Being accused of any crime can be very scary. And because of new legislation, structured sentencing, and mandatory active jail time for certain offenses, the possibility of a criminal conviction can literally have life-changing ramifications.
As there are countless scenarios regarding criminal process, there are no absolute rules as to how one should conduct him or her self after being charged. As a broad directive, though, the attorneys at McCartan Law typically advises one NOT to give any statements to law enforcement or submit to a polygraph test without counsel present.
In North Carolina, most crimes are classified in one of two ways: Misdemeanors or Felonies. Misdemeanors are typically handled from beginning to end in District Court, but for matters that are appealed. Felonies are initially addressed in District Court, but are often ultimately disposed of in Superior Court. Both courts deal with offenses involving drugs, violence, property, driving, and sex; whether the matter is treated as a Misdemeanor or a Felony is determined by the Criminal Code.
Many types of crimes incorporate various offenses into one or more charges. In this, it is often difficult to determine what type of criminal process the State will pursue, and what the best course of defense may be. Possible defenses and remedies vary from one area of offense to another, and in many cases, there is a great deal of overlap in theories.
Three things are taken into consideration when determining how a drug-related charge will be treated: type, amount, and intended use. As little as one factor in each of these considerations can result in any charge being treated as a Felony, and also can mandate substantial active jail time in the event of a conviction. Conversely, these same things are taken into consideration when determining whether an accused will be able to consider a constructive or treatment-based resolution to his or her matter. Regardless of the classification of a drug offense, issues concerning Search and Seizure, Confidential Informants, and Constructive Possession are often present and should be considered extensively by any criminal defense attorney.
Offenses of the person can often be very complicated, as State officials are typically only involved in an investigatory capacity. The interactions between two or more people are usually witnessed by few, and in this, the credibility of all relevant parties is extremely important in the outcome of a criminal process. Various factors are considered in determining how an Assault-type charge will be treated by the State, including the manner of the alleged act, the extent of the injuries, and the intent of the accused. Common issues going to the defense of a person charged are Self-Defense, Defense of Another, and the Credibility of the Accuser.
Similar to Persons offenses, Property crimes are very much grounded in the relationships between individuals. Of course, many situations in this area involve people who have previously had little or no interaction, as in a charge of Shoplifting. But there are many other circumstances whereby the parties have had personal and working relationships, and this makes it all the more important to consider the rights and duties of those involved to determine how best to defend against an accusation. Most Property offenses require an element of Criminal Intent for one be convicted, so it follows that the state of mind of the accused should be considered in preparing a defense. Identification of the Accused as the offender and Consent of the Alleged Victim are also critical considerations in disputing a Property-based accusation.
Underage Alcohol Possession
Assault and Battery
Larceny, Embezzlement and Fraud
Murder and Manslaughter
The people we represent
Gave me my confidence back - He told me not to worry and relax and now I understand why. Absolutely awesome attorney. Thank you.
Excellent Attorney - I'm so thankful for Chris McCartan. He is an amazing attorney and human being. My husband had a tough case against and Chris went above and beyond for us. I cannot thank him enough for all he did for us. He communicated with us throughout the whole process and never once sugar coated anything. If you need legal help, I would 100% recommend Chris McCartan. - Maria
Chris Goes Above and Beyond - He put my best interest into practice and fought for a very favorable outcome. I would definitely recommend Chris to anyone in need of a defense attorney. - Ryan
Very understanding, confident and professional - Chris was wonderful as he delivered the best defense for me!!! So glad I chose him..he always told me not to worry and for 2 years i had this dwi over my head like i couldnt move foward..but he got strait and to the point questions and proved my innocence!!! The judge said " NOT GUILTY"!!!@ that is all i prayed to hear!!! i would Highley recommend him to anyone in this situation!!! Thanks so much Chris!!!! - Theresa
Excellent Attorney - Chris recently represented me in a dwi charge that he was able to get dismissed completely. Chris is an excellent attorney that will guide you through the entire process and let you know every aspect of a case and how he plans to fight for you. He is very knowledgeable and helped me through a very stressful time. I would recommend him to anyone seeking legal counsel and though I never plan to need his services again, I would hire him again in a hearbeat. Thank you for all of your help Chris. - Eric