RELEASED: FEB. 25, 2011

RALEIGH, NC – A North Carolina teen accused of molesting his two younger siblings relied on the experience of the Marcilliat & Mills PLLC attorneys, in defending against two charges of first degree statutory sex offenses. This resulted in two reduced charges of misdemeanor sexual battery, which carry substantially less punishment charge in North Carolina.

The reduction from a first-degree statutory sex offense to sexual battery means that the juvenile will be on probation for a period of time but will not be subject to jail or prison time. The state had the option of seeking to prosecute this juvenile as an adult. Had the juvenile been prosecuted as an adult, he faced a mandatory prison sentence if convicted. Once the juvenile becomes an adult, this sex crime will not be visible on his permanent record and he will not be required to register as a sex offender. The juvenile will be able to move on from his past and create a better life for himself without the stigma of a felony sex crime on his record.

An accusation of any sex crime, especially a crime against a minor, can be extremely damaging, even if it ultimately proves false. The accusations in this case, however, will not hamper the juvenile from securing a job or going to college because Marcilliat & Mills PLLC attorneys was able to show the prosecuting Assistant District Attorney (ADA) that the primary two people accusing the juvenile lacked credibility.

The main weakness in this case was that the primary accusers, the juvenile’s parents, lacked credibility and would likely not fare well if put on the stand at a criminal trial. Mr. Kevin argued that the home environment where these alleged incidents took place would have a negative impact on the state’s case in the eyes of the judge.

Mr. Kevin learned of this information by getting to know his client. He spent time with the juvenile and talked to him about the facts of the incidents to better learn how it came to be that his siblings were accusing him of such a serious sex crime. Criminal attorney Kevin used this information to humanize his client in the eyes of the ADA, which allowed him to further negotiate with the ADA to reduce the charge from a felony to a misdemeanor sex crime. The prosecutor was able to understand the type of person the juvenile was and was able to give him greater consideration because of Mr. Kevin ‘ insight into the juvenile’s life.

It is important to hire a Raleigh criminal defense lawyer who will take the time to learn about the facts of the case and the history of the accused. Often criminal attorneys will merely treat a defense client like a number, rather than a person with important information and insight. A Raleigh criminal lawyer who actively works to understand a client, like the attorneys at Marcilliat & Mills PLLC PLLC, have an increased opportunity to fight a serious felony or misdemeanor charge because they take the time to get to know the people they represent.

DISCLAIMER: The cases, facts and outcomes discussed in this press release are illustrative of the matters handled by the firm. Actual case results depend on a variety of factors unique to each case. Not all of the firm’s case results are included on this site. The outcome of a particular case cannot be predicated upon a lawyer’s or law firm’s past result because prior results do not guarantee a similar outcome.

For more information about the Marcilliat & Mills PLLC, see the criminal defense website and criminal defense blog. Marcilliat & Mills PLLC defense attorneys defend individuals against sex crime charges, DWI charges and abuse charges, among others throughout North Carolina. Please contact the law firm or call 919-838-6643 for a free consultation. Marcilliat & Mills PLLC can also be followed on Facebook at facebook.com/nc.criminal.defense.

North Carolina v. J.S.
Indecent Exposure
Potentially Facing: 30 days in Jail
Result: Case Dismissed

Marcilliat & Mills PLLC acted quickly, meeting with the DA’s office to mitigate on behalf of their client, who had no prior criminal history. The Defendant had cooperated fully with the officer. At defense counsel’s prompting, the ADA spoke with his Law Enforcement Officers and determined that Defendant had been through enough already. Dismissed on the first court date.