Misdemeanor Defense Attorney In Raleigh, NC
Chris handles a wide variety of misdemeanor charges for his clients. The most common misdemeanor cases that Chris handles are possession of marijuana, larceny, and assault because these cases are the most frequently charged.
The typical possession of marijuana case begins when the defendant commits a minor traffic violation. This traffic violation allows the officer to stop the defendant’s vehicle to issue a citation. When the officer approaches the vehicle, he or she often smells an odor of marijuana, which when combined with additional factors, gives the officer probable cause to search the vehicle. Frequently, the defendant also consents to a search and admits to the officer that marijuana is in the vehicle. Defenses in marijuana cases arise most often when challenging reasonable suspicion to stop, probable cause to search, and difficulty proving beyond a reasonable doubt that the Defendant actually possessed the marijuana. The latter defense often arises when multiple people are in the vehicle, and no one accepts responsibility for the marijuana that the officer found. Many defendants in drug possession cases qualify for deferrals that involve taking drug education classes and that result in the dismissal of the charges.
Larceny cases most frequently occur when clients attempt to take property from stores. In these cases, the State generally needs more than the charging officer to prove the case because this officer did not actually witness the incident. As a result, larceny cases are often dismissed because the witness, who usually is the loss prevention officer of the store, does not come to court. If the witness does show up in court, Chris often secures a deferral for his client that involves doing community service to earn a dismissal.
Like larceny cases, assault cases often require a witness other than the charging officer if the State is going to have a chance of proving the elements of the offense beyond a reasonable doubt. The witness typically is the alleged victim of the assault, but often, law enforcement charges both parties involved in the altercation. Assault cases that do not involve a domestic relationship often result in a dismissal because the witness does not appear in court or because the witness does not wish to prosecute the case.
While possession of marijuana, larceny, and assault are three of the most common misdemeanor cases that Chris handles, he also handles a range of other charges. These charges include possession of controlled substances, possession of paraphernalia, underage consumption of alcohol, possession of an open container of alcohol, public consumption of alcohol, intoxicated and disruptive behavior, injury to real property, injury to personal property, simple affray, assault on a female, assault by pointing a gun, assault on an unborn child, sexual battery, communicating threats, stalking, cyber stalking, shoplifting, concealment of goods, possession of stolen property, unauthorized use of a motor vehicle, and other offenses.