If you're facing criminal charges in Durham, NC, the steps you take now will make a big difference to the outcome of your case. Your first step should be to call in experienced criminal defense support right away. Forming Your Criminal Defense in Durham, NC Stay Quiet You have the right to stay quiet under the Fifth Amendment, and you should, because anything you say can be used against you later (and will be). Ask for a lawyer at once and stop talking until one arrives. The police must tell you about this right before they question you while you are in custody. Note that you can still face arrest even if they skip the warning, but any statements they get from you if they didn't give the warning are unlikely to hold up in court. Don't Consent (But Don't Resist) Never consent to searches of your home, car, or phone unless officers show you they have a valid warrant. You can refuse any search that lacks proper legal grounds, and if they search without a warrant or probable cause, your lawyer can later ask the court to exclude any evidence they find. You need to be clear that you're not giving permission for a search. Say it out loud several times so that any body cameras will pick it up, but do not resist, fight, or get visibly angry. Just be firm and clear, then let them do what they're going to do. Your lawyer will sort it out. Call a Lawyer The minute you realize that you're being charged (and even if you just start to suspect it), call a lawyer. The faster your lawyer can speak with prosecutors, protect evidence, and stop you from making statements that close down your options, the better your chances at a good outcome. Tell the lawyer every detail of your contact with police while it is still fresh in your mind and hand over any documents, messages, or names of people who saw what happened. Write Down Everything Once you're able to do so, write down everything you remember while it's still fresh. Include the time and place, the names of officers, what they said, and any witnesses nearby. Keep this record private and give it only to your lawyer. Do not share this or any other information with friends, family, or cellmates, and do not post anything about the case on social media or even text about it. Those words can reach the prosecutor and hurt your position. Follow Your Bond If you get released on bond, follow every condition of your release to the letter. Pay attention to stay-away orders, travel limits, and reporting rules and remember that missing a court date or breaking a condition can bring on new charges and higher bond. Ask your lawyer to explain each condition in plain terms before you leave custody to be sure you understand what to do (or not do). If you've been accused of a crime, don't wait: call Frasier & Griffin in Durham or Raleigh now at 919-205-2258. We're aggressive attorneys with a long history of serving the people of North Carolina.
How Do I Find Help for a Federal Criminal Case?
A federal criminal charge filed in Raleigh, NC doesn't end up in the Wake County courthouse. It goes to the United States District Court for the Eastern District of North Carolina, where the United States Attorney, not the county district attorney, presents the case. It's very important to have a federal criminal defense attorney who understands all the unique federal rules and procedures for handling your case. Getting Federal Criminal Defense If you can pay, you can hire a lawyer. If you can't pay, the court itself must appoint you one. The lawyer you need must already have been admitted to practice in the Eastern District of North Carolina and defended people in that federal courthouse. Federal investigations, federal discovery, federal motions, and federal sentencing guidelines are completely different from the rules and guidelines of state court. Without the right lawyer, you can't keep the deadlines, keep evidence out, or contest your sentence. The Process At your first appearance before a magistrate judge, the court will ask you whether you can afford a lawyer and require you to make a financial affidavit using Form CJA 23, which is completed under oath. This allows the court to decide if you qualify for free assistance, and only if the judge finds that you don't have the resources to hire adequate counsel will they'll appoint a Federal Public Defender to represent you. If the Federal Public Defender cannot accept the appointment for some reason, the court turns to a private lawyer drawn from the district's Criminal Justice Act panel, a list of attorneys the court has already screened and approved for this work and whom the government pays at set rates. Getting Your Own Attorney Hiring your own lawyer means you're choosing the person who will speak for you, which is the difference that matters most. A hired lawyer can be brought in while agents are still asking questions, serving you a target letter, or building a case that has not yet been filed, which allows you to get out ahead of the issue. In contrast, if you wait until a lawyer is appointed or supplied by the court, that can't happen until you're already taken into custody or have appeared before a magistrate judge, and that means your lawyer is coming in late. You've lost the chance to stop the train before it even leaves the station. The months before the first hearing are often the period in which the most important statements are made – the statements that will make a huge difference to the outcome of your case – and bargains can be discussed. Get Help in Raleigh, NC If you're under investigation or have already been taken to federal court, the time to move is right now. The sooner we get started defending you, the better, and the stronger your case will be. Contact us at Frasier & Griffin in Raleigh or Durham now to talk with an experienced federal defense attorney.