Bailey Criminal Lawyer, North Carolina

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William M.J. Farris

Products Liability, DUI-DWI, Car Accident, Wills
Status:  In Good Standing           

Andrew R. Boyd

Traffic, Divorce, Criminal, Personal Injury, DUI-DWI
Status:  In Good Standing           Licensed:  27 Years

Brian Paxton

Eminent Domain, DUI-DWI, Criminal, Constitutional Law
Status:  In Good Standing           Licensed:  29 Years

Robert Christopher Miles Rountree

Real Estate, Traffic, Estate, Criminal
Status:  In Good Standing           Licensed:  17 Years

Thomas R. Sallenger

Federal Appellate Practice, Family Law, Criminal, Personal Injury
Status:  In Good Standing           Licensed:  41 Years

Kurt D. Schmidt

Traffic, Criminal, Civil & Human Rights, Personal Injury
Status:  In Good Standing           Licensed:  34 Years

Eliot F. Smith

Criminal, Civil & Human Rights, Personal Injury, Wrongful Death
Status:  In Good Standing           Licensed:  31 Years

Allen G. Thomas

Lawsuit & Dispute, Divorce & Family Law, Criminal, Personal Injury
Status:  In Good Standing           Licensed:  63 Years

William H. Holdford

Real Estate, Criminal, Legal Malpractice, Family Law
Status:  In Good Standing           Licensed:  48 Years

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LEGAL TERMS

IMPEACH

(1) To discredit. To impeach a witness' credibility, for example, is to show that the witness is not believable. A witness may be impeached by showing that he h... (more...)
(1) To discredit. To impeach a witness' credibility, for example, is to show that the witness is not believable. A witness may be impeached by showing that he has made statements that are inconsistent with his present testimony, or that he has a reputation for not being a truthful person. (2) The process of charging a public official, such as the President or a federal judge, with a crime or misconduct and removing the official from office.

SPECIFIC INTENT

An intent to produce the precise consequences of the crime, including the intent to do the physical act that causes the consequences. For example, the crime of ... (more...)
An intent to produce the precise consequences of the crime, including the intent to do the physical act that causes the consequences. For example, the crime of larceny is the taking of the personal property of another with the intent to permanently deprive the other person of the property. A person is not guilty of larceny just because he took someone else's property; it must be proven that he took it with the purpose of keeping it permanently.

EXPUNGE

To intentionally destroy, obliterate or strike out records or information in files, computers and other depositories. For example, state law may allow the crimi... (more...)
To intentionally destroy, obliterate or strike out records or information in files, computers and other depositories. For example, state law may allow the criminal records of a juvenile offender to be expunged when he reaches the age of majority, to allow him to begin his adult life with a clean record. Or, a company or government agency may routinely expunge out-of-date records to save storage space.

LINEUP

A procedure in which the police place a suspect in a line with a group of other people and ask an eyewitness to the crime to identify the person he saw at the c... (more...)
A procedure in which the police place a suspect in a line with a group of other people and ask an eyewitness to the crime to identify the person he saw at the crime scene. The police are supposed to choose similar-looking people to appear with the suspect. If the suspect alone matches the physical description of the perpetrator, evidence of the identification can be attacked at trial. For example, if the robber is described as a Latino male, and the suspect, a Latino male, is placed in a lineup with ten white males, a witness' identification of him as the robber will be challenged by the defense attorney.

MISTRIAL

A trial that ends prematurely and without a judgment, due either to a mistake that jeopardizes a party's right to a fair trial or to a jury that can't agree on ... (more...)
A trial that ends prematurely and without a judgment, due either to a mistake that jeopardizes a party's right to a fair trial or to a jury that can't agree on a verdict (a hung jury) If a judge declares a mistrial in a civil case, he or she will direct that the case be set for a new trial at a future date. Mistrials in criminal cases can result in a retrial, a plea bargain or a dismissal of the charges.

MOTION IN LIMINE

A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply ... (more...)
A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply the mention of the evidence would prejudice the jury against that party, even if the judge later instructed the jury to disregard the evidence. For example, if a defendant in a criminal trial were questioned and confessed to the crime without having been read his Miranda rights, his lawyer would file a motion in limine to keep evidence of the confession out of the trial.

CRIMINAL LAW

Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not p... (more...)
Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not punishable by imprisonment. In order to be found guilty of a criminal law, the prosecution must show that the defendant intended to act as he did; in civil law, you may sometimes be responsible for your actions even though you did not intend the consequences. For example, civil law makes you financially responsible for a car accident you caused but didn't intend.

DRIVING UNDER THE INFLUENCE (DUI)

The crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. Complete intoxication is not required; the l... (more...)
The crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. Complete intoxication is not required; the level of alcohol or drugs in the driver's body must simply be enough to prevent him from thinking clearly or driving safely. State laws specify the levels of blood alcohol content at which a person is presumed to be under the influence. Also called driving while intoxicated (DWI and drunk driving).

MISDEMEANOR

A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk d... (more...)
A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk driving and leaving the scene of an accident are all common misdemeanors.

SAMPLE LEGAL CASES

State v. Bare

... 1st. Every law that makes an action done before the passing of the law; and which was innocent when done, criminal; and punishes such action. 2d. ... A. Legislative Intent. Whether a statutory scheme is civil or criminal is first of all a question of statutory construction. ...

Dogwood Dev. & Mgmt. v. White Oak Transport

... For instance, plain error review is available in criminal appeals, Odom, 307 NC at 660, 300 SE2d at 378, for challenges to jury instructions and evidentiary issues, State v. Cummings, 352 NC 600, 613, 536 SE2d 36, 47 (2000), cert. denied, 532 US 997, 121 S.Ct. ...

State v. Styles

... Under Terry and subsequent cases, a traffic stop is permitted if the officer has a "reasonable, articulable suspicion that criminal activity is afoot." Illinois v. Wardlow, 528 US 119, 123, 120 S.Ct. 673, 675, 145 L.Ed.2d 570, 576 (2000). ...