QUESTIONS ABOUT CRIMINAL CHARGES

If I received a telephone call or a letter from a police officer that concerns me in any way, what should I do?

ANSWER: You should immediately contact a lawyer. You may very well give out information that could either incriminate you or appear to incriminate you. Obtaining advice from a lawyer before responding is absolutely crucial.

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Does talking to the police increase or decrease my chances of being arrested?

ANSWER: That is a difficult question. We believe that our clients should first look at the effect on their overall lives before giving information to the police or any third party about any potential crime, whether they are guilty or not. For that reason, contact the attorneys at Marcilliat & Mills PLLC, or other competent Charlotte criminal defense attorneys that handle criminal matters before having any contact with the police.

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If I have a question regarding a criminal matter, who should I talk to?

ANSWER: Criminal law within the past several years has become a very sophisticated specialty. While we feel that we are the best attorneys in our community to assist you, it is crucial that you find someone who has extensive experience in the area of criminal law as it is a changing specialty.

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Are the police required to read me what are known as my Miranda rights?

ANSWER: Not always and this is one of the most vulnerable areas for citizens. Unless you are in custody or another narrow area as defined by our courts applies, the reading of Miranda rights is not necessarily required and the police can very often obtain incriminating information by having just a general conversation with you.

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If I give an oral statement, can that hurt me?

ANSWER: In North Carolina and in almost all jurisdictions, an oral statement is admissible in court against a criminal defendant and can often be as damaging as a written statement. Again, before giving any statement to a law enforcement officer, contact our experienced criminal defense lawyers in Raleigh, North Carolina.

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How do I know whether the attorney I am speaking with has experience in the area of criminal law affecting me?

ANSWER: Don’t be bashful. Ask the attorney what his or her background is, how many cases he or she has tried in this particular area, what percent of his or her practice involves criminal law and other questions you would ask before entering into a business arrangement with anyone.

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When is the best time to contact a criminal attorney?

ANSWER: As soon as you have reason to believe that you may have done something illegal or inappropriate or whether the police, or another party, indicate that you may have done something illegal or inappropriate. If you are under investigation, do not wait until you are arrested and/or charged with a crime to speak with an attorney.

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For More Answers

Do you have questions that have not been answered here? Contact the Charlotte office of Marcilliat & Mills PLLC, by calling 919-838-6643 or contacting us online.

State v. B.S.: Not Guilty Verdict in First Degree Murder Case..

In this case, our client was charged with First Degree Murder in connection with a “drive by” shooting that occurred in Charlotte, NC. The State’s evidence included GPS ankle monitoring data linking our client was at the scene of the crime and evidence that our client confessed to an inmate while in jail. Nonetheless, we convinced a jury to unanimously find our client Not Guilty. He was released from jail the same day.

State v. S.G.: First Degree Murder Charge Dismissed..

Our client was charged with First Degree for the shooting death related to an alleged breaking and entering. The State’s evidence included a co-defendant alleging that our client was the shooter. After conducting a thorough investigation with the use of a private investigator, we persuaded the State to dismiss entirely the case against our client.

State v. B.D.: First Degree Murder Charged Dismissed..

After conducting an investigation and communicating with prosecutor about the facts and circumstances indicating that our client acted in self-defense, the case was dismissed and deemed a justifiable homicide.

State v. I.R.: Reduction from First Degree Murder to Involuntary Manslaughter and Concealment of Death..

Our client was charged with the First Degree Murder of a young lady by drug overdose. After investigating the decedent’s background and hiring a preeminent expert toxicologist to fight the State’s theory of death, we were able to negotiate this case down from Life in prison to 5 years in prison, with credit for time served.

State v. J.G.: .

Our client was charged with First Degree Murder related to a “drug deal gone bad.” After engaging the services of a private investigator and noting issues with the State’s case, we were able to negotiate a plea for our client that avoided a Life sentence and required him to serve only 12 years.

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