Raleigh DWI Defense | Understanding YOUR Case

So, today's Raleigh DWI Attorney Blog focuses on some of the fun questions I get as one of the Raleigh DWI Defense Lawyers in the area. As a practicing attorney, it is common place for people to approach you and ask for my thoughts on their case (or their friend's case, cousin's case, etc.). I also enjoy the hypothetical that comes with the position as well (what if......). Hypothetical questions are always fun because the person asking is usually looking for a professional view on a fictitious scenario and therefore has less at stake. However, for those that approach me about their Raleigh Criminal Charges, Raleigh DWI Charge or Wake County Traffic Ticket, they are very concerned about the outcome and therefore want me to give the best case options they have available to them. Normally, when speaking with the individuals, I have no problem sharing with them my opinion on how the case would be handled and what outcome I believe they could expect. What can become frustrating very quickly is when they questionor starts sharing with me what they have heard from friends and family. All-to-often, their cousin's friend's girlfriend had this exact charge dismissed. Or their Aunt in Wyoming faced something similar and the she got a slap on the wrist. It can be very difficult explaining to someone how those cases can be (or more often then not, are entirely) different from their current case. See, the reality of traffic, DWI, and Criminal Defense is there are so many variables that play into the outcome that any one individual's outcome can be entirely different from the next, even if they are in the same county. It's like asking why your surgery recovery time was different then someone 20 years younger then you who had the same surgery (or worse, had a different surgery). Being an Attorney, like most any other professional, requires an refined understanding of many minute variables which can impact the outcome of any one endeavour. For the practice of law, some of the more obvious are the State and county in which the charges were brought, the laws governing them, the prior criminal record of the Defendant, the District Attorney handling the case and the Judge if there is a trial. What a lot of people don't realize is there are many, many more factors that play into any one case. Who brought the charges, where there problems with the evidence, where there problems with the stop, what about any searches, any witnesses, are the witnesses for the State competent, are the present, etc.? As example, I provide free consultations for people calling about their Raleigh DWI charges, or any other North Carolina Criminal Charges or traffic tickets they received in the Research Triangle Area. The most popular by far are the North Carolina DUI/DWI Charge calls. Whenever I provide the potential client a case evaluation, I always tell them that I am making my best educated guess based on the facts as they have conveyed them to me. However, I won't know anything for sure until I have had an opportunity to speak with the Police Officer and take a look at their notes. I do this because, what the Defendant may remember about that night can be different then what the Officer remembers, and the Officer's Testimony is usually the one I have to work with (because putting a Raleigh DWI Defendant on the stand will lead to cross-examination about them drinking and driving and that hurts our case). In addition to someone else's experience with the same or similar charges, the other part of this is that of what other family or friends are telling the individual how the case should be handled. I always enjoy hearing what people with no prior legal experience are telling these individuals about the lawfulness of the Police Officer's conduct or how the case should proceed to lead to an out-right dismissal of charges. The reality is, you speak with an attorney about your case because they have an extensive education and (hopefully) experience in this area and can properly advice you about your individual case. So, this blog is dedicated to those who want legal advice but are letting what other people tell them influence their expectations. If you are facing charges in North Carolina, or anywhere else for that matter, speak with a local attorney about your case. If you have received charges in the Research Triangle Area, contact the Matheson Law Office today at 919-335-5291 for a free consultation.

What Not to Say in the Courtroom

This morning I was in Criminal Court in Durham, North Carolina and observed something that I have seen many times and decided to write an blog about it. I heard a criminal defendant, represented by a Criminal Defense Attorney speak directly to the Judge when he was addressing counsel. And before that, I observed a young law student who was in court on a misdemeanor larceny first-time offenders program try and talk his way out of having his status in the program revoked and face the original larceny charge. As a Raleigh Criminal Lawyer, Raleigh Traffic Attorney and a Raleigh DWI Attorney practicing in Durham, North Carolina and Raleigh, North Carolina, and formerly an Assistant District Attorney in Harnett County, North Carolina I have seen many Defendants speak up when they shouldn't have. Below, this article will stress why it is important to limit what you say and/or hire an attorney to speak for you.

The first incident that I saw today, where the Defendant spoke directly to the Judge was met immediately by an admonishment by the Judge. The Judge explained that she was represented by a quality Durham Criminal Attorney from the Public Defender's Office and should let her attorney do all the speaking for her. Afterwards, I observed the Public Defender express the same to the Defendant. She explained to the Defendant to not speak in court unless directly spoken to. I know this may sound belittling, and somewhat parent/childish, but it's true. Attorneys go through three years of law school, incur HUGE amounts of student loans, and ultimately face the bar exam to learn the law and learn how to be a lawyer. One of the many skill sets that attorneys learn is what should be said in court and what should not. If you have an attorney representing you in court, whether it's a Criminal Case, DWI Case, or a Traffic Case, let the Attorney do all the speaking for you, unless the agree that it is okay for you to speak up or you are called to testify.

This brings me to my second point. If you are facing a Criminal Charge, DWI Charge, or a Traffic Charge you should always try and find a way to have an attorney at your side to represent you. Whether you request the court to appoint you an attorney, you ask an attorney who is your friend to help, or you hire a private criminal attorney, you need their expertise in making it through the case. Now, I'm not saying that there have not been successful Pro Se Defendants (that is the term used for Defendants who represent themselves). There have been successful cases, as an Assistant District Attorney, I observed a Defendant get a not guilty verdict in an assault case brought by the Defendant's Dad. But, if you are playing the percentages, you have a MUCH greater chance of being successful, and not making a mistake, if you have an attorney at your side. The young man today who was representing himself was saved when a local attorney stepped in and assisted him, for free. See, not all attorneys are blood-suckers!

North Carolina District Court: Calender Call Explained

So, slightly off-topic, but I thought today's blog would do well to explain exactly what 'Calender Call' is as it relates to North Carolina District Courts.  As a Durham Criminal Attorney and Raleigh Criminal Attorney I have seen a lot of confusion in the courtroom from the public when it comes time for calender call.  But, more importantly, when I was an Assistant District Attorney in Harnett County, I saw what a frustrating situation it can be for the DA's when trying to run court.  Let me explain.

In Every courtroom in North Carolina, the DA's have what is called the 'Calender.'  The Calender is a list of every Defendant ordered to be in court that day, along with their charge and some other minor information.  The Calender is what the DA will work off of while running court that day.  In order to expedite the process, the DA's will call out the name of every Defendant at the start of court and ask them to answer up in one of five ways: Guilty, Not Guilty, Motion, Attorney, or Court-Appointed Attorney.  Most DA's do a good job of explaining what each answer means however, after a while, the DA's tend to fly through the explanation, and without a Q & A session, it can sometimes be hard to know how to answer.  Therefore, I will now go through each response and explain what it means.

• 
  Guilty: This basically tells the DA that the Defendant does not wish to fight the charges.  In some cases (probably better then half) the DA will still offer the Defendant a plea deal, since they are pleading guilty.  This is the response that most people are afraid of, because they are scared of admitting guilt before knowing what options they may have.  Though speaking with an attorney before hand will help alleviate these fears, just know that if you do answer up 'Guilty' during Calender Call, you can change your plea, so long as you haven't PLEAD GUILTY before the judge.
• Not Guilty: This informs the DA that the Defendant wishes to fight the charges.  Unless an agreement can be made regarding a plea deal, answering up 'Not Guilty' will mean you wish to have a trial.  If this is your first or possibly second time to court, the changes are the State will continue the case in order to gather evidence.  Once the case is ready to be tried, it will normally not occur until after all the other cases have been disposed of.
• Motion:  This response (or 'Continuance' also works) is informing the DA that the Defendant wishes to continue the case to a later date.  Understand, the court is NOT obligated to grant a continuance every time it is requested.  Normally, the Judge will allow a couple of continuances for each side.  So, if the Defendant has continued their case several times, they may face a situation whereby the Judge will NOT grant the continuance and you will either have to plead Guilty or Not Guilty.
• Attorney:  This response (you may also answer with your Attorney's name, i.e. "Attorney Matheson") informs the DA that you have representation.  This is important because, the DA is not permitted to speak directly with a Defendant who has procured legal representation; whether by hiring an attorney or having one appointed by the court.  Once the DA knows you have an attorney, they will wait until that attorney comes to court in order to handle your case.
• Court-Appointed Attorney:  Lastly, this response is requesting the court appoint you an attorney.  Though this is a good option for some, there are several things that should be understood about requesting a court-appointed attorney.  First, the Defendant will be required to fill out an affidavit covering their financial situation.  This affidavit is used to determine whether you qualify as an indigent (poor) Defendant.  Second, the Judge will make a determination, based off of your affidavit, whether you qualify.  The Judge is NOT obligated to appoint the Defendant an attorney.  If the Judge feels the Defendant has the resources to hire their own attorney, they will deny the request.  Lastly, court-appointed attorneys are not necessarily free.  If the Defendant ends up pleading guilty or is found guilty, they will be required to reimburse the State for that attorney's costs.  

That covers the basics of Calender Call.  Whether you are facing a with a North Carolina DWI charge or a North Carolina Misdemeanor charge this review will apply.  Obviously, you should speak with an attorney about what options you have available to you before going to court for the first time.