North Carolina Criminal Law Updates
Television and movies are full of dramatic courtroom scenes, criminal charges, and legal twists, but real life is quite different. 
In this post, we’re going to clear up some common misunderstandings about the criminal justice system and how it works in North Carolina.
We’ll explain why plea bargaining is often misunderstood and not just a way of admitting guilt.
We’ll clarify what Miranda rights mean for you if you’re ever in custody or arrested.
We’ll also debunk the myth of “getting off on a technicality” and show why every detail in the legal process matters.
Finally, we’ll discuss why representing yourself in court is more complex than it seems.
This post is for anyone who wants a clearer picture of what to expect from the criminal justice system.
Whether you’re just curious or find yourself in need of legal advice, understanding these points can make a big difference.
Beyond Guilty Pleas: The Strategic Role of Plea Bargaining in the Justice System
There’s a common myth plea bargaining is the same as admitting guilt, but the truth is much more complex.
Plea bargains serve as a crucial tool in the legal system, offering a way for both defendants and prosecutors to navigate a landscape filled with uncertainties and risks.
For defendants, it’s a chance to avoid the unpredictability of a trial, where outcomes can be uncertain regardless of the evidence.
Trials carry inherent risks, and a plea bargain can sometimes result in a deferral or Deferred Prosecution, Conditional Discharge, a plea to a lesser charge, and/or a more lenient sentence than if found guilty at trial.
Prosecutors use plea bargains to efficiently manage their caseloads, with the goal of ensuring the judicial system operates smoothly.
This approach can also alleviate the emotional burden on victims and witnesses, who might otherwise need to endure the stress of a court trial.
However, it’s crucial to recognize that accepting a plea bargain doesn’t always stem from a defendant’s admission of guilt.
Various factors significantly influence this decision, including the strength of the prosecution’s case, the severity of potential sentences, and personal circumstances.
Plea bargaining and plea bargains are not just about admitting guilt; they represent a strategic choice within a legal framework that prioritizes efficiency and certainty – Danny Glover, OBX Criminal Defense Lawyer
Understanding the multifaceted nature of plea bargains is essential for anyone facing criminal charges, as it is a critical part of making informed and strategic decisions about their case.
Miranda: Stop Talking and Lawyer Up
Miranda Rights, often dramatized in popular media, are frequently misunderstood, particularly regarding their implications for 
the accused in the legal process.
These rights, a cornerstone of American criminal law, are rooted in the Fifth and Sixth Amendments, focusing on the right against self-incrimination and the right to legal counsel.
A common misconception is that if law enforcement fails to read Miranda rights to a criminal suspect, any charges brought against them are automatically dismissed.
Failure to read Miranda rights, while important, doesn’t necessarily mean charges will be dismissed – Danny Glover, Outer Banks Attorney
The Fifth Amendment of the US Constitution provides protection against self-incrimination, ensuring that a criminal defendant cannot be compelled to testify against themselves.
This is where the essence of Miranda Rights comes into play.
When someone is arrested and questioned (subject to custodial interrogation), police are required to inform them of their Constitutional Rights, which include the right to remain silent and the fact that anything they say can be used against them in court.
This warning is designed to prevent involuntary confessions and ensure that individuals are aware of their rights under the pressure of an arrest or in-custody questioning by law enforcement.
The Sixth Amendment guarantees the right to legal counsel.
Part of the Miranda Warning includes advising the accused that they have the right to an attorney, and if they cannot afford one, an attorney will be provided for them.
This is crucial, as the presence of a criminal defense attorney can significantly affect the outcome of a legal proceeding.
It’s important to understand what may happen when law enforcement fails to provide a Miranda warning.
Contrary to popular belief, the failure to comply with Fifth Amendment rights does not typically result in the dismissal of charges.
Instead, the most common legal consequence is the suppression of any statements or confessions made by the accused while in custody and without being informed of their Miranda rights.
Defense counsel may file what is called a pretrial Motion to Suppress.
There are important statutory and timing requirements for pretrial motions.
If the Court (the Judge) grants the Motion to Suppress, statements and evidence obtained as a result of 5th Amendment violations cannot be used as evidence against the criminal defendant in their trial.
However, this does not mean the charges themselves are invalid or that the case will be dismissed.
Even if evidence or statements were improperly acquired, certain materials may still be admissible as evidence if obtained through other, proper methods – Danny Glover, Criminal Defense Attorney
The purpose of Miranda Rights goes beyond protecting the individual from self-incrimination.
It also ensures fairness in the judicial process and upholds the integrity of the legal system.
By requiring law enforcement to inform individuals of their rights, the justice system acknowledges the power imbalance that can exist during an arrest and interrogation, and seeks to mitigate it.
Understanding Miranda Rights is essential for anyone facing criminal charges in North Carolina.
Constitutional rights are a fundamental part of American law and play a significant role in how criminal cases are processed and adjudicated.
The nuances of how these rights are applied and the consequences of their violation are complex and vary depending on the jurisdiction and the specifics of the case.
Therefore, anyone facing OBX criminal charges should be fully aware of their Miranda rights and the implications of these rights for their legal situation.
The Danny Glover Law Firm helps people facing criminal charges on the Outer Banks, including things like:
Is it a “Technicality” when Law Enforcement Crosses the Line?
Saying someone “got off on a technicality” is a pejorative way of describing situations where criminal charges are dismissed due to procedural errors or violations of constitutional rights by law enforcement.
However, calling these dismissals “technicalities” trivializes the fundamental importance of the Constitution and the legal safeguards it provides.
When charges are dropped because the police did not follow the rules, it’s not a loophole being exploited; it’s the justice system working as it should, upholding the law and protecting individual rights – Danny Glover, Outer Banks DUI Attorney
These so-called “technicalities” are, in reality, critical components of the legal process, grounded in the Constitution.
The right to remain silent, for instance, stems from the Fifth Amendment, which protects against self-incrimination.
It acknowledges past excesses by law enforcement, where people accused of criminal wrongdoing were subjected to physical abuse in order to extract a “confession.”
The Fifth Amendment helps ensure that individuals cannot be compelled to testify against themselves, a principle that is vital to maintaining the fairness and integrity of the criminal justice system.
The right to legal counsel, enshrined in the Sixth Amendment, is another cornerstone of our legal system.
It guarantees that anyone accused of a crime has the right to be represented by an attorney.
This right ensures defendants can effectively navigate the complexities of legal proceedings and mount a proper defense, particularly in a system where the power imbalance between the state and the individual is significant if not overwhelming.
The Fourth Amendment protects individuals from unreasonable searches and seizures, requiring law enforcement to have probable cause for arrests and searches.
The 4th Amendment is fundamental to safeguarding personal privacy and preventing arbitrary and unjustified intrusions by the state.
The requirement for probable cause ensures that there are legitimate grounds for suspicion before someone’s rights can be infringed upon.
Additionally, the reasonable suspicion standard, which also derives from the Fourth Amendment, sets a threshold below probable cause.
Reasonable Suspicion allows law enforcement to briefly detain and investigate individuals if there are specific and articulable facts suggesting criminal activity.
This standard, while lower than probable cause, still provides a constitutional safeguard against arbitrary police action.
When the police fail to adhere to constitutional requirements, it’s not a mere technicality. It’s a breach of the legal framework that governs law enforcement conduct.
Dismissing charges in such cases is not about letting someone off the hook; it’s about maintaining the integrity of the justice system and ensuring that the rules apply to everyone equally.
This includes both those accused of breaking the law and those tasked with enforcing it.
The irony, if not hypocrisy, in criticizing individuals for breaking the law while excusing law enforcement from following it, is stark.
Upholding the Constitution means respecting and enforcing these rules without exception.
Dismissals due to constitutional violations are a reminder that the justice system values the rule of law and the protection of individual rights above all.
They are a testament to the importance of these constitutional protections in maintaining a just and fair society.
Representing Yourself in Court: Both a Legal Right and Big Mistake
The old adage “He who represents himself has a fool for a client” holds considerable weight in legal circles to this day.
A modern-day way of saying that might be, Courtroom DIY: The High Cost of Self-Representation.
Take the Advice of some Prudent Friend; for he who will be his own Counsellour, shall be sure to have a Fool for his Client – William De Britaine, 1682
Choosing to represent yourself in court is a decision fraught with significant risks and challenges.
Known as “Pro Se” representation, which is Latin “on one’s own behalf” or “for himself,” places a criminal defendant at a
tremendous disadvantage, primarily due to the intricate and complex nature of the law.
That’s true for felony charges as much as it is for a serious DUI in North Carolina.
After graduating college, attorneys spend three years in law school, followed by the rigorous process of passing the Bar Exam and mandatory annual CLE – Continuing Legal Education, to make sure they are prepared to navigate the legal system.
Comprehensive, challenging legal education and training are not just formalities. They are an essential aspect of our criminal justice system.
Every defense attorney, every prosecutor, and every judge has gone through that process and passed the very high hurdle of professional licensure.
Lawyers in court, irrespective of who they represent or where they sit in the courtroom, are all highly trained.
The law is not just a set of rules; it’s a complex interplay between legal precedents, procedural intricacies, and the art of legal argumentation and negotiation.
When people facing criminal charges attempt to represent themselves in court, they often do so under the misconception that their understanding of the law, or their ability to argue their case, is sufficient.
Sometimes, just telling your side of the story isn’t enough. Things don’t always work out well in court.
There are rules of evidence, criminal procedures, and specific laws to consider.
The law often isn’t what people think it is or what they think it should be.
Indeed, even defense attorneys, prosecutors, and judges don’t always personally agree with every law or the logic behind certain criminal statutes.
Unfortunately, some people go into court thinking they’re going to give the system ‘what for’ and end up getting a harsh lesson in reality – Danny Glover, OBX Lawyer
Criminal defense legal representation involves much more than just presenting facts or arguing a point.
Central to an effective defense is strategic decision-making, an understanding of the legal nuances and logic behind the law, and the ability to navigate procedural landmines that can significantly impact the outcome of a case.
Pro Se defendants, lacking the legal training and experience of seasoned attorneys, can quickly find themselves outmatched and ill-equipped to handle the demands of a legal proceeding.
If and when things go south, some mistakenly assume the judge will bail them out and tell them what to do.
That just isn’t the case.
Neither judges nor prosecutors are allowed to give legal advice or advise a Pro Se defendant what to do.
You truly are on your own if you proceed Pro Se in court.
Our system of justice is adversarial in nature.
The other side (the State – represented by the Assistant District Attorney) isn’t there to help you out or offer advice.
You will be held to the same legal requirements as a licensed criminal defense lawyer.
You will be expected to know the laws, criminal procedures, and local rules and be held to those strict standards.
Serving as your own attorney means you are acting as a criminal defense attorney.
Failure to comport yourself as such can have dire consequences.
Everyone Has a Plan Until They Get Punched in the Mouth – Mike Tyson
Self-represented defendants are often unaware of basic legal principles or procedural requirements, leading to critical mistakes that can adversely affect the disposition of their criminal charges.
While you may have the right to represent yourself in court, the lack of legal training and knowledge typically leads to suboptimal outcomes.
It’s not just about knowing the law; it’s about understanding how to apply it effectively in a legal setting.
The legal system, with its own language, procedures, and customs, is a complex arena.
Criminal defense attorneys have a deep understanding of the law and know how to strategize within the system.
They are adept at negotiating with prosecutors, objecting to improper questions or evidence, and helping ensure that a defendant’s rights are protected throughout the process.
It sure may look easy. I promise you, it isn’t. And the advice friends give, as well-meaning as it may be, rarely gets the job done – Danny Glover, Outer Banks Attorney
The complexities of the legal system in North Carolina demand not just knowledge of the law but an experienced hand in navigating its intricate landscape.
The decision to go Pro Se can lead to dire consequences, making it a path fraught with risk and, sometimes, substantial regret.
The importance of professional legal representation cannot be overstated, especially in a system where extensive knowledge and experience play pivotal roles in determining the course of justice.