Murder Manslaughter Homicide Cases in North Carolina
- Exercise Your Right to Remain Silent. . .and Remain Silent
- “Cooperating” with a Criminal Investigation is NOT Required
- Speaking with an Attorney prior to giving any statement is both advisable and allowed
- Consultation with a Lawyer is NOT Evidence of Guilt
- Exercise Your Right to an Attorney Early On
- Clearly Express your Desire to Consult with Legal Counsel
- Call an Attorney Experienced with Homicide Cases Immediately
- Remember “Jail Calls” May Be Recorded
Calling a Lawyer without delay, especially if a matter is developing or has just occurred, is extremely important – Bill Powers
If you or someone you care about is facing charges or allegations involving the death of another, please contact legal counsel. Don’t go it alone.
Whether it is our firm or another law office in North Carolina, it is generally better to involve an attorney early-on in the process. The consultation for such cases, even if extremely serious, is confidential. At Powers McCartan, PLLC the initial consultation is also free of charge.
As an attorney whom handles serious felony cases, I regularly wish clients had called earlier, especially before giving a statement – Bill Powers
Law Enforcement have a job to do. Indeed, it is often the best and brightest detectives whom are assigned Homicide Murder and Manslaughter investigations in North Carolina.
Detectives are almost always polite, professional, and well-trained. They are experts in quickly assessing a situation and drawing conclusions. They understand human nature and are versed in the laws associated with searches, seizures, warrants, statements, and confessions.
And while it may not seem entirely fair, law enforcement are not required to share all they know. Stealth and strategy are weapons in the arsenal of the police officer. (Sorrells v. U.S.)
See More: ARE MIRANDA RIGHTS REQUIRED?
Confessions: What Can Police Do?
Police cannot use physical force, or the threat of force, to obtain a statement or confession; but, the use of deception during interrogation is allowable in certain circumstances.
Miranda Rights are commonly misconstrued and subject to a fair amount of misunderstanding by the general public. “The Right to Remain Silent” is not absolute. There are important exceptions.
A careful consideration of the factual circumstances as to the manner in which a statement is obtained is often crucial. Voluntary Statements or Confessions, where the accused is not in custody or cannot reasonably inferred as “custodial,” may be entirely legal and therefore admissible as evidence.
One of the most common misunderstandings involving improperly gathered statements is that the result is a dismissal. Even if improper, the State may be able to proceed with other, additional evidence of a crime.
Asking to speak with an attorney is NOT something bad. It is a Constitutional Right. . .as is the Presumption of Innocence – Bill Powers
And while certain deceptions may be employed, misstatements of law, legal rights, and constitutional protections generally are not tolerated by Courts.
Where Do You Help?
Powers McCartan, PLLC attorneys are licensed to practice law throughout the State of North Carolina. And while based in the Charlotte-Metro region, our lawyers regularly travel far-and-wide, helping people.
Bill Powers has tried Jury Cases and handled significant matters as far west as Murphy, North Carolina in Cherokee County and as far east as Havelock and New Bern, in Carteret County.
I have experience in a fair number of different jurisdictions throughout North Carolina and am not adverse to travel. In seeking legal counsel I encourage people to consider the training, experience, and the bedside-manner of an attorney. The location of an attorney’s office is generally less relevant than good-old-fashioned hard work, trial skills, and compassion. – Bill Powers
Questions to Ask a Lawyer:
- Have you ever tried a Murder Case?
- Did the Murder Charges also involve Manslaughter Allegations?
- How Do You Investigate Murder Manslaughter and Fatality Cases?
- Are Those Types of Cases Different?
- Have You Negotiated a Murder or Manslaughter Plea?
- How Did You Prepare for a Plea?
- How Many Homicide Cases Do You Take a Year?
- What experience do you have Dealing with the Media?
- Do You Lecture or Teach Continuing Legal Education?
- Have You Won Any Professional Awards or received Recognitions?
- Are You a Criminal Law Specialist?
- Are You Active or a Leader in the Legal Community?
- How Many Years Have You Practiced?
- Have You Ever Picked a Jury?
- How Important is Preserving the Record?
Vehicular Homicides, Felony and Misdemeanor Death by Vehicle
While it may not be immediately apparent, North Carolina does prosecute cases for Murder, Manslaughter and Death by Vehicle for offenses involving things like DWI Impaired Driving, Reckless Driving and other Motor Vehicle Violations.
Intent is not always required. Law Enforcement and Prosecutors in North Carolina consider:
- Factual Background and Cause of Wreck
- Intervening Legal Issues
- Exceptionally Reckless or Dangerous Driving
- History of Offenses
Questions to Ask a Lawyer – Vehicular Homicide Defense in North Carolina
- Have You Ever Handled an DWI Impaired Driving Murder Case?
- Have You Ever Handled an Traffic Related Fatality in North Carolina?
- How are DWI Murder Manslaughter Cases Different?
- What Training Have You Received in Impaired Driving Offenses?
- WhatTraining Have You Received in Standardized Field Sobriety Tests?
- Have You Taught or Hosted Seminars of Traffic Related Fatalities, DWI, Impaired Driving?
- What Professional Awards or Legal Recognitions have you received?
North Carolina Homicide Charges You Could Face
When we take on your homicide case, one of the first things we do is determine your specific charges. Were you charged with murder or manslaughter? If a vehicle was involved in the death, you might face a different charge. Thus, you could face any of the following:
- Vehicular Homicide
Each of these offenses takes a different approach and each can have different legal consequences. Some of our clients face multiple criminal charges. In such cases, our attorneys are capable of managing the complexities. Once we understand the specifics of your North Carolina homicide case, we can start to implement your defense.
North Carolina Manslaughter Defense Attorneys
When you retain a Powers McCartan, PLLC homicide defense attorney, we take stock of the potential penalties you’re facing. We review the Discovery and the background allegations.
We explain the Courts, the Legal Process, and How the System Works. As part of that review, we find it important to also discuss the best-case, worst-case and the possible outcomes as Trial.
For example, manslaughter convictions can lead to years in prison and a criminal record that is very difficult to overcome in the workplace. Though the possibility of facing these consequences may seem overwhelming, our experienced team can assess your case and advise you of an appropriate defense.
charged with a felony in North Carolina, we’re here to help. There may be certain rights to a bond hearing, a probable cause hearing and the ability to gain certain important documents from the state of North Carolina called discovery, call us now.
Choosing the right North Carolina homicide defense lawyer is critical because a conviction can result in significant prison sentences. Our Powers McCartan homicide defense lawyers will seek witnesses, strenuously question evidence and make a clear case to the judge or jury about your charges. In addition, our experienced lawyers are up to the strain of handling intense media scrutiny, unsettling evidence and the pressure of the courtroom.
Contact a North Carolina Murder Manslaughter Defense Lawyer
Murder, manslaughter and homicide are serious offenses. If you have been charged with any of these crimes, contact Powers McCartan for a free consultation. Contact us now to discuss your North Carolina homicide defense: (704) 342-4357.