DISMISSALS
State v. J.A. – First Degree Rape
RELEASED: SEPTEMBER 1, 2011
RALEIGH, NC – While handling a recent criminal jury trial, attorney Patrick Roberts of the Roberts Marcilliat & Mills PLLC defended a client who was facing 22 felony sex offense charges. Following Mr. Robert’s argument, the jury found the man not guilty of the 12 Statutory Sex Offense charges, and the judge sentenced him to a little over four years in prison followed by probation.
In this case, a stepfather was accused by his 15-year-old stepdaughter of more than five years of sexual abuse. She alleged that the sexual assault, oral sex and other sexual acts by her stepfather began when she was just 10 years old.
Based on the child’s allegations, the North Carolina man was charged with 27 separate sex offense charges, including Statutory Sex Offenses. Before the start of the trial, five of the charges were voluntarily dismissed by the Assistant District Attorney. If convicted on all of the Statutory Sex Offense charges, the man could have been sentenced to nearly 30 years in prison for each charge. Thanks to the aggressive efforts of experienced North Carolina criminal defense attorney Patrick Roberts, the man was found guilty of only eight counts of Indecent Liberties with A Child.
According to Mr. Roberts, the key in defending against the large number of felony sex offenses was relying on techniques learned while attending the Trial Lawyers College. While at the College, Mr. Roberts learned how to handle complex trials, how to effectively convey information to a jury and how to undermine the credibility of key witnesses, including law enforcement officers and sexual assault accusers.
At trial, Mr. Roberts argued that the witness stepdaughter was not reliable in this case. He argued that if she had, indeed, endured more than five years of sexual assault and statutory rape, it is highly unlikely that she would have waited so long to report the incidents. He further argued that there was no physical evidence to support the state’s position. Mr. Roberts also presented information about his client to show how unlikely it would have been for him to commit the various crimes that he had been charged with, especially those that involved allegations of oral sex or sexual penetration.
The jury believed in Mr. Roberts‘ client and agreed with his testimony about the alleged sex crimes, finding the client not guilty on more than half of the charges he faced. Although the man was found guilty of eight counts of Indecent Liberties with A Child, the judge did not believe that a lengthy prison sentence was warranted. Mr. Roberts took the time and the effort to thoroughly prepare his client for trial and the result was a strong outcome on behalf of his client.
Hiring a knowledgeable North Carolina criminal defense lawyer is important if you are facing serious charges. Relying on a criminal attorney’s experience and skill can be the difference between life in prison or a few short years of probation.
DISCLAIMER: The cases, facts and outcomes 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 result because prior results do not guarantee a similar outcome.
For more information about the Roberts Marcilliat & Mills PLLC, see the criminal defense website and criminal defense blog. Patrick Roberts handles accusations of sex crime charges, DWI charges and abuse charges, among other criminal charges in Raleigh. To contact criminal lawyer Patrick Roberts please contact the law firm or call 919-838-6643 for a free consultation. Roberts Marcilliat & Mills PLLC can also be followed on Facebook at facebook.com/nc.criminal.defense.
North Carolina v. J.S.
Accusation: Indecent Exposure
Potentially Facing: 30 days in Jail
Result: Case Dismissed
Roberts 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.
State v. J.A. – First Degree Rape
State v. B.S. – First Degree Murder
State v. E.D. – Identity Theft
State v. J.A. – First Degree Rape
Each case is different and must be evaluated on its individual facts. We work hard to assess each case individually. Prior results do not guarantee any future outcome.
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