Ever wonder where the right to have a lawyer in a criminal case came from? Most people say the Constitution. That is true. The Sixth Amendment affords a defendant a right to a lawyer in a criminal trial but that was only for federal criminal cases. It wasn't until the landmark ruling in Gideon v. Wainwright (1963) that the 6th Amendment to the Constitution was made applicable to the states through the 14th Amendment due process clause. 

As is so often with our Constitutional rights, the Courts had to interpret the Constitution to afford us what seems like a no-brainer. 

So what's the big deal then? It's the 50th anniversary of the ruling that granted indigent defendants (those too poor to afford a lawyer) the right to a criminal attorney at their trial and paid for by the state. Has Gideon been effective?

This post is an attempt to describe how criminal district court works in Wake county, NC. I will briefly talk about the different courtrooms and what to expect as well as appealing an adverse conviction.

Here is generally how it goes:

You may have heard about something called "discovery" from a legal TV show or a movie. Most people have the basic concept down. In a criminal case, the district attorney has to disclose to the defendant and his attorney the evidence that the state has against you. In other words, you have a right to see the state's hand before you make your play.

But is this true? I have many clients who ask for discovery, sometimes even for traffic tickets! So let's talk about this for a moment...

The Basics

Impaired Driving, also called DUI/DWI or drunk driving, is a serious misdemeanor offense. In fact, many lawyers specialize in only DUI law because it is such a unique subdivision of criminal defense. Finding a criminal defense attorney that can adequately represent you and defend your rights is particularly crucial. Why?

Speeding in a school zone is a traffic infraction. See N.C.G.S. 20-141.1. It comes with a high price - an extra $250.00 fine in addition to the court costs. Insurance points will also be assessed according to your rate of speed. Therefore, it is very advantageous to get a prayer for judgment continued (PJC), if one is available to you. That way you can avoid the insurance increase and the $250.00 fine.

Capital Area Teen Court is a criminal diversion program for youths in Wake County, NC. It is an alternative form of justice which attempts to prevent juveniles from committing future crimes by taking them out of the juvenile or adult justice system and placing them into Teen Court, where they are judged by a jury composed of people just like them. Recividism rates (i.e. percentage of re-offenders) are low for those who complete Teen Court as opposed to its juvenile court and adult court counterparts.

Possession of marijuana of less than 1/2 ounce is a class 3 misdemeanor. By statute you cannot go to jail if convicted, regardless of your past criminal record. You can get probation and/or have to do some community service plus pay court costs and a fine. You should consult with an attorney if you have been cited for this charge. (Note: the more marijuana you possess, the greater the class of crime and the greater the punishment - this blog post is only dealing with possession of less than 1/2 oz).

Larceny (also called theft or stealing) is a class 1 misdemeanor in North Carolina if the value of the item(s) stolen is less than or equal to $1,000. See NCGS 14-72. If the value is more than $1,000 then it is a Class H felony (also a felony regardless of value if the items stolen were directly from a person, pursuant to other crimes, were firearms, explosives, etc.).

Many defendants (and attorneys, judges and media for that matter) have a difficult time understanding how lawyers can view the same case in such a different light. Don't we all study the law in the same way at law school? Why does the District Attorney (DA or prosecutor) think you committed the crime or are deserving of some punishment that seems out of whack with reality? Don't they care about your rights? They don't even know you. Don't they want to know the truth? After all, the point is to achieve justice for all parties, right?

If you were convicted of a criminal or traffic offense and more than 10 days have passed since the judgment was entered, you may be able to get post-conviction relief under N.C. General Statutes 15A-1415 if you can prove that one of the following occurred which affected your case or caused an injustice: