lower the disparity to 18-to-1 and eliminate the five-year mandatory minimum prison term for first-time possession of crack cocaine.
Nearly a decade later, the 2018 First Step Act made the Fair Sentencing Act retroactive to help reduce the size of the federal prison population.
Now, Congress is on the verge of eliminating the federal sentencing disparity between crack and powder cocaine crimes altogether through the EQUAL Act.
Here is what North Carolina residents need to know about the EQUAL Act and how it impacts those who are currently serving a federal prison sentence for crack cocaine offenses and those who are facing similar pending charges.
This EQUAL — Eliminating a Quantifiably Unjust Application of the Law — Act will eliminate the federal sentencing disparity between drug offenses involving crack cocaine and powder cocaine.
Currently, different threshold quantities of crack cocaine (28 grams) and powder cocaine (500 grams) trigger the same statutory criminal penalties.
This bill eliminates the lower quantity thresholds for crack cocaine offenses, which means the same threshold quantities of crack cocaine and powder cocaine trigger the same statutory criminal penalties.
The change applies to future cases and cases pending on the date of enactment.
Concerning past cases, the bill authorizes a sentencing court to impose a reduced sentence on a defendant who was convicted or sentenced for a specified crack cocaine offense before this bill’s enactment.
Senate Majority Leader Chuck Schumer met with advocates and formerly incarcerated leaders this week where he described the legislation as “a priority.” Although Senator Schumer did not provide a timeline for its finalization, he stated he planned to bring the legislation to the floor to turn the bill into law.
The House passed the bill last September, with significant Republican support, and President Biden has signaled would sign it into law, should it reach his desk.
If you have been charged with a drug crime in North Carolina, contact our skilled criminal defense attorneys in North Carolina at the Marcilliat & Mills PLLC today by calling (919) 838-6643 or contact us online to schedule a free consultation to learn how we can empower you to take a stand and pursue the best outcome for your unique legal circumstances.
The EQUAL Act may entitle you to an early release, or a lesser sentence for a crack cocaine conviction. Call us now to learn more.
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]]>The post Will I Go to Jail for Weapons Charges in North Carolina? appeared first on Marcilliat & Mills PLLC.
]]>Our Wake County defense lawyers also know that simply because that right is guaranteed, both state and federal laws regulate the ways Americans purchase, possess, sell, and distribute firearms.
Since nearly all weapons charges are classified as felonies in North Carolina, violating the gun laws here can carry the severe penalty of a minimum jail sentence of 15 years to life.
If you have been charged with violating North Carolina gun laws, contact our leading criminal defense lawyers in Raleigh today to learn more about how our law firm produces real results for our clients.
Our North Carolina gun laws require that non-citizens, minors, convicted felons, individuals who were convicted of a domestic violence crime or are the subject of a restraining order, or who lack the capacity to stand trial in a criminal court are bound by significant gun possession restrictions.
North Carolina residents who do not fall into the restricted categories, and are responsible gun owners, may still face unlawful possession charges simply for not knowing the law. That can include charges for:
North Carolina residents with a properly concealed carry license may legally carry a concealed firearm or other weapons. However, the act of carrying a concealed weapon without the proper permit is a Class 2 misdemeanor and can result in 30-60 days in jail if convicted.
Even with the proper permit, it is not legal to carry a gun just anywhere in North Carolina. For instance, carrying a gun in a place where alcoholic beverages are sold and consumed is a Class 1 misdemeanor.
Possessing a firearm in a school zone is a Class I felony and can result in significant jail time if convicted.
In North Carolina, depending on the circumstances, unlawfully discharging a firearm can result in Class D, E, or F felony conviction.
An unlawful discharge of a firearm charge applies when the individual attempts to discharge or discharges a gun:
If you have been charged with a felony for weapons possession or use in North Carolina, our Raleigh criminal defense attorneys can help you pursue the best outcome for your unique legal circumstances.
Assault with a deadly weapon occurs when the defendant assaults another person with a deadly weapon with the intent to kill.
Assault with a deadly weapon is one of the most serious gun-related criminal charges in North Carolina and can be classified as Class C or Class D felonies that are accompanied by potential jail time ranging from 38 to 231 months.
Prosecutors will often seek the most severe consequences for weapons charges in North Carolina, so it is important that you do not make a statement to the police or the prosecutor before or after your arrest.
You have the right to remain silent and the right to consult with an attorney. To ensure your rights are protected, invoke your rights, and contact our leading Raleigh criminal defense attorneys today for help.
If you have been charged with a gun crime in North Carolina, contact our skilled criminal defense attorneys in North Carolina at the Marcilliat & Mills PLLC today by calling (919) 838-6643 or contact us online to schedule a free consultation to learn how we can empower you to take a stand and pursue the best outcome for your unique legal circumstances.
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]]>The post How a North Carolina Sex Crime Conviction Can Affect Your Future appeared first on Marcilliat & Mills PLLC.
]]>In North Carolina, being convicted of a sex crime has multiple layers of ongoing penalties, including those that impact you personally, professionally, and financially for a lifetime.
Even if you have not been convicted of a sex crime, our Wake County criminal defense attorneys know that your reputation can be damaged by the mere allegation.
That is why we are here — fighting to preserve your reputation, freedom, and future.
Because without the help of our team of skilled Raleigh sex crimes attorneys — each with a lengthy resume of proven success in these complex cases — everything is at stake.
It should come as no surprise that a sex crime allegation or arrest hits home first.
While it is true that you are innocent until proven guilty in a court of law, the court of public opinion sees things differently. Especially when you have been accused of a sex crime.
If someone accuses you of a sex crime, or if you are arrested because of an unproven allegation, your friends and family members may abandon you rather quickly. Even if you maintain close relationships with a few who believe you did not do anything wrong, the bias, prejudice, and intolerance will be clear from every angle before you even see the inside of a courtroom.
If you are convicted of the charges and must register as a sex offender, friends, family, and your community may view you as a threat upon your release or, at the very least, an outcast.
Keep in mind your sex crime conviction may also prevent you from working with children in any capacity — even a personal one.
No more coaching little league or chaperoning field trips.
And when it comes to your own children — if you have them — your former spouse or partner can use your sex registration requirement as a reason to deny you custody of your children stating that you may be a danger to them.
Unfortunately, the consequences are far-reaching and may impact your overall standing in the community, as well.
Once you are on the sex crime registry in North Carolina, anyone can find you. Your information becomes public, including the crime you were convicted of, your picture, your contact information, and where you live, making privacy nonexistent.
Absolutely.
Many employers run background checks and review a candidate’s criminal history before offering them a position.
If you are convicted of a sex crime, your private information becomes public when you are on the sex offender registry.
If a potential employer sees you were convicted of a sex crime or have a felony conviction of any kind, your ability to find work may become limited.
When you cannot work, you cannot make any money, which means you may not be able to afford to live on your own.
Even if you find affordable housing, property owners also run background checks and may refuse to rent to a registered sex offender.
If you believe that is against the law, you are wrong.
Fair housing laws, including those in North Carolina, were put into place to prevent discrimination against protected characteristics, including race, national origin, religion, gender, familial status, and disability.
They do not protect against those with a criminal background or sex offenses.
If the sex crime conviction involved a minor, you cannot live within a specific radius of schools, playgrounds, parks, or other locations where children are, which may significantly limit your housing options.
If you have been accused of a sex crime in North Carolina, your reputation, freedom, and future are at stake. This is the life we are talking about. Do not leave it to chance.
Contact our skilled sex crimes defense attorneys in Raleigh at the Marcilliat & Mills PLLC today by calling (919) 838-6643 or contact us online to schedule a free consultation to learn how we can empower you to take a stand and pursue real results for your unique legal circumstances.
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]]>The post What is the Chain of Custody & Why Does It Matter During My North Carolina Criminal Case? appeared first on Marcilliat & Mills PLLC.
]]>During our review of all potential evidence, we are fully aware that it may have traveled through multiple hands and offices before landing on the prosecutor’s desk.
The process by which the evidence is preserved, analyzed, or managed, is called the chain of custody.
It begins when officers seize the evidence and continue throughout your case until it reaches the courtroom.
When that evidence is mishandled, whether purposely, inadvertently, or because of the lack of protection, it may be considered a break in the link of the chain of custody.
These breaks violate our clients’ right to receive a fair trial, which could require the evidence to be suppressed, so it is no longer a factor in their case. This often leads to reduced charges or an outright dismissal of charges, which may mean an automatic win for our clients.
Here is what our North Carolina criminal defense attorneys want our North Carolina residents to know about the importance of preserving the chain of custody or chain of evidence.
The chain of custody refers to the continuous possession of evidence from the time it is discovered, recovered, transported for examination, and presented for admittance in the case.
Whether the item is a firearm, drugs, fingerprints, or DNA, it cannot be altered in any way before making it into the courtroom.
If the exhibitor’s piece of evidence — has been modified, tarnished, or disturbed in any way, there may be grounds to contest its admissibility.
When the evidence is not admissible, and the prosecutor’s office has no more proof a crime was committed, it may have to dismiss the charges completely.
If you were charged with a crime where you believe the evidence was improperly obtained, labeled, transported, or submitted for inclusion in your case, contact our skilled criminal defense lawyers in Raleigh today to learn how we can help.
Contact our skilled criminal defense attorneys in Raleigh at the Marcilliat & Mills PLLC today by calling (919) 838-6643 or contact us online to schedule a free consultation to learn how we can empower you to take a stand and pursue real results for your unique legal circumstances.
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]]>The post What are the Different Types of Cybercrimes in North Carolina? appeared first on Marcilliat & Mills PLLC.
]]>In short, the report identifies nearly 792,000 suspected internet crime complaints submitted throughout the U.S. — up by 300,000 complaints from the previous year — with reported financial losses of over $4.2 billion.
The top three crimes reported by internet or cybercrime victims in 2020 were phishing scams, non-payment/non-delivery scams, and extortion.
According to the FBI, victims across the U.S. lost the most money to business email compromise scams, romance and confidence schemes, and investment fraud.
At Marcilliat & Mills PLLC, our experienced Raleigh criminal defense attorneys know that when the use of a computer comes into play, federal charges can easily follow — even when our North Carolina clients had no idea of the extent of their communications or which laws they were breaking.
Here is what our Wake County criminal defense attorneys want you to know about the different types of online crimes.
Any online scam that makes false promises may be considered fraud, but they are not the only types of crime that can be accomplished over the internet.
Common types of cybercrimes include:
One of the most common types of cybercrimes is called phishing. This type of fraud is intended to obtain personal information from the recipient and is often disguised as an email or text message from a financial institution requesting sensitive information.
Once it is revealed, the person or people perpetrating the scam can gain access to bank accounts or other important details that can lead to identity theft.
Phishing can also be used to send an email containing a malicious file or link which deploys malware or a virus when clicked by a recipient.
Illegally downloading or reproducing music, movies, games, or other online content without paying for it is called piracy and is a federal offense.
Online harassment can occur in multiple ways, including directly or indirectly.
Direct harassment includes threats, bullying, or intimidating messages sent directly to the victim via e-mail, direct messages, instant messages, social media, or another Internet communication platform.
Indirect harassment includes subscribing victims to unwanted online services, spreading rumors about the victim in various Internet forums, or sending messages to others in the victim’s name.
Online harassment becomes cyberstalking when repeated unwanted communications persist over time, causing the victim chronic anxiety, the loss of quality of life, or fear for their personal safety and security.
The most common type of online sex crime is child pornography.
Other online sex crimes can include sexual exploitation of a child, solicitation of a minor, procurement of a child for sexual exploitation, and internet sexual exploitation of a child.
Modern technology is complicated, and the laws that dictate jurisdiction in cybercrimes cases can be even more complex.
If you have been charged with an online crime, whether it pertains to fraud or sex crimes, contact our skilled criminal defense lawyers in Raleigh who fully understand cybercrimes and technology to ensure an effective strategy is outlined for your unique circumstances.
This is the future we are talking about. Do not leave it to chance.
Contact our skilled criminal defense attorneys in North Carolina at the Marcilliat & Mills PLLC today by calling (919) 838-6643 or contact us online to schedule a free consultation to learn how we can empower you to take a stand and pursue real results for your unique legal circumstances.
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