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C. Randolph Emory
About | Practice Areas
The Emory Law Firm
11020 David Taylor Dr. Suite 102 Charlotte, NC 28262» view map
Criminal Defense Law
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We’re dedicated to ensuring that we take care of all of our clients, and that their legal needs are met and exceeded. We offer high-quality legal work and personal client service.

800-972-6341
1. C. Randolph Emory Charlotte, NC
  Attorney at Law - NC, 1990
  North Carolina Central University J.D.
2. AboutThe Emory Law Firm
  We Fight For You
3. Practice AreasExpertise
  Criminal Defense Law
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Onyema Agu Ezeh

Accident & Injury, Criminal, Divorce & Family Law, Immigration

Status: In Good Standing Licensed: 13 Years

CONTACT

2520 Sardis Road North, Charlotte, NC 28227

Kathleen Mary Nicolaides

White Collar Crime, Criminal, Business

Status: Inactive Licensed: 36 Years

CONTACT

11100 Pine Valley Club Dr, Charlotte, NC 28277

Susan N. Surles

Other, Motor Vehicle, Criminal, Civil & Human Rights

Status: In Good Standing Licensed: 43 Years

CONTACT

4204F Knob Oak Lane, Charlotte, NC 28211

800-923-0641

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LEGAL TERMS

CRIMINAL INSANITY

A mental defect or disease that makes it impossible for a person to understand the wrongfulness of his acts or, even if he understands them, to ditinguish right... (more...)

A mental defect or disease that makes it impossible for a person to understand the wrongfulness of his acts or, even if he understands them, to ditinguish right from wrong. Defendants who are criminally insane cannot be convicted of a crime, since criminal conduct involves the conscious intent to do wrong -- a choice that the criminally insane cannot meaningfully make. See also irresistible impulse; McNaghten Rule.

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.

ARREST

A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be 'under arre... (more...)

A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be 'under arrest' even though the police have not announced it; nor are handcuffs or physical restraint necessary. Questioning an arrested person about her involvement in or knowledge of a crime must be preceded by the Miranda warnings if the police intend to use the answers against the person in a criminal case. If the arrested person chooses to remain silent, the questioning must stop.

JURY NULLIFICATION

A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for ... (more...)

A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for juries in England and the United States, although judges will prevent a defense lawyer from urging the jury to acquit on this basis. Nullification was evident during the Vietnam war (when selective service protesters were acquitted by juries opposed to the war) and currently appears in criminal cases when the jury disagrees with the punishment--for example, in 'three strikes' cases when the jury realizes that conviction of a relatively minor offense will result in lifetime imprisonment.

SELF-DEFENSE

An affirmative defense to a crime. Self-defense is the use of reasonable force to protect oneself from an aggressor. Self-defense shields a person from criminal... (more...)

An affirmative defense to a crime. Self-defense is the use of reasonable force to protect oneself from an aggressor. Self-defense shields a person from criminal liability for the harm inflicted on the aggressor. For example, a robbery victim who takes the robber's weapon and uses it against the robber during a struggle won't be liable for assault and battery since he can show that his action was reasonably necessary to protect himself from imminent harm.

INTERROGATION

A term that describes vigorous questioning, usually by the police of a suspect in custody. Other than providing his name and address, the suspect is not obligat... (more...)

A term that describes vigorous questioning, usually by the police of a suspect in custody. Other than providing his name and address, the suspect is not obligated to answer the questions, and the fact that he has remained silent generally cannot be used by the prosecution to help prove that he is guilty of a crime. If the suspect has asked for a lawyer, the police must cease questioning. If they do not, they cannot use the answers against the suspect at trial.

GREEN CARD

The well-known term for an Alien Registration Receipt Card. This plastic photo identification card is given to individuals who are legal permanent residents of ... (more...)

The well-known term for an Alien Registration Receipt Card. This plastic photo identification card is given to individuals who are legal permanent residents of the United States. It serves as a U.S. entry document in place of a visa, enabling permanent residents to return to the United States after temporary absences. The key characteristic of a green card is that it allows the holder to live permanently in the United States. Unless you abandon your residence or violate certain criminal or immigration laws, your green card can never be taken away. Possession of a green card also allows you to work in the United States legally. Those who hold green cards for a certain length of time may eventually apply for U.S. citizenship. Green cards have an expiration date of ten years from issuance. This does not mean that your permanent resident status expires. You must simply apply for a new card.

BAIL

The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all requi... (more...)

The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all required court appearances. The amount of bail is determined by the local bail schedule, which is based on the seriousness of the offense. The judge can increase the bail if the prosecutor convinces him that the defendant is likely to flee (for example, if he has failed to show up in court in the past), or he can decrease it if the defense attorney shows that the defendant is unlikely to run (for example, he has strong ties to the community by way of a steady job and a family).

BAILIFF

A court official usually classified as a peace officer (sometimes as a deputy sheriff, or marshal) and usually wearing a uniform. A bailiff's main job is to mai... (more...)

A court official usually classified as a peace officer (sometimes as a deputy sheriff, or marshal) and usually wearing a uniform. A bailiff's main job is to maintain order in the courtroom. In addition, bailiffs often help court proceedings go smoothly by shepherding witnesses in and out of the courtroom and handing evidence to witnesses as they testify. In criminal cases, the bailiff may have temporary charge of any defendant who is in custody during court proceedings.

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). ...

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Matthews Criminal Lawyer, North Carolina

Sponsored Law Firm

The Emory Law Firm

SPONSORED LAWYERS

Onyema Agu Ezeh

Kathleen Mary Nicolaides

Susan N. Surles

TIPS

LEGAL TERMS

CRIMINAL INSANITY

IMPEACH

ARREST

JURY NULLIFICATION

SELF-DEFENSE

INTERROGATION

GREEN CARD

BAIL

BAILIFF

SAMPLE LEGAL CASES

State v. Bare

Dogwood Dev. & Mgmt. v. White Oak Transport

State v. Styles

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