Goolsby Law Firm, PLLC

Your Right to Remain Silent

admin — Thu, 15 Jan 2009 00:38:27 +0000

When you are arrested, you have the right to remain silent. Anything you say can be used against you in court. Even if you choose to answer questions, you can stop answering them at any time and the police must stop asking them.

You have the right to speak to an attorney before questioning and to have an attorney present during questioning. If you cannot afford a lawyer, one can be appointed without cost to you before questioning. The police must advise you of these rights before questioning you.

These are your rights under the United States Constitution. Men and women have fought and died so you would have these rights. You should not be afraid to use them.

Searches

admin — Thu, 15 Jan 2009 00:38:05 +0000

Police may conduct a search of your person and immediate surroundings when they arrest you. When you are placed in custody, police may search your clothing and your car, if you were in the vehicle when stopped. They may seize evidence or contraband such as illegal drugs. This search and seizure may lead to additional charges against you.

Bail

admin — Thu, 15 Jan 2009 00:37:39 +0000

When an officer takes you before a judicial official, the official will set bail or the conditions of your release before trial. You have the right to have bail or conditions of release set. The exception to this rule is when you are charged with an offense punishable by the death penalty.

The judicial official, usually a magistrate, may decide you can be released on your written promise to appear. This is your signature or a written promise to appear in court on your court date. He may release you on an unsecured bond, which you will forfeit if you do not show up in court, but in this case you are not required to place any money with the court in order to be released. He may also release you into someone else’s custody.

Usually, however, a magistrate will set an amount of money as your bail. You may either pay this money or call a bail bondsman to post it for you. The bondsman will charge you a non-refundable fee for this service. You are entitled to have your money returned to you if you put it up yourself and report to court as required.

The magistrate or other judicial official will normally set the amount of bail based mainly on the charge

against you. Other factors may include family ties to the community, employment, length of residence, prior record, etc. Your attorney may ask that a high bail be reduced at a later court hearing.

If you are stopped by an officer for certain minor traffic offenses, the officer may ask you to sign the ticket. By signing, you do not admit guilt. You are only signing your promise to appear in court on the date shown on the ticket. In such a case, the officer is not required to take you before a judicial official because there will be no bail requirement.

Processing

admin — Thu, 15 Jan 2009 00:37:17 +0000

After your arrest, a police officer must inform you of the charge against you or the reason for your arrest. Without unnecessary delay, he must take you before a judicial official, usually a magistrate, advise you of your right to communicate with a lawyer or friends, and give you a reasonable opportunity to do so.

The officer may take you somewhere else before he takes you to a judicial official if you request it or if it is necessary for the purpose of having you identified. You may also be photographed and fingerprinted after being arrested.

What is a Warrant for Arrest?

admin — Thu, 15 Jan 2009 00:36:36 +0000

A warrant for arrest is a legal document instructing law enforcement to take you into custody. It is issued by a judicial official, usually a magistrate, when he determines that there is probable cause to believe that you committed a crime. An officer can arrest you if he has a warrant for your arrest or if he knows a warrant has been issued, informs you of it and serves it on you as soon as possible.

For example, a person who claims you have assaulted him or her may go to the magistrate, make a statement under oath, and have a warrant issued for your arrest.

City police may arrest you in their jurisdiction in the city or anywhere within a mile of the city boundary. Sheriff’s Deputies or County Police may arrest anywhere in the State for a felony committed in their county.

When can you be arrested?

admin — Thu, 15 Jan 2009 00:35:45 +0000

Basically, you can be arrested when there is “probable cause” to believe you have committed a crime.

Probable cause exists when the circumstances would lead a reasonable person to believe you “probably committed a crime.”

An officer who has probable cause to believe you have committed a crime in his presence can arrest you for that offense. He can also arrest you if he has probable cause to believe you have committed one or more of the following crimes outside his presence:

•    A felony
•    A misdemeanor where you will not be apprehended unless arrested immediately
•    A misdemeanor where you will damage property or injure someone unless arrested immediately

Otherwise, you can be arrested only if there is a warrant for your arrest

Criminal Defense - 2 Minute Expert

admin — Mon, 21 Jul 2008 07:26:56 +0000

Students, Young Adults, First Time Offenders

admin — Tue, 15 Jan 2008 07:16:17 +0000

Who decides when your case goes to trial?

admin — Fri, 02 Nov 2007 06:10:23 +0000

North Carolina prosecutors have considerable authority over the calendaring of criminal cases for trial. Arbitrary or tactically motivated calendaring decisions may be challenged as a violation of a defendant’s constitutional rights. Such decisions may also violate the statutory limitations on prosecutors’ calendaring authority in G.S. 7A-49.4.

What protections do individuals have regarding a speedy trial in North Carolina?

admin — Fri, 02 Nov 2007 06:09:25 +0000

The Sixth Amendment to the United States Constitution and Article I, § 18 of the North Carolina Constitution guarantee a defendant a speedy trial. A defendant’s speedy trial right attaches upon arrest, indictment, or other formal accusation.

Determining whether a defendant’s constitutional right to a speedy trial has been violated involves balancing four factors: the length of the delay, the reason for the delay, prejudice to the defendant, and whether the defendant has demanded the right to a speedy trial. See Barker v. Wingo, 407 U.S. 514 (1972).

The speedy trial right differs from the due process right to a timely prosecution in two important ways. First, defendants claiming that their right to a speedy trial has been denied do not have to prove that their ability to defend against the charge was impaired by delay. Prejudice for speedy trial purposes may be shown by oppressive pre-trial incarceration, emotional or financial strain, damage to reputation, loss of employment, or other negative social consequences. Second, a defendant claiming a speedy trial violation need not show that the delay was intentional, strategic, or the result of gross negligence. The reason for the delay is but one factor in a speedy trial analysis, and ordinary negligence will support a speedy trial claim.