FELONY WORTHLESS CHECK CHARGES REDUCED TO TWO MISDEMEANOR OFFENSES IN WAKE COUNTY

RELEASED: SEPTEMBER 21, 2011

RALEIGH, NC – When a man fell on difficult financial times and couldn’t pay his bills due to a lagging construction industry, his creditors turned to the criminal justice system in an effort to force him to repay his debts. That’s when the man hired North Carolina attorneys of Marcilliat & Mills PLLC to help him fight the felony worthless check charges.

Creditors in North Carolina during the Great Recession could have sued in civil court to seek payment on debt. Instead, many turned to the criminal justice system, ensnaring hardworking individuals with criminal worthless check charges.

The goal for the creditors of Mr. Roberts‘ client was to get him to pay his $15,000 debt. Mr. Roberts argued that his client should not be convicted of these serious felony charges because that outcome would harm his future. Felony convictions often lead to stiffer penalties such as jail time, and employers and colleges look unfavorably on a felony conviction.

The assigned Wake County Assistant District Attorney agreed to reduce the felony worthless check charges to two misdemeanor worthless check charges based on the strong criminal defense arguments by Mr. Roberts. Mr. Roberts‘ client also agreed to probation, which allowed him to go on with his life despite the financial challenges he had endured.

The key to this case, according to Mr. Roberts, was understanding the situation that led up to the man’s criminal charges. Once Mr. Roberts learned that the man was like many other Americans who struggled financially during the Great Recession, he was able to demonstrate that the man ran out of money when he wrote some checks. He wasn’t intentionally trying to defraud his creditors. It’s critical for criminal defense attorneys to spend time getting to know their clients and the facts that surround criminal charges.

DISCLAIMER: The case, facts and outcome discussed in this press release are illustrative of the matters handled by the firm. Actual case results depend on a variety of factors unique to each case. Not all of the firm’s case results are included on this site. The outcome of a particular case cannot be predicated upon a lawyer’s or law firm’s past results because prior results do not guarantee a similar outcome.


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North Carolina v. J.S.
Accusation: 
Indecent Exposure
Potentially Facing: 30 days in Jail
Result: Case Dismissed

Marcilliat & Mills PLLC acted quickly, meeting with the DA’s office to mitigate on behalf of their client, who had no prior criminal history. The Defendant had cooperated fully with the officer. At defense counsel’s prompting, the ADA spoke with his Law Enforcement Officers and determined that Defendant had been through enough already. Dismissed on the first court date.