RELEASED: Jan. 10, 2011

RALEIGH, NC – When Raleigh criminal lawyer Patrick Roberts quickly investigated the circumstances surrounding a forcible rape allegation, he was able to show law enforcement officers and the prosecuting Assistant District Attorney that the facts did not warrant criminal charges. Mr. Roberts‘ clients were able to get on with their lives and avoid the stigma that accompanies a sex crimes allegation, thanks to his aggressive and knowledgeable defense work.

In two separate incidents, Mr. Roberts, an attorney with Roberts Marcilliat & Mills PLLC PLLC in Raleigh, North Carolina, gathered information after a rape allegation that showed that his clients were innocent of a serious criminal accusation of forcible rape.

After a man and woman met at a party and engaged in what the man characterized as consensual sex, the man found himself being accused of forcible rape, which carries a mandatory prison sentence if convicted. The woman alleged that the man got her drunk at the party and then took advantage of her.

Mr. Roberts became involved in the case very early on and was able to collect information that showed that the woman’s actions after the alleged rape were drastically inconsistent with actions of a true rape victim. Mr. Roberts interviewed potential witnesses, gathered information about the accuser (which included an extensive review of the woman’s Facebook account) and had the accused submit to a voluntary polygraph test to show that he did not rape the woman, but instead engaged in consensual sex. The District Attorney’s office evaluated the information provided by Mr. Roberts and decided not to file charges despite the woman’s rape allegation.

In a separate incident, a teen accused her on-again, off-again boyfriend of raping her after they had broken up. By using the same type of evidence in the example above, Mr. Roberts was able to demonstrate that the victim’s actions after the alleged rape did not reflect typical actions of someone who been victimized. Once again, the District Attorney’s office opted not to file charges.

The biggest lesson from both of these stories, Mr. Roberts said, is that it is critical to get an attorney involved as early in the investigation as possible. While some people who are accused think that getting a Raleigh criminal lawyer involved immediately will demonstrate guilt, a skilled criminal lawyer will be able to take action to protect their rights from the start.

“At the Roberts Marcilliat & Mills PLLC, we understand what prosecutors look for in cases like this and we are able to provide information to the prosecutors early on so that they may be inclined not to authorize the charges in the first place,” Mr. Roberts said. Criminal attorney Roberts is a former prosecutor and has significant experience defending against complicated sex crimes charges, and allegations.

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 results because prior results do not guarantee a similar outcome.

For more information about the Roberts Marcilliat & Mills PLLC, see his criminal defense website and criminal defense blogPatrick Roberts is a skilled criminal attorney who defends against sex crime charges, DWI charges and abuse charges, among others in Wake County and throughout North Carolina. 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.
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.