Raleigh Criminal Court | Missing Your Court Date

Recently, I was in a North Carolina District Court where I was having a discussion with a Judge regarding those Defendant's who have missed their court dates. As one of the Raleigh DWI Attorneys and Raleigh Criminal Lawyers, I handle this type of matter more then I would like. You see, when a Defendant misses their court date, a North Carolina Criminal Defense">North Carolina Failure to Appear will be marked on the 'shuck' (the envelope which contains the Defendant's paperwork) which carries with a $200 fine. After a few weeks, for most matters (the exceptions being minor traffic matters) an 'Order for Arrest' will be issued at which point the police can arrest the Defendant and bring them before a Magistrate where a bond may be set, which would have to be paid before the Defendant could get out of jail. Additionally, the court will notify the DMV of the Failure to Appear, and after notice is sent out to the Defendant, their license will eventually be revoked. Unfortunately, for clients of mine who have been charged with North Carolina Driving While License Revoked, it was a result of a missed court date and they were unaware that their license had been revoked. If they are convicted of the Driving While License Revoked, their license will be suspended for one-year. So, something as minor as a seatbelt ticket can result in court costs and fines from that ticket, costs and fines from the new Driving While License Revoked ticket, $200 FTA fee, and potentially having your license suspended for a year. As you can see, the judicial system takes very seriously a Defendant's court date. They take it seriously because it would be too detrimental to do otherwise. If they didn't take a hard line requiring the Defendant's attendance, then some individuals would abuse the system. That being said, I feel there could be more consideration taken to those who honestly couldn't make it to court. Though a Raleigh Traffic Ticket, Raleigh DWI Charge or Raleigh Criminal Charges are very serious, it is likely not the only thing in the Defendant's life for which requires their attendance. I believe the court tries to strike a balance by considering Motions for a new court date, but the court seems less receptive to most explanation short of a medical and/or family emergency. "But, what if I can't make it that day?" Well, in many cases, the court doesn't really care. If there are legitimate emergencies which prevent a Defendant from coming to court, then the court may continue the matter, but only with the representation of an Attorney to stand in for the Defendant. Additionally, if a Defendant does miss a court date, they have the option of filing a motion for a new court date, at which point, the Judge may or may not grant that motion. If not granted, the Defendant is left with little option but to turn themselves in. This can be a very serious matter and therefore a Defendant should do everything they can do appear in court and if not, speak with the Raleigh Criminal Defense Lawyers who represents them BEFORE THEIR COURT DATE! Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.

North Carolina Criminal Law | Catching a Break

Well, it's been a bit, but I am back to posting on the Raleigh DWI blog (hopefully a little more often then lately). I wanted to share with those that follow my blog about some sound advice that, for some reason, can sometimes fall on deaf ears.

Though I enjoy my practice as a Raleigh DWI Lawyer and Raleigh Criminal Lawyer, recently I have been attempting to take on more juvenile cases. This interest in helping the youth of our society has been something I have had an interest in since High School. Even back then, I volunteer as a Teach Assistant to a second grade class while I was a Junior in High School. I also volunteered as a 'Big Brother' to a young man in my community who was going through a tough time.

Not too long into my career as an Attorney, I decided that I wanted get back to giving back to our community by volunteering with youth focused programs. I actively participate with the Capital Area Teen Court Program as well as the North Carolina Bar Associations Lunch-with-a-Lawyer program. Through my participation with this program, I realized I could be doing more by trying to focus a part of my practice to representing juveniles and young adults facing their first offense.

Most of my cases stem from North Carolina Marijuana Possession, property crimes, and other minor misdemeanors. I make it a point to discuss with my clients the seriousness of their charges and what it is they could potential face if convicted, including what it will mean for the future.

In most cases, I can normally arrange my client to participate in some form of a first offender's type program which can lead to the charges ultimately being dismissed against them. These potential dismissals should serve as a wake-up call to my young clients as to the 'bullet' they just dodged and I encourage them to stay on the right path (which is also a requirement while they are participating in these programs).

Recently, I had a client who hired me after being charged with Misdemeanor Possession of Marijuana and Misdemeanor Drug Paraphernalia. I had made arrangements for this client to participate in my beloved Teen Court, which would have led to having her charges dismissed. Three weeks after hiring me, I received a frantic call over the weekend. My client was not only arrested with more Marijuana, but the levels were such that she faced two Felonies and another Misdemeanor charge.

Obviously, my client was upset, as was her mother. Though my client now faced some serious consequences which could have serious ramifications on the rest of her future, I was able to get both felonies and the new misdemeanor dropped after discussing the case with the D.A. (there was some issues with the stop).

I guess this blog is just a reminder to those out there who may have caught a break and were able to get a sweetheart deal in criminal court to not mess up again as it is not nearly as easy to avoid new charges once you have gotten out of some before.

Good luck out there!

North Carolina Criminal Court | Why Is This Taking So Long?

This morning, I was sitting in Raleigh District Court on a small matter for one of my clients. As a Raleigh DWI Lawyer and a Raleigh Criminal Attorney this is something I do often, whether for a Raleigh DWI Ticket or a North Carolina Criminal Citation. As I was waiting for my turn to address this issue with the District Attorney, I overheard comments made by the gentlemen seated behind me in the general seating area for the general public. "Five minutes and they have only called up one case." "I've been here for almost an hour and they've only gone through 5 cases." "Why is this taking so long?"

The funny thing about these comments was, in the hour in which I was in court this morning, and these comments were being made continuously, the number of defendants in this same area was cut almost in half, even though the Judge probably only called up 10-15 cases (the calender for today probably had 80-90 names on it). The reality is, while these guys were sitting their complaining about what they thought was inactivity on the part of the court personnel, the reality was A LOT was going on right in front of them. Therefore, I decided today's post would be about what appears to be happening up front at court, and what really is going on.

Let me start by saying, not only have I observed the efforts of the District Attorneys, the Clerk of Courts and the Judges as a Defense Attorney, but also as a former Prosecutor, I know exactly what the District Attorneys are doing and why they are needed some consideration.

First, EVERY case on the calender that day MUST go through the District Attorney. Even if it is a simple continuance or guilty plea, the District Attorney must at least be made aware of what is attempting to be done with that case and either agree to it or put it up in front of the Judge for a ruling. So, when those 80-90 (or many times much, much more) names are read of at the beginning of court during Calender Call, remember that each one of those the District Attorney will have to deal with that day. And before you start complaining about how the State should provide more District Attorneys to move court along faster, I don't know that anyone would agree more then the District Attorneys themselves. Sadly, due to budget constraints and the public's opposition to Tax increases, these are how the court will have to be operated.

Second, though it may appear that the District Attorney isn't doing anything, the reality they are doing A LOT. If they aren't talking to Defendant's who are representing themselves, they are negotiating with the many Criminal Defense Attorneys there, or processing paperwork for the Judge and/or Clerk of Court. Even if the District Attorney is just sitting there looking at his/her computer, chances are they are looking at a Defendant's record to make a decision on how to handle the case.

If you ever look at the demeanor of the Defense Attorneys who are present in court, you'll notice they are not frustrated or mad at how long it's taking for their case to be handled. These attorneys, who do this for a living, know what is going on and try to be as helpful to the D.A. as possible.

So, next time you are in court, try and think about what the court personnel are attempting to do and be as patient as you can be.