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Beyond a Reasonable Doubt
Beyond a reasonable doubt – what does this common phrase really mean? By far, the best criminal defense attorney billboard we have ever seen had the following statement: “Just because
Diminished Capacity Defense in Criminal Trials
Diminished capacity as a defense to criminal charges – There are a lot of misconceptions in regards to criminal law and criminal defense in particular. Most of them stem from
Requisite Criminal Intent for Major Criminal Charges
Some sort of criminal intent (mens rea) is typically required in order to be convicted of a crime. When someone is charged with a crime, it is usually because there
Warrantless Searches and Consent
Consent in criminal cases – STOP FORFEITING YOUR CONSTITUTIONAL RIGHTS AND CONSENTING TO UNREASONABLE SEARCHES AND SEIZURES – You are not required to consent to a warrantless search. Though people
Duress in Criminal Cases
Duress – When someone has been charged with a crime, it can be a scary and stressful thing. Criminal charges often carry an undeserved stigma, when in fact it is
Mistake as a Defense in Criminal Law
Criminal charges can come for a wide variety of activities but as we have previously written, they all come from a voluntary act. We handle criminal law on a day to
PTI in South Carolina
Pre-Trial Intervention (PTI) in South Carolina Criminal Cases South Carolina PTI for criminal charges – When someone has been charged with a crime,there are several ways a criminal case can
Misdemeanors and Felonies
Misdemeanors and Felonies – An Overview – We have all heard the terms misdemeanor and felony when referring to crimes but not much explanation is typically given about what those
Subpoenas in Criminal Matters
Subpoenas in Criminal Matters Subpoenas in criminal cases – In criminal matters in the United States of America, those who are accused of a crime are presumed innocent until proven
Speedy Trial
The right to a speedy trial The right to a speedy trial is something that is often heard on television but is often misunderstood by the general public. For the
DWI Field Sobriety Tests
DWI Field Sobriety Tests DWI field sobriety tests – When someone is pulled over, in order for them to be charged with DWI, typically a law enforcement officer must use
Preparing for a Criminal Case
Preparing for a Criminal Case Preparing for a criminal case – There are many misconceptions about attorneys and the work that they do. We hear these misconceptions all the time.
Drunk and Disruptive/Intoxicated and Disruptive
Drunk and Disruptive/Intoxicated and Disruptive in North Carolina Being drunk and disruptive in public (sometimes referred to as “drunk and disruptive”) is illegal in North Carolina. The crime of intoxicated
90-96 Conditional Discharge
Conditional discharge for first time drug offense in North Carolina Conditional discharge under N.C.G.S. 90-96 for first time drug offenders – A large portion of people who are incarcerated either
DWI in North Carolina – DWI Charge
DWI Charge – Driving While Intoxicated (DWI) In North Carolina DWI charge in North Carolina – Getting charged with a misdemeanor is bad enough, but in North Carolina, DWIs are
What is going to happen on my court date for my criminal case?
What is going to happen on my court date for my criminal case? We receive phone calls every day from both current clients and potential clients wondering what exactly is
Unlawful Neglect of a Child in South Carolina
Unlawful Neglect of a Child in South Carolina Unlawful neglect of a child in South Carolina – Usually, crimes involve intentional, purposeful acts. However, there are also crimes that involve
Communicating Threats in North Carolina
Communicating Threats in North Carolin Communicating threats in North Carolina – Be careful what you say to people. This is pretty good advice in general, and especially good advice when
False Imprisonment in North Carolina
False Imprisonment in North Carolina The following blog entry explores the criminal charge of false imprisonment in North Carolina. At Gilles Law we encounter clients with a wide variety or
Mandatory Minimums in Criminal Cases
Mandatory Minimums in Criminal Cases Often, people charged with a crime are willing to accept certain consequences, but one of the biggest points of concern is the amount of jail
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