Goolsby Law Firm

Right to Remain Silent

Mon, 21 Oct 2024 17:21:00 GMT

Right to remain silent means shut your mouth

How to Avoid the Maximum Sentence in Court

If you want to make sure you get the absolute maximum sentence possible, and the state throws everything they have against you (which, of course, you don’t want to do), here's a simple way to do it: show up late to court, argue with the bailiffs, clash with the prosecutor, and ignore the judge.
When you're called up, don’t have an attorney. This way, you’ll make requests that can't be fulfilled, and you’ll become a nuisance to the court. A bad attitude will only be met with a bad attitude from those in charge—the judge, bailiff, courtroom clerk, and prosecutor—all of whom have significant control over your case and your life.
But what should you actually do to avoid this?

Show up on time – Punctuality is a sign of respect.
Dress well – Wear the nicest suit and tie you can afford to show professionalism.
Be respectful – Use polite language like "yes sir," "no ma'am," and answer questions respectfully.
Follow the process – Sit through the proceedings, answer questions, and respect the court's rules.

If you aren’t represented by an attorney, you might agree to bad outcomes in your case that could have been avoided. I call it the "full harassment package." This includes supervised probation instead of unsupervised, fines that could have been waived, or having court costs combined instead of separated. These situations can be avoided when a real attorney, who knows what they’re doing, is representing you.
I often say that practicing law without a lawyer is like practicing self-dentistry. You can do it, but it probably won’t turn out well. The good news is, if you need help, just reach out to me. I can give you guidance, tell you what I can do for you, or at least send you in the right direction, often for free with a text or phone call. Don’t sit around worrying about what you don’t understand—I’m here to help.
God bless.
Need help with your case? Contact us directly here.

Winning Is the Plan: See the Prosecutor's Cards

Wed, 13 Dec 2023 22:08:00 GMT

The Power of Open File Discovery in Criminal Defense

As a criminal defense attorney, having a strategic advantage can significantly impact the outcome of a case. In my county and state, this advantage comes in the form of 'Open File Discovery.' But what exactly does this mean? Open File Discovery is a practice where the state is required to provide defense attorneys with all the crucial case materials. This includes officers' notes, videos, witness statements, and any other evidence that might be used against my client.

The Benefit of Complete Information

Having access to such a comprehensive set of information is akin to seeing all the cards in a game of poker. While it doesn't guarantee a win, it certainly helps in preparing a robust defense strategy. Knowing exactly what evidence the prosecution holds allows me to anticipate their moves and plan accordingly. It's a unique aspect of practicing law in my region and plays a crucial role in ensuring that I can prepare fully for each case.

Preparing for Every Possibility

This level of transparency is crucial. It allows me as a defense attorney to understand every detail of what's against my client. With this knowledge, I can effectively plan and prepare for various scenarios, increasing the chances of a favorable outcome. It's not just about countering the prosecution's moves; it's about being several steps ahead, ready for every possibility that might unfold in the courtroom.

Involving Clients in Their Defense Process

In any criminal case I handle, client involvement is a key aspect of building a strong defense. If I'm representing you, it's imperative that you're not just a spectator in your own defense. I ensure that every client sees, reviews, and understands all the information relevant to their case. This collaborative approach involves your active participation, where you provide insights, comments, and feedback.

The Importance of Thorough Review

A robust defense is built on the foundation of thorough preparation and knowledge. Together, we go through all the evidence, ensuring nothing is overlooked. This might include reviewing challenging-to-obtain materials, like video evidence. Obtaining these pieces of evidence might require extra effort, but they are often crucial to the case.

Your Perspective is Crucial

Your input as a client is invaluable. You might notice discrepancies in the officer's notes or witness statements that don't align with the truth. Perhaps there are missing witnesses who could provide essential testimony in your favor. Your perspective on these elements is vital. It helps us identify inaccuracies or gaps in the prosecution's narrative, strengthening our defense strategy.

Maximizing Defense Strategy and Understanding Legal Burdens

In criminal defense, especially in cases involving automobiles (like DWIs, crashes, or incidents resulting in fights), the accuracy of the incident's description is crucial. If the description of the area where the incident occurred is incorrect, it's essential to correct these inaccuracies. The layout, location details, and sequence of events can significantly impact the case's direction. Therefore, it's vital to scrutinize every detail and ensure they reflect the truth accurately.

Building a Strong Case

The defense strategy involves two key components: strengthening your case and challenging the state's case. Every piece of evidence that can be used to fortify your defense is valuable. At the same time, it's crucial to identify and exploit any weaknesses in the state's case. This dual approach is central to devising a robust defense strategy.

The Burden of Proof in Criminal Cases

One of the most fundamental principles in criminal law is the burden of proof. It's important to remember that in criminal cases, the state carries the burden of proving each element of the charge against you beyond a reasonable doubt. This is a high standard in law. Unlike what many might think, you don't have to prove your innocence; the state must prove your guilt. You are presumed innocent until proven guilty.

Your Rights and Our Commitment

As a criminal defense attorney, my role is to safeguard your rights and remind you of these principles. You walk into court presumed innocent, a notion central to our justice system. My commitment is to provide the best defense, answer your questions, and guide you through this process, ensuring that your rights are always protected and your voice is heard.

Click here to contact Goolsby Law for assistance.

How Photos/Videos Can Save You Legally

Wed, 13 Dec 2023 21:58:00 GMT

The Power of Visual Evidence in Legal Cases

People often say a picture is worth a thousand words. But let's take that a step further. Imagine a picture or a video not just speaking a thousand words but also being worth thousands, tens of thousands, hundreds of thousands, or even millions of dollars. This is especially true in the realm of legal battles, where visual evidence can play a pivotal role.

A Real-Life Example: The Case of Crucial Video Evidence

Consider a real-life scenario that I encountered recently. I was dealing with a highly significant legal case where the absence of video evidence would have made it extremely difficult for my client to prove their point. Fortunately, we had access to an incredible video. Obtaining this footage was not easy. The lawyers involved worked tirelessly to secure it, fully aware that the opposing party would have preferred it never to see the light of day.

The Impact of Visual Evidence on Legal Outcomes

The existence of this video completely transformed the dynamics of the case. It served as irrefutable evidence, strongly supporting my client's claims. In legal disputes, such compelling visual proof can be a game-changer. It can mean the difference between winning and losing a case, between justice served and justice denied.

The Importance of Gathering Evidence

I want to emphasize the importance of collecting evidence in any legal scenario, be it a criminal case or a personal injury situation. The type of evidence you gather can range widely – from phone calls, photographs, and videos to text messages and emails. The key is to collect whatever evidence you can, as it can significantly strengthen your case.

Practical Tips for Evidence Collection at the Scene

For instance, imagine you're involved in an accident. At the scene, witnesses may approach to check on you or to offer their account of the incident. In such moments, it's crucial to have the presence of mind to collect their contact details. You might also consider recording their statements on your phone, taking photographs of the scene, and capturing any relevant details like license plates of vehicles involved.

Making the Most of Witness Statements and Physical Evidence

If someone is willing to make a statement on video, seize that opportunity. Every piece of evidence counts. It's also wise to make contemporaneous notes – jotting down what happened, who said what, and any other observations. These details can be invaluable in reconstructing the event and establishing the facts.

The Consequences of Not Collecting Evidence

I can't stress enough how many cases have been compromised due to a lack of evidence. Often, people will recall a helpful bystander or witness, but without their contact information or a recorded statement, their testimony is lost. This can be particularly damaging if the other party involved in the incident disputes your account. Without concrete evidence, proving your case becomes significantly more challenging.

Maximizing Your Legal Defense with Thorough Documentation

In the realm of legal disputes, the adage 'more is better' couldn't be truer, especially when it comes to documentation. A well-documented case is a strong case. It's essential to remember that the more evidence and documentation you have, the better equipped you are to avoid potential legal troubles and to solidify your position in court.

How Detailed Records Can Make a Difference

The significance of thorough record-keeping cannot be overstated. In any legal situation, having extensive records and evidence not only strengthens your case but also provides your attorney with the necessary tools to advocate effectively on your behalf. Whether it's proving your innocence, asserting your rights, or claiming damages, detailed documentation can often be the deciding factor in the courtroom.

A Personal Commitment to Assisting in Legal Matters

I understand that navigating through legal processes can be daunting and often confusing. That's why I am always here to help. If you have any questions, concerns, or need guidance, don't hesitate to reach out to me. Whether you prefer a voice call or a text message, I'm committed to providing the support and advice you need to effectively manage your legal matters.
Click here to contact Goolsby Law for assistance.

Using the Discovery Rules to WIN Your Case

Wed, 13 Dec 2023 20:03:00 GMT

Introduction to the Burden of Proof

reason behind this is rooted in a fundamental principle of law: the burden of proof lies with the state. This concept is crucial for anyone stepping into a courtroom, especially those facing charges.
Presumption of Innocence When you enter a courtroom, it's important to remember that you are presumed innocent. This presumption is a cornerstone of the legal system. It means that the state is required to prove each element of the charges against you beyond a reasonable doubt. As the defendant, you are not obligated to prove your innocence.
Gathering Evidence: The Attorney’s Role Understanding the burden of proof leads to a proactive approach in defense strategy. This is why I make it a point to gather all possible evidence, including officer's notes, witness statements, and videos. It’s essential for my clients to have access to everything that could be used against them in court.
Accessibility and Diligence in Evidence Collection Accessibility to this evidence can vary. When it's readily available, we seize the opportunity to review it thoroughly. However, there are instances when certain pieces of evidence are not easily accessible. In such situations, it becomes my responsibility to work diligently to obtain this information. It's a crucial part of ensuring that my clients are fully aware of all the evidence that might be used against them.

Leveraging Discovery to Your Benefit

The concept of discovery in legal proceedings is not just a procedural formality; it's a strategic advantage for defendants. Understanding this aspect of the legal process is crucial for anyone preparing for a courtroom battle.
Mandatory Disclosure by the State One of the most significant aspects of discovery is that the state is obliged to provide you with all the evidence they plan to use against you. This isn't just a courtesy; it's a legal requirement. The disclosure of evidence includes everything from witness statements to video recordings and other pertinent documents.
Preparation and Strategy This mandatory sharing of information offers a substantial benefit. As a defendant, knowing what the state will present in court allows you to prepare adequately. You won’t be caught off guard; instead, you’ll have the opportunity to formulate a counter-strategy, understand the strengths and weaknesses of your case, and consult with your legal team on the best course of action.
The Psychological Edge in the Courtroom Walking into a courtroom with prior knowledge of the state's evidence provides not just a legal advantage but a psychological one as well. Being informed and prepared reduces anxiety and increases confidence. This level of preparedness can significantly impact how you present yourself in court and, consequently, the outcome of the case.

Understanding the Verdict: Not Guilty vs. Innocent

A fundamental aspect of the legal system, often misunderstood, is the concept of the verdict in criminal court. It's crucial to know that in the realm of criminal law, a defendant is never found "innocent." The verdicts are either "guilty" or "not guilty." This distinction is more than just semantic; it reflects the core principle of the burden of proof in criminal cases.
The State’s Responsibility to Prove Guilt The onus is entirely on the state to prove that a defendant is guilty. This is a tall order, as they must establish guilt beyond a reasonable doubt for each charge. The idea that a defendant must prove their innocence is a common misconception. In reality, it's the complete opposite; the state must prove your guilt.

Empowering Defendants with Legal Knowledge

Understanding this aspect of the legal system is empowering for defendants. It underscores the importance of a robust defense strategy focused on challenging the state's ability to meet its burden of proof. Rather than attempting to prove innocence, the defense can concentrate on poking holes in the prosecution's case.
Collaboration with Your Attorney This knowledge is not just theoretical; it plays a practical role in preparing your defense. Working closely with your attorney, you can strategize ways to counter the prosecution's arguments effectively. Knowing that the burden of proof lies with the state can guide your defense tactics, helping you and your attorney build a stronger case.
Conclusion: The Importance of Legal Guidance Finally, remember that navigating the complexities of the legal system, especially the nuances of proving guilt, is challenging. That's where experienced legal counsel comes in. As an attorney, my role is to guide, inform, and represent you throughout this process, ensuring that your rights are protected and your case is presented effectively.
Click here to contact Goolsby Law for assistance.

How a Lawyer Can Save You From Getting Burned

Wed, 13 Dec 2023 19:43:00 GMT

Introduction: The Misconception of 'Just Telling It to the Judge'

In the world of legal disputes and courtroom dramas, a common phrase echoes through the halls: "I'll just tell it to the judge." It's a statement I often hear from individuals facing legal challenges, reflecting a widespread misunderstanding of how the court system actually works. This introductory section of our blog post delves into the critical role of lawyers in navigating the complexities of the legal system and ensuring your rights are safeguarded.
Understanding the Court System: More Than Just Facing the Judge Many people enter the courtroom with the notion that simply presenting their case to the judge is sufficient. However, the reality is often more complex. In situations where you've either pled guilty, possibly without fully grasping the consequences, or have been found guilty, the intricacies of legal proceedings can be overwhelming and confusing.
The Essential Role of Lawyers in Legal Proceedings What exactly do lawyers do for their clients in these scenarios? Our primary role goes beyond just legal representation; it involves demystifying the court system for our clients. We strive to ensure that you, as a defendant or a litigant, fully understand the proceedings and the implications of each decision made in your case. Our goal is not only to represent you but to ensure that your rights are not compromised and that you are not unjustly penalized in a system that can be unforgiving to the uninitiated.
The Lasting Legal Shadow: A Permanent Record This section serves as a stark reminder that no legal charge, however minor it might seem, should be taken lightly. A conviction, whether it involves incarceration or not, leaves a lasting mark on your legal record. This can have far-reaching effects on various aspects of your life, from employment opportunities to personal relationships.

The Surprising Reality of Minor Legal Offenses and Their Major Impacts

In my daily observations in courtrooms, I am continually astounded by the number of individuals who casually stroll into court, often underestimating the severity of their legal issues. This section of our blog post highlights the potential long-term consequences of what many perceive as minor legal offenses, such as a speeding ticket, and emphasizes the importance of taking every legal charge seriously.
The Hidden Costs of 'Minor' Traffic Violations Let's consider the common example of a speeding ticket. While it may seem like a trivial matter, the repercussions extend far beyond a one-time fine. Such violations can lead to points on your driving record, significantly increasing your insurance rates for years. In some cases, these accumulated points can even jeopardize your driving privileges, impacting your ability to afford and maintain a driver's license.
The Underestimated Severity of Non-Jail Time Offenses Moving beyond traffic violations, let's delve into more serious charges, such as those involving allegations of violence. For instance, a charge of simple assault, even for a first-time offender, can result in a $250 fine. While this may not lead to jail time, especially if there's no prior criminal history, the long-term implications are profound. A conviction of this nature categorizes you as a violent criminal for the rest of your life, altering your public record and personal reputation indelibly.

THE CRITICAL IMPORTANCE OF LEGAL REPRESENTATION

The Critical Importance of Legal Representation As we conclude this insightful journey through the complexities of the legal system, it's crucial to reflect on the significant impact of legal issues on our lives. My constant amazement at how casually some individuals treat serious legal matters, such as DWI charges, underscores the need for professional legal advice.
The Consequences of Underestimating Legal Charges Consider the example of a DWI (Driving While Intoxicated) charge. It's not just a temporary inconvenience; a DWI can revoke your driving privileges for at least a year and label you as a substance abuser. These are serious, long-term consequences that can drastically alter your life's trajectory.
The 'Broken Tooth' Analogy: Seeking Expertise When Needed I often use the analogy of a broken tooth to illustrate the importance of seeking expertise in times of need. Just as you wouldn't use pliers to fix a dental issue, navigating legal troubles requires specialized knowledge and skills. The first and most crucial step should be consulting a lawyer. This initial consultation, often free of charge, is pivotal in understanding your situation and conducting a cost-benefit analysis of your legal options.

Your Advocate in the Legal Arena

In a courtroom, your attorney is the only person unequivocally on your side. While the prosecutor aims to build a case against you, and the judge serves as an impartial arbiter, your lawyer's sole focus is to advocate for your best interests and rights. Without proper legal guidance, presenting your truth effectively can be a daunting challenge.
Final Thoughts: Always Here to Help Remember, in legal matters, it's always advisable to seek professional guidance. As a dedicated legal professional, I am always here to discuss your situation, help you understand the implications of your case, and serve as your advocate in court. Never underestimate the power of having a knowledgeable attorney by your side.
Click here to contact Goolsby Law for assistance.

Three Top Traits You Need in a Lawyer

Wed, 13 Dec 2023 17:48:00 GMT

The Key Qualities of an Exceptional Lawyer

When embarking on the journey to find a lawyer, it’s crucial to know what makes an attorney not just good, but exceptional. There are three essential traits that stand out: expertise, empathy, and tenacity. Let's delve deeper into each of these qualities to understand why they're vital in your search for the right legal representation.

1. Expertise in Their Field

The foremost quality you should look for in a lawyer is unquestionable expertise. This means finding someone with a deep understanding and experience in the specific area of law relevant to your case. It’s not just about having a law degree; it’s about having a track record of success in cases similar to yours. A lawyer with the right expertise can navigate the complexities of the law with ease, offering you the best chance for a favorable outcome.

2. Genuine Care and Commitment

A truly great lawyer sees beyond the financial aspect of a case. They care about you and the unique circumstances of your case. This trait is about finding a lawyer who invests time in understanding your situation and shows genuine concern for your wellbeing. They should be someone who treats you with respect and empathy, not just as another client. The right lawyer believes in your case and is committed to fighting for your rights.

3. The Will to Fight for You

Lastly, the third trait to look for is a relentless will to fight for your interests. This means having a lawyer who is proactive, aggressive when necessary, and never shies away from challenges. Whether it's negotiating settlements or representing you in court, your lawyer should be a fierce advocate on your behalf. Tenacity is what differentiates a lawyer who merely does the job from one who goes above and beyond to secure the best possible outcome for you.

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Finding a lawyer with a combination of these three traits – expertise, genuine care, and tenacity – is key to having a successful legal partnership. These qualities not only ensure that your lawyer is highly capable but also dedicated to your case with the determination to fight for your rights.

30 Years in the Legal Arena

When we talk about knowledge in the legal field, it's about more than just understanding the law. It's about having hands-on experience. Take, for instance me, a seasoned lawyer who has been practicing for 30 years, trying hundreds of cases. This level of experience is invaluable. Being in court five days a week, dealing with multiple cases each day, demonstrates not just proficiency, but a passion for the courtroom. This kind of lawyer doesn't just know the law; they live it.

Genuine Care and Understanding

Caring for a client goes beyond the superficial understanding of their case. It involves listening intently, truly empathizing with their situation, and understanding the long-term impact the case might have on their life. A lawyer with this trait realizes that if a case isn't handled correctly, the consequences can be life-altering. This deep level of understanding and empathy is what separates a good lawyer from a great one.

Relentless in the Fight for Justice

The third trait underscores the importance of having a lawyer who is not just willing to fight but is eager to do so. This lawyer sees every reason to fight for your case, understanding that the true essence of advocacy is not in surrendering but in strategizing and battling for the best possible outcome. They recognize that while it might be easy to plead guilty, the real challenge, and their true strength, lies in diligently fighting for their client's rights, especially for those who are scared and feel overwhelmed.

The Path to Resolving Legal Challenges

Resolving legal issues is often a complex and time-consuming process. As highlighted by an experienced lawyer, getting into trouble might happen quickly, but getting out of it requires much more: work, dedication, knowledge, and experience. These elements are fundamental in navigating the intricacies of the legal system. A good lawyer understands that each step towards resolution demands meticulous attention to detail and a steadfast commitment to the client's cause.

Caring Beyond the Case File

What truly sets a great lawyer apart is their approach to personalized care. It's about being there for the client, not just as a legal professional but as a supportive figure who can guide and reassure them through challenging times. A lawyer like Thom Goolsby highlights this personalized approach, emphasizing their availability and willingness to discuss and understand every aspect of a client's case. This level of involvement and empathy can make a significant difference in the client's experience and the case's outcome.

Reach Out for Expert Guidance

In conclusion, if you find yourself in need of legal assistance, remember that the path to resolution is paved with dedication, knowledge, and personalized care. Lawyers who embody these qualities, like Thom Goolsby, are not just legal representatives; they are dedicated advocates committed to your well-being and success. If you're facing legal challenges, don't hesitate to reach out for expert guidance. A conversation with a caring and experienced lawyer can be the first step towards navigating your legal journey with confidence.

Click here to contact Goolsby Law for assistance.

How NOT to Screw Up Your Case

Wed, 13 Dec 2023 17:28:00 GMT

Essential Courtroom Etiquette

When facing legal proceedings, it's critical to understand the impact of your behavior in court. Many people unknowingly sabotage their own cases by disregarding basic courtroom etiquette, which can lead to severe consequences. Let's explore some common mistakes to avoid and how proper conduct can significantly influence the outcome of your case.

The Perils of Poor Courtroom Conduct

Arriving late, arguing with court officials, or appearing without an attorney can dramatically tilt the scales against you. Such actions convey disrespect and a lack of seriousness about your case. When you don't listen to the judge, argue with the bailiffs, or challenge the prosecutor, you're not just making a bad impression – you're potentially aggravating the very people who hold significant sway over the decision in your case. Remember, a bad attitude often begets a bad attitude in return, and in a courtroom, this can be detrimental. The judge, bailiffs, courtroom clerks, and prosecutors are key figures who can influence your case, and antagonizing them is a surefire way to jeopardize your position.

How to Positively Influence Your Court Appearance:

Show Up On Time: Punctuality shows respect for the court and your case.
Dress Appropriately: Wear a suit or the best attire you can afford. This demonstrates that you take the proceedings seriously.
Be Respectful: Address everyone with "Yes, Sir," "No, Sir," "Yes, Ma'am," or "No, Ma'am." Respect is crucial in the courtroom.
Follow Legal Advice: If you have an attorney, listen to their guidance. If not, consider seeking legal assistance to navigate the process correctly.
Stay Calm and Composed: Answer questions when asked and maintain a respectful demeanor throughout the proceedings.

By avoiding these common pitfalls and adhering to proper courtroom etiquette, you significantly increase the chances of a favorable outcome. While it may seem trivial, showing respect and understanding the decorum expected in court can play a pivotal role in how your case is perceived and ultimately decided.

Why You Need an Attorney

Navigating the legal system without professional representation can be likened to a treacherous journey without a map. In legal proceedings, the stakes are high, and the complexities can be overwhelming. This section highlights the critical reasons why having an attorney is not just beneficial but often essential for a favorable outcome in your case.

The Hidden Dangers of Self-Representation

The primary risk of representing yourself in court is the potential to agree to unfavorable terms without fully understanding the consequences. When you don't have an attorney, you might inadvertently accept what I call the "full harassment package." This isn't to say that the court is intentionally making things difficult for you, but rather that without expert guidance, you may end up with harsher conditions than necessary. For instance, you might get supervised instead of unsupervised probation, be required to perform community service, face hefty fines, or incur separate court costs that could have been combined or waived.

The Value of Professional Legal Representation:

Expert Negotiation: An attorney can negotiate terms more effectively, potentially reducing sentences, fines, or probation conditions.
Understanding Legal Nuances: Lawyers are trained to understand the intricacies of the law and court procedures, which can be critical in safeguarding your rights.
Avoiding Unnecessary Penalties: With legal representation, you're less likely to agree to punitive measures that are not obligatory or could have been mitigated.
Ensuring a Fair Trial: If you're not guilty, having a competent attorney is crucial for a fair trial. They can defend you effectively, ensuring that your side of the story is heard and understood.

While it might seem cost-effective to represent yourself, the long-term repercussions often outweigh the immediate savings. Attorneys do more than just argue in court; they provide guidance, understanding, and expertise that can significantly alter the outcome of your case.

Why Choosing Professional Legal Help Makes All the Difference

In this final section of our discussion, we delve into the importance of seeking professional legal assistance and how it compares to taking a DIY approach in legal matters. The analogy of self-dentistry vividly illustrates the risks involved in self-representation in court and underscores the value of expert legal guidance.

The Pitfalls of 'DIY' Legal Representation

Just as you wouldn't use a pair of pliers from a hardware store to pull out a bad tooth, representing yourself in a legal case can be equally ill-advised. The notion of playing lawyer in a courtroom might seem feasible, but the reality is often starkly different. Legal proceedings are complex and require not just knowledge of the law, but also an understanding of procedural nuances and the ability to navigate the system effectively. Without this expertise, you’re likely to encounter significant challenges and adverse outcomes.

The Benefits of Hiring a Professional Attorney

Expert Guidance: A professional attorney brings years of training and experience to the table, equipping them to handle your case effectively.
Strategic Advice: Lawyers know what strategies work best in various legal situations, helping you avoid common pitfalls and take advantage of opportunities you might not be aware of.
Peace of Mind: Knowing that a competent professional is handling your case can alleviate stress and anxiety about the legal process.
Accessible Assistance: Many attorneys offer initial consultations at no charge, providing an opportunity to understand your case and what steps you should take next, without any financial commitment.

As highlighted, the advantages of professional legal assistance cannot be overstated. It’s about more than just having someone represent you in court; it’s about having an expert who can navigate the complexities of the law, provide strategic advice, and work towards the best possible outcome for your case. In legal matters, expert guidance isn't just helpful – it's often the key difference between success and failure. So, if you’re facing a legal issue, don’t hesitate to reach out to a professional. It’s the first step towards ensuring your rights are protected and your case is handled effectively.

Click here to contact Goolsby Law for assistance.

Probation Violations: An Activated Jail Sentence May Be Only the Beginning of Your Problems

Tue, 26 Sep 2023 11:18:00 GMT

Probation Violations: Don't Let a Mistake Derail Your Future

Making a misstep while on probation can land you in jail. But activating a suspended sentence can be just the beginning of your problems.
As an experienced criminal defense attorney, I've seen how probation violations spiral out of control and leave people facing severe consequences. A violation can trigger a domino effect of punishments that can derail futures.
In this blog post, I'll explain what happens when you violate probation, the additional penalties you may face, and how an attorney can help minimize the damage.

Common Slip-Ups That Lead to Violations

Probation comes with strict rules you must follow. Failing to comply with any terms can count as a violation. Here are some common missteps that will get you in trouble:

Missing meetings with your probation officer
Failing drug or alcohol tests
Getting arrested for a new offense
Traveling outside allowed areas
Breaking curfew or ignoring geographic restrictions
Not completing required counseling or classes
Failing to pay fines, fees, or restitution

Any infraction like these is enough to trigger a violation report to the court. If the judge decides you broke the rules, probation can be revoked.

Jail Time Is Just the Beginning

The biggest consequence you face is getting your probation revoked and the suspended sentence activated. This can mean incarceration for whatever duration the judge originally imposed.
For example, if you received a 3 year suspended sentence with 2 years probation, violating probation means you could serve the full 3 years in jail.
But imprisonment is only the start...

Stacked Penalties Can Derail Your Life

Beyond jail time, you may face these additional penalties:

New criminal charges - If the violation involved illegal activity, you may be charged with new crimes. For example, driving drunk on probation would lead to DWI charges.
Loss of credit for probation served - Time spent on probation might no longer count if it is revoked. So if you successfully finished 1 year of 2, violating can mean starting over from zero.
Stricter probation terms - Judges can impose tougher probation, if they reinstate it after a violation. Expect more meetings, home visits, counseling, community service, etc.
Probation extension - The court may extend the length of your probation. So if you had 1 year left, the judge might add more time.
License suspension - In some cases, violations can trigger licensing issues.
Felony probation violation charge - If you're on felony probation, any new offense is a violation.
Loss of voting rights - With extended probation, you can continue to have your voting rights negatively affected.

As you can see, the consequences snowball and disrupt lives in major ways. The penalties dig people into an even deeper hole.

Having an Attorney Can Defend Against Violations

With so much at stake, you need to seriously consider hiring an attorney as soon as you face a violation. An experienced lawyer's advocacy can make all the difference.
Here are some of the ways we defend clients and minimize penalties:

Negotiating to avoid revocation and maintain probation
Arguing to dismiss unfounded or minor violation accusations
Advocating for reinstatement of probation, rather than jail time
Preventing "stacking of sentences” for multiple violations
Mitigating additional penalties sought by prosecutors/probation officers
Working to maintain credit for probation time already served
Avoiding suspensions, active time, and/or extensions to probation
Protecting eligibility for early release programs

Even if some jail time is unavoidable, a lawyer can protect your rights and fight to reduce damage to your future. Don't go it alone and leave your defense to chance.

Don't Go It Alone - Get Experienced Legal Help

A probation violation can place your freedom and rights at grave risk. Don’t possibly make things worse by going through it without an attorney.
Don't leave your defense to chance. Contact Goolsby Law or text 910-262-7401 to set up a free case evaluation . An experienced criminal lawyer can arm you with a strong advocate fighting for you! Get the help you need to fight maximum penalties and devastation to your future. With an attorney fighting for you, the violation doesn't have to become an unrecoverable setback.

If you or someone close is confronted with criminal charges and contemplating a plea bargain or seeks a trial, don't hesitate to contact Thom Goolsby at the Goolsby Law. He is ready to offer the guidance and representation you need to traverse the complexities inherent within the criminal justice system. You can text him right now at 910-262-7401 .

Domestic Violence: How the Tables Can Be Stacked Against You

Fri, 22 Sep 2023 13:05:00 GMT

Falsely Accused of Domestic Violence? We'll Fight to Clear Your Name.

Domestic vi olence is a disturbing epidemic affecting over 10 million adults each year in the United States. However, the complex laws surrounding domestic crimes and abuse mean the justice system is often stacked against accused person. At Goolsby Law, our team of battle-tested attorneys has seen first-hand how confusing and demoralizing the legal system can be for individuals charges with domestic violence. We are here to help you understand your rights and guide you toward justice.

What is Domestic Violence?

In Domestic violence cases there may be allegations of a pattern of abusive behaviors used by one partner to exert power and control over another in an intimate relationship. While physical abuse may come to mind first, domestic violence charges can take many insidious forms.

Physical Abuse

These allegations may include physical acts intended to hurt, intimidate or control a partner such as:

Hitting, slapping, punching, kicking
Strangling, smothering, burning
Pushing, shoving, grabbing, restraint
Attacks with weapons
Throwing things at victim
Destruction of property

Sexual Abuse

These allegations may include forced sex acts or unwanted touching/advances constitute sexual abuse. Key examples include:

Rape or attempted rape
Pressure or demands for unwanted sex acts
Treating partner in a sexually demeaning way
Knowingly exposing partner to STDs
Controlling access to birth control

Emotional Abuse

These allegations may include emotional abuse aims to undermine a victim's self-worth through words and coercive tactics:

Verbal attacks, insults, humiliation
Intimidation and threats of harm
Possessiveness and extreme jealousy
Isolation from friends/family
Stalking and harassment
Gaslighting and distorting reality

Financial Abuse

These allegations may include economic control is another potent weapon for abusers:

Forbidding employment
Restricting access to bank accounts
Withholding money for necessities
Stealing money and credit cards
Running up debt in partner's name

Why You Should Fight Domestic Violence Charges

Facing criminal charges related to domestic violence can be frightening and overwhelming. When police arrive, your first instinct may be to admit to certain actions or even plead guilty and get it over with. Do not give in to that urge. Domestic crimes can irrevocably tarnish your record and lead to devastating personal consequences. You should always demand your right to speak with legal counsel and not make statements to law enforcement.
Here are the critical reasons why you must fight allegations of domestic violence:

Avoid a Permanent Criminal Record - Pleading guilty can result in a criminal record that can severely limit job opportunities, eligibility for military service, gun ownership rights, access to student loans and housing, and much more.
Prevent Future False Accusations - Those accused of domestic violence can face repeat false allegations from abusive partners. A conviction on your record makes you vulnerable to manipulative accusers. Don't give them that leverage.
Maintain Child Custody - Domestic abuse charges can obliterate child custody rights in family court. Don't let a false or exaggerated claim cost you the relationship with your child.
Save Your Reputation - Domestic crimes carry a heavy stigma in relationships, social circles, and careers. This label is difficult to overcome. Don't let it overwhelm your future.
Regain Your Powe r - Defending yourself against wrongful allegations helps reclaim your dignity and self-respect. Don't become another helpless victim.

With so much at stake, protecting your rights and future means everything. An experienced domestic violence attorney can mean the difference between conviction and vindication.

How to Respond If You Are Accused of Domestic Violence

Finding yourself accused of domestic abuse can be emotionally shattering. While it may seem impossible to know what to do, following these steps will help protect you during this crisis:

Remain Silent - Do not try to explain yourself or provide any kind of statement to police. You have the right to remain silent. Anything you say can and will be used against you. Let your attorney do the talking.
Don't Resist Arrest - As difficult as it is, do not physically resist law enforcement, even if you feel completely wrong. Resisting arrest only adds charges and makes your situation exponentially worse.
Contact a Lawyer Immediately - Contact a qualified domestic violence defense attorney as soon as possible. An experienced lawyer is critical for disputing these life-changing allegations.
Seek Counseling for Any Issues - Demonstrating that you are seeking help for substance abuse, anger problems, or mental health concerns can help mitigate the charges against you.
Create Distance from the Accuser - Avoid all contact with the accuser, including phone, email, social media, and in person. Even innocent contact can seem threatening and may subject you to immediate arrest.
Document Visible Injuries - If you have any bruises, cuts, or other injuries from the alleged incident, ensure they are photographed and medically documented for evidence.
Gather Witnesses - Let your attorney know the names and contact information of any and all potential witnesses who may have direct or circumstantial evidence to help dispute the accusations.

By leaning on the guidance of a seasoned, domestic violence lawyer, you can safely navigate this crisis and build your strongest defense.

Why You Need an Experienced Criminal Defense Attorney

When facing accusations as severe as domestic violence, attempting to represent yourself can be exceedingly unwise. The system can be stacked against defendants in domestic crimes cases, and seasoned legal guidance is critical.
Here are the key reasons having a skilled domestic violence attorney like Thom Goolsby of Goolsby Law on your side can mean the difference between conviction and exoneration:

We thoroughly investigate the allegations and the accuser's credibility on order to identify weaknesses in the prosecution's case.
We determine if the charges have legal standing or if the statute of limitations has expired.
We negotiate aggressively with prosecutors to get charges reduced or dismissed prior to a trial whenever possible.
We file motions highlighting procedural flaws and work to suppress illegally obtained evidence.
We can retain respected expert witnesses who can educate the judge/jury on domestic violence behavioral patterns and contradict allegations.
We are fully prepared to mount a vigorous defense and litigate your case through trial if needed.
We understand the devastating collateral consequences of domestic violence convictions and will fight relentlessly to preserve your record and rights.

The skilled domestic violence attorneys at Goolsby Law are intimately familiar with the local courts and law enforcement agencies. We have successfully defended countless clients just like you against false abuse allegations and ensured their rights were protected. With us as your counsel, you can finally take a breath and rest assured your case is in good hands.

Let Goolsby Law Help You Beat False Domestic Abuse Charges

If you or someone you care about is currently facing criminal charges related to domestic violence, please call Goolsby Law today at 910-262-7401 or text us at 910-262-7401 to schedule a free, confidential case evaluation.
During this meeting, you will speak with accomplished criminal defense lawyer Thom Goolsby to:

Review the accusations against you and the available evidence
Discuss the strengths and weaknesses of your specific case
Learn about your legal rights and defense options
Develop an aggressive legal strategy tailored to fight the charges

Don't wait to act. The sooner we get involved, the better positioned we are to combat these life-altering allegations. With Goolsby Law providing skilled and tenacious representation, you can overcome fear and confusion. Contact us to take the first step toward reclaiming your power and future.

DWI Cases: Too Much is On the Line to Go to Court Alone

Fri, 25 Aug 2023 15:10:00 GMT

In the game of life, a DWI charge isn't just a hurdle; it's a maze. Let Goolsby Law be your compass.

Driving while impaired by alcohol or drugs is a serious criminal offense that can have lifelong consequences. If you or a loved one has been charged with DWI/DUI, having an experienced attorney on your side is crucial. At Goolsby Law, our team has successfully defended people against DWI/DUI charges for 30+ years. We understand how much is on the line and will tirelessly advocate on your behalf.
In this article, we'll provide an overview of DWI/DUI laws and penalties in North Carolina, discuss common defenses, and explain why working with a knowledgeable local attorney like Thom Goolsby at Goolsby Law can make all the difference in your case.

The Dangers and Penalties of DWI Charges in North Carolina

A first-time DWI/DUI conviction in North Carolina can come with severe penalties, including:

Mandatory suspension of driver's license for 1 year.
Possible active jail sentence from 24 hours to 2 years.
Fines and fees can total thousands of dollars.
Dramatically increased insurance rates.
Probation requiring abstinence from alcohol and routine screenings.
Ignition interlock device installed in your vehicle.

Further offenses lead to even harsher consequences like longer license suspensions, mandatory active jail time, and felony charges. Beyond the legal punishments, a DWI/DUI conviction can severely limit job opportunities and damage your reputation. Clearly, these charges are serious business in North Carolina.

The Profound Impact of DWI/DUI Cases

Driving while intoxicated (DWI) or driving under the influence (DUI) isn't merely a legal hiccup. It's a seismic event that can shake the very foundations of your life. To truly appreciate the gravity of a DWI/DUI charge, you must first understand its multifaceted implications.

Reputation at Risk : Today, a DWI/DUI charge isn't just a mark on your record; it's a digital footprint that can haunt your personal and professional life.
Financial Setbacks: Beyond the immediate fines, think about the skyrocketing insurance premiums, legal fees, and potential job losses.
Legal Consequences : The law doesn't look kindly upon DWI/DUI offenses. From potential incarceration to prolonged license suspension, the legal ramifications can be severe.

The Far-Reaching Consequences of DWI/ Cases

New ParagraphA DWI/DUI charge doesn't stop at legal penalties. Its tentacles can reach deep into every aspect of your life, often in ways you might not anticipate.

1. Employment Implications

In an era where background checks are standard, a DWI/DUI conviction can be a scarlet letter on your resume:
Limit Job Opportunities : Especially in sectors like transportation, healthcare, or any role requiring a security clearance. Career Stagnation : Even if you retain your job, climbing the corporate ladder might become an insurmountable challenge. Job Loss : Some companies have zero-tolerance policies, leading to immediate termination.

2. Social Implications

Society, unfortunately, often views DWI/DUI offenders through a judgmental lens:
Strained Relationships : Trust once broken can be hard to mend. Loved ones might struggle to understand or forgive. Isolation : The weight of judgment can push individuals into a cocoon, leading to loneliness. Mental Health Struggles : The combined pressures can exacerbate or lead to mental health challenges like depression, anxiety, or PTSD.

3. Future Endeavors

A DWI/DUI charge can cast a long shadow over your future aspirations:
Housing Woes: Many landlords are wary of renting to individuals with a criminal record, fearing potential liabilities. Loan Challenges : Banks and financial institutions might deem you a high-risk client. Educational Barriers: Scholarships might be revoked, or admissions denied, especially in prestigious institutions.

Common Defenses Against DWI/DUI Charges

While the penalties for impaired driving are stringent in North Carolina, an experienced DWI/DUI attorney knows how to build a strong defense to achieve the best possible outcome in your case. Some common defenses include:
Challenging the validity of traffic stops and field sobriety tests - We scrutinize the legality of your traffic stop, the accuracy of your breathalyzer test, and whether standard procedures were followed during field sobriety tests. Any missteps by law enforcement can weaken the prosecution's case. Questioning the validity of chemical testing - Breathalyzers and blood tests can produce inaccurate results. We can leverage our relationships with medical and forensic experts to contest chemical test results. Proving you weren't actually impaired - Just because you consumed alcohol or drugs doesn't mean you were impaired. We'll advocate for your rights if we believe you were wrongfully accused. Identifying improper police conduct - If police didn't read your rights or respect your rights to an attorney, these violations could lead to favorable disposition or even possible dismissal of charges.
As you can see, an adept DWI/DUI attorney can utilize many strategies to mount a strong defense on your behalf. The more experience they have specifically with local courts and law enforcement, the better.

Why Venturing Alone is a Gamble

The legal arena is intricate, and a DWI/DUI case is like 4D chess. Here's why representing yourself might be a perilous gamble:

1. The Labyrinth of Law

Legal proceedings can be a complex dance of protocols, deadlines, and paperwork. Without a seasoned guide:

You risk drowning in legal jargon.
Crucial details might slip through the cracks.
Missed deadlines can lead to dire consequences.

2. The Emotional Quagmire

A DWI/DUI charge is an emotional whirlwind. Fear, anxiety, shame, and stress can muddle your judgment. An attorney is your emotional anchor, offering:

Clear-headed Advice : They remain objective, ensuring emotions don't cloud decisions.
Support : Just knowing someone is in your corner can be a tremendous emotional relief.

3. The Art of Negotiation

Many DWI/DUI cases are settled outside the courtroom. This requires finesse in negotiation, a skill honed over years:
Bargaining Power: An experienced attorney knows the strengths of your case and won't settle for less. Tactical Acumen: A seasoned trial lawyer can read the room, adjusting tactics based on the opposition's moves.

Goolsby Law: Your North Star in the Legal Galaxy

At Goolsby Law, deep knowledge of North Carolina's DWI/DUI laws and relationships with key players in the system is our stock-in-trade. Attorney Thom Goolsby and his team have successfully defended clients against thousands of DWI/DUI charges across Wilmington and surrounding areas.
Mr. Goolsby has been a licensed North Carolina attorney, practicing law for 30+ years. He served two terms as a North Carolina Senator and served eight years as a Governor of the entire University of North Carolina System. He has extensive courtroom and legislative experience. He and his team have developed trusted, productive relationships with law enforcement and court systems in the region.
In other words, when you're facing DWI/DUI charges, you want Thom Goolsby and Goolsby Law on your side. Benefits of representation include:
Reduced charges - We routinely take cases to trial or, if it is in the client’s best interest, work out plea bargains to minimize penalties. Avoided jail time - We've helped many clients facing jail time leave court with probation and/or rehabilitation instead. Quick/efficient resolution - We leverage our extensive experience and regional relationships to resolve cases efficiently. Regained driving privileges - We understand how important it is to get you on the road as soon as possible. Peace of mind - Knowing your rights, legal options, and chances for a positive resolution offers invaluable peace of mind.

In Conclusion

A DWI/DUI charge is a monumental challenge, but with the right ally, it's a challenge you can face. Remember, in the intricate dance of law, you need a partner who knows every step.
Embark on your legal journey with confidence. Contact Thom Goolsby at Goolsby Law or text at 910-262-7401 . With Goolsby Law, you're not just a client; you're family. Do all you can to secure your future with us by your side.

Understanding Plea Bargaining: When It Makes Sense to Accept

Thu, 24 Aug 2023 19:27:00 GMT

Introduction

Plea bargaining is a complex aspect of the legal process, often presenting defendants with critical decisions that can significantly impact their lives. With over 30 years of legal experience, Thom Goolsby, an esteemed attorney, provides valuable insights into when and why a plea bargain might be the right choice. This blog post delves into the intricacies of plea bargaining, helping readers understand when it's advantageous to consider such an option.

What is Plea Bargaining?

Plea bargaining involves negotiating a deal with the prosecution where the defendant agrees to plead guilty to a lesser charge or to one of several charges in exchange for more lenient sentencing or the dismissal of other charges. It's a strategic move in the judicial system, used to resolve cases without going to trial.

When Does Plea Bargaining Make Sense?

1. Assessing the Strength of Your Case

Possibility of Acquittal : If there's a strong chance of winning the case at trial, plea bargaining may not be the best choice. However, this requires a thorough analysis of the case's strengths and weaknesses.
Understanding Exposure : It's crucial to understand the potential consequences if the trial doesn't result in a favorable outcome. High exposure to severe penalties might make plea bargaining a sensible option.

2. Considering the Charges

Reduction in Charges : Often, a plea deal includes dropping some charges or reducing the severity of the offense, which can significantly impact sentencing.
Probation Instead of Active Sentence : In some cases, a plea bargain may offer probation instead of prison time, an essential factor to consider, especially for non-violent offenses or first-time offenders.

3. Analyzing Personal Circumstances

Previous Criminal History : For those with a prior criminal record, a plea bargain might be a pragmatic choice to avoid harsher penalties.
Immediate Resolution : Plea bargains can resolve legal matters quickly, which is sometimes in the best interest of the defendant, especially in cases where prolonged proceedings might cause undue hardship.

The Role of a Trial Attorney in Plea Bargaining

An experienced trial attorney plays a critical role in the plea bargaining process. They can provide:

Expert Assessment : Offering an objective analysis of the case and the likelihood of success at trial.
Guidance on Decision-Making : Helping the client understand the benefits and drawbacks of accepting a plea deal.
Negotiation Skills : Leveraging their experience to negotiate the best possible terms for the plea deal.

Making the Decision

Ultimately, the decision to accept a plea bargain rests with the defendant. A knowledgeable attorney like Thom Goolsby can outline the possible outcomes of pleading guilty versus going to trial, empowering clients to make informed decisions.

Conclusion

Plea bargaining can be a valuable tool in the judicial process, but it requires careful consideration and expert legal advice. Whether it's the right choice depends on various factors, including the strength of the case, the charges involved, and the defendant's personal circumstances. With the guidance of a seasoned attorney, defendants can navigate this decision-making process with greater confidence and understanding.

Click here to contact Goolsby Law for assistance.

Navigating Violent Crime Charges in North Carolina: Essential Legal Guidance

Thu, 24 Aug 2023 15:20:00 GMT

Introduction

When faced with violent crime charges in North Carolina, the stakes couldn't be higher. Understanding the gravity of the situation and knowing how to navigate the legal landscape is crucial. This blog post, inspired by a seasoned attorney's advice from the video "Violent Crime Charges: Don't Go Down Without a Fight!", aims to shed light on the essential steps and precautions one must take when dealing with such serious accusations.

The Serious Nature of Violent Crime Charges

Violent criminal charges in North Carolina cover a wide range, from simple assault to more severe offenses like murder. The consequences of a conviction extend far beyond potential jail time and probation. It leaves a lasting mark on your record, significantly impacting your employment prospects, educational opportunities, and overall social standing. Therefore, understanding the severity of these charges is the first step in mounting an effective defense.

Communication: A Double-Edged Sword

One of the most critical pieces of advice for anyone facing these charges is to be extremely cautious about communication. Whether it's text messages, social media posts, or emails, anything you say or write can be used against you in court. This is especially true when interacting with law enforcement officers, as they are actively building a case against you. The safest course of action is to refrain from discussing your case with anyone but your lawyer.

The Importance of Legal Representation

Perhaps the most crucial step when charged with a violent crime is to seek experienced legal counsel. An attorney, bound by law to maintain your confidentiality, is your best ally. They can guide you through the intricacies of the legal process, help you understand your rights, and work on formulating a robust defense strategy. As the video emphasizes, consulting an attorney should be your first action, not an afterthought.

Building Your Defense

Preparing your defense begins with your lawyer assessing all available evidence, including photographs, medical records, and alibi witnesses. The goal is to build a comprehensive picture that supports your case. Additionally, an experienced lawyer will think critically about potential witnesses and strategize accordingly, whether it's challenging the prosecution's evidence or presenting your own.

Beyond Plea Bargains: Fighting for Your Rights

The video strongly advocates for not just settling for a plea deal but fighting the charges if you believe in your innocence. A seasoned attorney, willing to take your case to trial, can make a significant difference. They bring years of experience and deep understanding of the legal system to the table, which can be pivotal in your case.

Final Thoughts and Call to Action

The impact of violent crime charges can be life-altering, but with the right approach and legal support, you can navigate this challenging time. If you find yourself in such a predicament, the key is to act swiftly: keep communication to a minimum and seek expert legal advice as soon as possible. As the experienced attorney in the video concludes, reaching out for help early can be the deciding factor in preparing a successful defense.

Remember, in the face of violent crime charges, you don't have to go down without a fight. Seeking professional legal advice is not just a right; it's a necessity.

Click here to contact Goolsby Law for assistance.

Navigating DWI Charges in North Carolina: The Importance of Legal Representation

Thu, 24 Aug 2023 13:26:00 GMT

Introduction

Driving While Impaired (DWI) charges in North Carolina are not to be taken lightly. As a seasoned attorney with over 30 years of experience handling DWI cases, I've seen firsthand the severe consequences these charges can have. This blog post aims to shed light on the seriousness of DWI offenses in North Carolina and the crucial role of skilled legal representation in such scenarios.

The Severity of DWI Charges in North Carolina

In North Carolina, even the most minor DWI offense can lead to significant repercussions:

Mandatory Penalties : At the lowest level, DWI charges can result in at least a day in jail, with most opting for community service.
License Points and Suspension : A DWI conviction means 12 points on your driving license and a loss of driving privileges for a year.
Financial Burdens : Fines, court costs, and the costs associated with mandated probation, DWI classes, and assessments add up quickly.
Permanent Record : A DWI leaves a permanent substance abuse-related criminal record, impacting various aspects of life.

Long-Term Consequences

The impact of a DWI conviction goes beyond immediate penalties:

Skyrocketing Insurance Rates : Post-conviction, insurance rates can increase dramatically.
Employment Challenges : Many employers are hesitant to hire individuals with alcohol or drug-related offenses on their record.
Educational Implications : A DWI conviction can affect current educational standings and future admissions, especially in graduate programs.

Why Legal Representation Matters

Understanding the Process

An experienced attorney can help navigate the complex legal system, ensuring that you understand every step of the process.

Strategic Defense

A skilled lawyer will assess the facts of your case and formulate a defense strategy. This might include challenging the circumstances of the arrest, the results of sobriety tests, or other aspects of the prosecution's case.

Trial Representation

If your case goes to trial, having an attorney who is deeply invested in your case and understands the nuances of DWI law in North Carolina is invaluable.

The Misconceptions of DWI Cases

Many people underestimate the seriousness of DWI charges. Some believe it’s as simple as paying a fine and moving on, but this is far from the truth. The legal ramifications are much more complex and potentially life-altering.

The Role of an Attorney in DWI Cases

A good DWI attorney will:

Review Your Case Thoroughly : Understanding all the details to provide the best possible defense.
Advise on the Best Course of Action : Whether to negotiate a plea deal or go to trial.
Fight for Your Rights : Ensuring that your case is handled fairly and your rights are protected throughout the legal process.

Conclusion

If you find yourself facing a DWI charge in North Carolina, it's crucial not to underestimate the gravity of the situation. Engaging an experienced attorney is not just a recommendation; it's a necessity. With the right legal support, you can navigate these challenging waters and work towards the best possible outcome for your case.

Click here to contact Goolsby Law for assistance.

Balancing the Scales: An In-Depth Examination of Plea Bargaining in Criminal Defense

Fri, 04 Aug 2023 11:51:00 GMT

Decoding the Complexities of Plea Bargaining in Criminal Defense

Within the convoluted pathways of the criminal justice system, plea bargaining stands out as an essential yet frequently misinterpreted instrument. It functions as a practical solution for crowded courtrooms and offers an alternative for defendants to evade the unpredictability of jury trials. This article probes into the complexities of plea bargaining, its various forms, and its influence on determining outcomes in criminal defense cases.

The Core of Plea Bargaining

Fundamentally, plea bargaining is a negotiation between the defendant and the prosecutor. The defendant agrees to a guilty or no contest plea in return for a reduction or dismissal of some charges or a lesser sentence. Despite some controversy surrounding this mechanism, it remains a vital component of the American legal system, representing over 90% of criminal convictions.

The Two Aspects of Plea Bargaining

Advantages of Plea Bargaining

Efficiency : Plea bargaining can significantly expedite the legal process, conserving time and resources for both the court and the defendant. Predictability : It ensures a known outcome for the defendant, sidestepping the variability of a jury trial. Reduced Sentences : Defendants frequently secure lighter sentences or fewer charges through plea bargaining.

Disadvantages of Plea Bargaining

Nonetheless, plea bargaining has its detractors. Their concerns comprise:
Pressure on Defendants : Critics argue that defendants might feel compelled to agree to a plea deal due to fear of severe punishment if found guilty at trial. Coercion Possibility : Innocent people could plead guilty to crimes they did not commit if they lack appropriate legal representation. Justice Issues: There are concerns that plea bargaining may permit guilty individuals to get lighter sentences than they would if found guilty at trial.

A Look at Types of Plea Bargaining

Plea bargaining isn't a uniform process. It encompasses several forms, each carrying its own unique implications:
Charge Bargaining: The defendant pleads guilty to a less serious charge, thus mitigating potential penalties. Sentence Bargaining: The defendant pleads guilty as accused in exchange for a reduced sentence, offering certainty regarding sentence duration. Count Bargaining : Relevant when faced with multiple charges, the defendant enters a guilty plea to some charges while others are dropped by prosecution.

Impacts and Timing of Plea Bargains

Plea bargains can be negotiated at any point during a criminal case, from before charges are filed until after conviction if appealed by the defendant. They do carry significant repercussions though. A guilty or no contest plea leads to conviction which may result in loss of certain civil rights. However, sealing or expunging a criminal record may be easier following a plea bargain.
A no contest plea or nolo contendere doesn't serve as an admission of guilt in related civil litigation which can be beneficial in cases with potential civil lawsuit repercussions.

Conclusion

Plea bargaining is an intricate process requiring careful deliberation and proficient legal counsel. While it can give rise to faster, more predictable outcomes, understanding its potential impact on one's record and future is vital.
Do not misinterpret this article . By no means should your particular case be plea bargained. You always have the right to a trial where the State must prove beyond a reasonable doubt each and every element of each and every charge filed against you. A seasoned trial attorney can discuss your situation with you and assist you in making the best decision on your case.

If you or someone close is confronted with criminal charges and contemplating a plea bargain or seeks a trial, don't hesitate to contact Thom Goolsby at the Goolsby Law. He is ready to offer the guidance and representation you need to traverse the complexities inherent within the criminal justice system. You can text him right now at 910-262-7401 .

Navigating the Legal System as a First-Time Offender: The Critical Role of Experienced Legal Counsel

Tue, 15 Mar 2022 13:48:00 GMT

Introduction

First-time offenders often face the legal system with misconceptions, believing that straight forward explanations can resolve their issues. However, Thom Goolsby, an attorney with extensive experience, underscores the necessity of skilled legal representation. This blog post explores the complexities first-time offenders face and why expert legal advice is indispensable.

The Misconception of Self-Representation

Many first-time offenders enter the legal arena underestimating its complexities. They often believe that simply telling their side of the story to a judge or officer will suffice. However, legal battles are seldom won on personal accounts alone. The legal system demands a thorough understanding of evidence, legal procedures, and strategic case presentation, areas where professional legal expertise is crucial.

Why Experience in Legal Representation Matters

Experienced attorneys bring a depth of knowledge in building and presenting cases. They understand the nuances of legal proceedings, including the importance of gathering compelling evidence and crafting a persuasive narrative. Moreover, seasoned lawyers are adept at negotiating with prosecutors, often resolving issues outside the courtroom through reduced charges or alternative resolutions like deferred prosecution or conditional discharge.

Choosing the Right Attorney

Selecting an attorney is akin to choosing a master craftsman for an important project. It involves considering not only their track record and experience but also your comfort and trust in their guidance. The right attorney is more than just a legal expert; they are a trusted advisor who can navigate the complexities of your specific case.

THE COMPREHENSIVE ROLE OF A DEFENSE ATTORNEY

A defense attorney is both an advisor and an advocate. Their role extends beyond providing legal counsel; they actively strategize the best defense based on your case's specifics. This includes challenging evidence, negotiating plea deals, and ensuring that your rights are protected throughout the legal process.

PREPARING FOR COURT WITH LEGAL SUPPORT

For first-time offenders, the journey through the legal system can be overwhelming. Simple explanations often prove insufficient in the face of legal complexities. An experienced attorney lays the groundwork for your defense well before you enter the courtroom, ensuring that every aspect of your case is meticulously prepared and presented.

CONCLUSION

The legal landscape for first-time offenders is fraught with challenges that require expert navigation. Having a seasoned attorney like Thom Goolsby can significantly impact the outcome of your case. They provide not just legal expertise but also the strategic planning necessary to effectively handle the intricacies of the legal system. In legal matters, the value of experienced guidance cannot be overstated.
Click here to contact Goolsby Law for assistance.

Don't Get Hammered: First-Time Offender Misconceptions

Tue, 15 Mar 2022 12:55:00 GMT

It’s critically important for first-time offenders to understand their need for seasoned representation they can trust and rely upon.

When you are new to the court system, you may not realize the seriousness of your situation and all the pitfalls of the court system.

A highly trained, experienced attorney could be your best bet to minimize or prevent future problems such as active time, supervised probation, a permanent criminal record and more.

Everyday, as Thom Goolsby leaves the courthouse he discusses his thoughts from the day's cases, hearings, trials and encounters with the legal system. Watch and learn!

When you have criminal or personal injury matters in Eastern North Carolina, CONTACT Attorney Thom Goolsby at 910-262-7401 (text or voice) or email: Thom@GoolsbyLaw.com.

Do You Really Need a DWI Lawyer?

Mon, 07 Mar 2022 19:21:00 GMT

A DWI lawyer's number one job is to work hard to keep you out of jail and on the road. How does he do this? By learning everything there is to know about your case and fighting for you. You need a lawyer with vast experience and one who cares about you. Thom Goolsby has been in practice for three decades and cares deeply about his clients and their families. Listen to his advice and seek his counsel for your situation. You can reach out to him anytime!

Everyday, as Thom Goolsby leaves the courthouse he discusses his thoughts from the day's cases, hearings, trials and encounters with the legal system. Watch and learn!

When you have criminal or personal injury matters in Eastern North Carolina, CONTACT Attorney Thom Goolsby at 910-262-7401 (text or voice) or email: Thom@GoolsbyLaw.com .

MULTIPLE CHARGES DROPPED IN CRIMINAL CASE

Tue, 06 Jul 2021 12:59:00 GMT

MULTIPLE CHARGES DROPPED IN CRIMINAL CASE

A Goolsby Law Firm client faced harsh statutory and collateral consequences when she was charged with the following offenses:

Possession of drugs
Driving while her license is revoked
Fictitious tag
No vehicle inspection
No registration

To further complicate matters, the client had a long history of prior drug and driving offenses. As such, attorney Thom Goolsby quickly got to work developing a defense strategy for his client. While the client did plead guilty to one misdemeanor drug charge, attorney Goolsby was able to negotiate a sentence that included no active time and no supervised probation. Instead, his client was simply ordered to pay court costs and a fine of $100. All other charges were dismissed.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

CRIMINAL CASE INVOLVING MULTIPLE CHARGES DISMISSED

Tue, 06 Jul 2021 12:59:00 GMT

CRIMINAL CASE INVOLVING MULTIPLE CHARGES DISMISSED

An individual was recently charged with multiple criminal offenses, including:

Assault on a female
Interfering with 911 emergency communications

During their arrest, firearms and ammunition were seized at his residence. Maintaining their innocence and wanting to avoid a conviction, the individual reached out to Goolsby Law Firm for help. Attorney Thom Goolsby immediately got to work on the case. Due to his quick action on the client’s behalf, the case was dismissed and the firearms and ammunition were returned.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

DRIVING CHARGE DISMISSED, DWI CHARGE REDUCED IN NC

Tue, 06 Jul 2021 12:58:00 GMT

DRIVING CHARGE DISMISSED, DWI CHARGE REDUCED IN NC

Recently, a Goolsby Law Firm client was charged with multiple offenses, including careless and reckless driving and driving while impaired (DWI). Upon BAC (blood alcohol content) testing, the individual returned a result of .19%. Knowing the effect a conviction on either or both offenses could have on her life, the client reached out to experienced criminal defense attorney, Thom Goolsby, for help.
Upon becoming involved in the case and employing the use of his negotiation and defense skills, Attorney Thom Goolsby was able to get the client’s careless and reckless driving charge dismissed. He also was able to plea the DWI to the lowest level for impaired driving. As a result, the client received no active time.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

DWI CASE DISMISSED

Tue, 06 Jul 2021 12:57:00 GMT

DWI CASE DISMISSED

When an individual was stopped by a State Trooper and charged with DWI (driving while impaired) after returning a blood alcohol content (BAC) result of .08%. Wanting to avoid a conviction and the statutory and collateral consequences that stem from such an outcome, she reached out to Goolsby Law Firm for help.
Before trial, Attorney Thom Goolsby filed a motion to suppress his client’s behalf based on lack of probable cause for arrest. At the close of the motion hearing after Attorney Thom Goolsby’s vigorous defense, the case was dismissed.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

PROTECTIVE ORDER REFUSED IN NC

Tue, 06 Jul 2021 12:56:00 GMT

PROTECTIVE ORDER REFUSED IN NC

When a client of Goolsby Law Firm was facing the possibility of a protective order being entered against him, they reached out to attorney Thom Goolsby for help. The protective order stems from an alleged incident during which another individual claimed the client pointed an AR-15 assault rifle in her face, threatening to harm her and her husband. Maintaining his innocence and denying all claims, the client turned to Attorney Goolsby.
Attorney Goolsby took the case to trial. The result was a win for his client. The court refused to enter the requested protective order.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

DOMESTIC VIOLENCE CHARGE DISMISSED AT TRIAL

Tue, 06 Jul 2021 12:55:00 GMT

DOMESTIC VIOLENCE CHARGE DISMISSED AT TRIAL

Recently, a Goolsby Law Firm client found himself in trouble when he was charged with assaulting his wife and leaving visible marks on her body. He refused to admit guilt and demanded his case be taken to trial. Here, attorney Thom Goolsby aggressively defended his client’s rights and the trial resulted in a not guilty verdict.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

ASSAULT CHARGE DISMISSED AFTER FAMILY DISPUTE

Tue, 06 Jul 2021 12:53:00 GMT

ASSAULT CHARGE DISMISSED AFTER FAMILY DISPUTE

When a man was charged with assault on a female after striking his mother on the face, he reached out to Goolsby Law Firm for help with his case. Attorney Thom Goolsby quickly got to work putting together a defense strategy on behalf of the client. Due to his negotiation and defense skills, attorney Goolsby’s client’s charge was dismissed.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

NO ACTIVE SENTENCE IN DRUG CASE

Tue, 06 Jul 2021 12:52:00 GMT

NO ACTIVE SENTENCE IN DRUG CASE

Recently, a client of Goolsby Law Firm was charged with drug possession. To make matters more complicated, the individual had a lengthy criminal record, so the potential sentence for a conviction on this new charge could be severe. After getting to work on the case, Attorney Thom Goolsby was able to negotiate a plea so the drug possession charge would be classified as a misdemeanor, not the original felony. As such, the client did not have to serve an active sentence. He was simply ordered to pay court costs and a fine.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

ALLEGED IMPAIRED DRIVER FOUND NOT GUILTY IN CASE INVOLVING MULTIPLE CHARGES

Tue, 06 Jul 2021 12:51:00 GMT

ALLEGED IMPAIRED DRIVER FOUND NOT GUILTY IN CASE INVOLVING MULTIPLE CHARGES

Recently, a North Carolina man found himself facing charges for both DWI (driving while impaired) and Hit & Run after allegedly driving while drunk, striking another vehicle and driving away. Knowing the penalties that could stem from a conviction on either offense — including incarceration, fines, and more — he reached out to Goolsby Law Firm for help. The client pled not guilty to the DWI, and he admitted to striking the other vehicle involved in the hit and run. Through a strong defense strategy at trial, Attorney Thom Goolsby was able to secure a not guilty verdict for the DWI charge. In relation to the hit and run charge, he was ordered to pay court costs and a $100 fine.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

VETERAN FACING CRIMINAL CHARGES FOUND NOT GUILTY OF TWO OFFENSES

Tue, 06 Jul 2021 12:50:00 GMT

VETERAN FACING CRIMINAL CHARGES FOUND NOT GUILTY OF TWO OFFENSES

When a disabled veteran was found with drug paraphernalia and marijuana in his vehicle, he was arrested and charged. To make matters worse, the officer who stopped him also charged the man with DWI (driving while impaired) and open container in a motor vehicle. Wanting to avoid the harsh penalties that would come from convictions on these offenses, the man reached out to Goolsby Law Firm for help.
Attorney Thom Goolsby took the case to trial, where the client denied the impaired driving charge. Working hard to protect the client’s freedom and rights, attorney Goolsby advocated on the veteran’s behalf. As such, the client was found not guilty of the DWI and paraphernalia charges. While he was guilty of marijuana possession and the open container charge, he was simply ordered to pay court costs.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

DRUG CHARGES DISMISSED FOR STUDENT

Tue, 06 Jul 2021 12:49:00 GMT

DRUG CHARGES DISMISSED FOR STUDENT

Recently a non-U.S. citizen, who was also a student, was charged with drug possession and possession of drug paraphernalia. Both charges were preventing this individual from renewing his student visa, so he knew he needed help. This problem is what brought him to Goolsby Law Firm. Attorney Thom Goolsby immediately got to work on the case and after designing a successful strategy, both charges were dismissed. The student was then able to move forward in renewing his student visa and not be forced to leave the country.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

CHARGES DISMISSED IN DRIVING-RELATED CASE

Tue, 06 Jul 2021 12:48:00 GMT

CHARGES DISMISSED IN DRIVING-RELATED CASE

When a Goolsby Law Firm client was charged with hit and run and failure to maintain lane control, she knew they needed attorney Thom Goolsby’s help. To make the situation more complicated, the failure to maintain lane control charge allegedly caused property damage to another vehicle.
As Attorney Goolsby got to work putting together a defense for the client, she denied driving carelessly and recklessly. With his skill set put to good use, Attorney Goolsby had both of her charges dismissed. As a result, no license points were assessed to the client’s insurance. A conviction for careless and reckless driving carries four points and could result in an 80% increase in rates for three full years.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

CLIENT FOUND NOT GUILTY OF MULTIPLE CRIMINAL CHARGES

Tue, 06 Jul 2021 12:45:00 GMT

CLIENT FOUND NOT GUILTY OF MULTIPLE CRIMINAL CHARGES

Recently, an NC woman found herself facing quite a bit of trouble when she was charged with the following criminal offenses:

Driving while impaired (DWI)
Felony assault on a law enforcement officer
Two counts of assault on law enforcement officers
Resisting arrest

Law enforcement who was involved with the woman’s arrest alleged that she was impaired and attacked multiple police officers by striking one with a vehicle and fighting/injuring two others. The consequences of being found guilty on all offenses were severe, so the woman reached out to Goolsby Law Firm for help.
Attorney Thom Goolsby assisted the client in taking her case to a Superior Court trial – where she denies all of the charges against her. Due to his aggressive defense and energetic actions in advocating for the client, she was found not guilty of the DWI, felony assault on a law enforcement officer, and the misdemeanor assaults on law enforcement officers.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

CLIENT FOUND NOT GUILTY OF DWI AND CARELESS & RECKLESS DRIVING

Tue, 06 Jul 2021 12:38:00 GMT

CLIENT FOUND NOT GUILTY OF DWI AND CARELESS & RECKLESS DRIVING

Goolsby Law Firm recently helped a client who was facing two charges, including:

DWI (driving while impaired)
Careless & reckless driving

The client was charged by an NC State Trooper after smashing into another car before turning into his own driveway. After going into his house and the neighbors calling 911, law enforcement arrived. While the client denied his impairment, the State Trooper took him to test his blood alcohol content (BAC), the result of which was .12%.
The case went to trial, where attorney Thom Goolsby aggressively defended his client’s rights. At the conclusion of the case, the client was found not guilty.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

ASSAULT CHARGE DISMISSED

Tue, 06 Jul 2021 12:37:00 GMT

ASSAULT CHARGE DISMISSED

Recently, an individual in North Carolina found himself in some trouble when he was charged with assault after an incident at a nightclub. The individual denied assaulting the club’s bouncer, but still faced the criminal charges, so he reached out to Goolsby Law Firm for help. Attorney Thom Goolsby immediately got to work on the case. Due to his quick involvement and swift action, the case was dismissed.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

MULTIPLE DRIVING-RELATED CHARGES DISMISSED

Tue, 06 Jul 2021 12:37:00 GMT

MULTIPLE DRIVING-RELATED CHARGES DISMISSED

When a local woman was charged with careless and reckless driving and a window tint violation, she reached out to Goolsby Law Firm for help. After swiftly getting involved in the case and negotiating on his client’s behalf, Attorney Thom Goolsby was able to have both charges dismissed. As a result, no license points were assessed to the client’s insurance. A conviction for careless and reckless driving carries four points and could result in an 80% increase in rates for three full years.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

EXPUNCTION OF PROPERTY DAMAGE CASE UNDERWAY

Tue, 06 Jul 2021 12:35:00 GMT

EXPUNCTION OF PROPERTY DAMAGE CASE UNDERWAY

Recently, a Goolsby Law Firm client faced legal trouble when he was charged with injury to personal property. The charge stemmed from slashing of tires on a motor vehicle. Wanting to avoid a lengthy legal process and a criminal record for his client, Attorney Thom Goolsby immediately got to work on his client’s behalf. Restitution was made out of court. Attorney Goolsby used this fact to persuade the prosecutor to dismiss the charge. An expunction of the client’s charge is now underway.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

PROBATION TERMINATED IN ABSCONDING CASE

Tue, 06 Jul 2021 12:33:00 GMT

PROBATION TERMINATED IN ABSCONDING CASE

Recently, an individual was charged with absconding from his probation officer after cutting off his ankle monitor. As a result, the State of NC demanded the individual serve their entire suspended sentence (which was several months long) in jail. Desiring to avoid such an outcome, the individual reached out to Goolsby Law Firm. Criminal defense attorney Thom Goolsby took on the case and began working on the client’s behalf. Due to Attorney Goolsby’s insightful actions and defense skills at trial, the judge in the case terminated probation with no active time assessed for the client’s alleged absconding. Instead of going to jail, the client walked out of court a free man.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

MULTIPLE CHARGES DISMISSED IN DWI CASE

Tue, 06 Jul 2021 12:01:00 GMT

MULTIPLE CHARGES DISMISSED IN DWI CASE Recently, an individual in NC was charged with the following offenses:

Driving while impaired (DWI)
Two counts of an open container of alcohol

Wanting to avoid the statutory and collateral consequences that could stem from a conviction on these offenses, the individual reached out to Goolsby Law Firm for help. Attorney Thom Goolsby began working on the client’s case and successfully argued at trial that there was no probable cause for arrest in connection with the DWI charge. Due to attorney Goolsby’s skilled trial tactics, one of the open container charges was also dismissed. A plea was entered for the second open container charge, and as such, the client only had to pay court cost.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

NC Criminal Charges: Can I See the Witness Statements?

Wed, 20 May 2020 14:06:00 GMT

Dealing with an arrest in New Hanover is scary, and it’s hard to know what you can and cannot request so you can defend yourself. This is one of the many reasons to work with an experienced local attorney.

However, anyone facing criminal charges deserves to know who provided a witness statement and what was said. This is crucial information because discrepancies or mistakes can make all the difference in your case.

Fortunately, the Jencks Act outlines the Government’s duty to disclose witness statements. Essentially, under the Jencks Act, if the relevant motion is submitted, the government must disclose all of the witness statements in their possession at the time of the request.

If you were arrested and witness statements can help resolve your case favorably, Wilmington criminal lawyer Thom Goolsby can help. With more than 27 years of experience in and around New Hanover County, Attorney Thom Goolsby knows the court system, what it takes to get the necessary evidence to fight your charges, and how to achieve the best possible outcomes.

Free consultations are available 24/7 by calling (910) 763-3339 , sending a text , or contact us online .

The Government’s Duty to Disclose Witness Statements

To compel the Government to disclose a witness’s statements, they must relate to the direct testimony of the witness. Under the Jencks Act, the Government has a duty to preserve all statements that are required to be produced. The Government should never destroy any statements before it is required to do so. Usually, this isn’t until after the conclusion of your case, including an appeal.

APPLICABILITY OF THE JENCKS ACT

The Jencks Act applies to:

Filing a Motion for Witness Statements

You, as the defendant, are technically required to file a motion for discovery of a witness’s statements before the Government’s obligation to disclose such information arises. Therefore, the defendant should file his or her motion at the conclusion of the witness’s direct testimony.

If the defendant fails to raise the issue of producing witness statements in a timely manner, their request is deemed to be waived.

TYPES OF STATEMENTS THE GOVERNMENT MUST DISCLOSE

The Government must disclose any oral or written prior statement made by a witness that relates directly to the witness’s testimony. A statement may be more than a written statement signed by the witness.

A witness statement may include:

JENCKS ACT: SOME ISSUES OF CONCERN

At this time, it is unclear whether the Government must disclose other notes, summaries, or reports made by the officers at the time an oral statement is made by a witness. This is important because depending on the circumstances and facts, these materials may qualify as statements themselves or influence the witness’s statement.

Work with an Attorney to Get Witness Statements

Reviewing witness statements in a criminal case is critical to resolving things favorably. Witnesses often misremember details, and highlighting flaws can result in reduced charges, a dismissal, or proving your innocence at trial. Let an experienced criminal defense attorney discuss your situation and help you achieve the best possible result.

If you are in legal trouble, contact the Goolsby Law Firm for a free consultation by calling (910) 763-3339 .

The post NC Criminal Charges: Can I See the Witness Statements? appeared first on Goolsby Law Firm .

Can You Avoid Jail in New Hanover Because of COVID-19?

Mon, 27 Apr 2020 20:50:00 GMT

The global pandemic has touched every area of daily life, including the criminal justice system. While COVID-19 isn’t a “get out of jail free” card, depending on the seriousness of your charges, you may avoid time behind bars during this crisis and into the future.

As of April 22, 2020, North Carolina had more than 7,220 confirmed cases and 242 deaths attributed to the novel coronavirus, according to state health records . While only 62 of those cases were in New Hanover County, government officials recognize that inmate populations are among the most vulnerable. Cramped quarters, a lack of hygienic resources, such as the ability for frequent hand-washing, and the revolving door of inmates, staff and visitors provide a perfect storm for the spread of COVID-19.

If you are arrested during the pandemic or have been dealing with charges that originated before the court closures, Wilmington criminal lawyer Thom Goolsby is here to help you. The Goolsby Law Firm will fight to keep you out of jail so your chances of contracting COVID-19 are reduced. With more than 27 years of legal experience in and around New Hanover County, Attorney Thom Goolsby knows the local court system and how to achieve the best possible outcomes.

Free consultations are available 24/7 by calling (910) 763-3339 , sending a text , or contact us online .

Arrestees and Inmates in New Hanover

While some parts of North Carolina have focused on releasing non-violent offenders and inmates at high-risk for COVID-19, in Wilmington the focus in late-April remained on reducing the number of people entering the jail. Prosecutors were reportedly also pushing defendants to accept pleas to avoid jail time. Accordingly, it is vital that if you find yourself facing jail or incarcerated while awaiting trial you secure a criminal defense attorney to work for your release.

In New Hanover, some bond reductions have occurred in hopes of slowing the spread of COVID-19 though the jail population, as reported by local news . Also, local courts have been modified to reduce the number of people at bond hearings. By reducing the number of low-level offenders, officials look to spread thin resources to the remaining inmates.

Even in the best of times, whether waiting for trial or after conviction — avoiding jail is always a top priority. Being incarcerated, even for a few days while awaiting bail, could have serious consequences, such as job loss or creating an issue with custody arrangements. Now, it also could be a serious health risk to you and your loved ones should you contract the disease while jailed and then carry it home.

What Should You Do If Arrested During The Pandemic

The stress of dealing with COVID-19 is difficult enough, but add-in trouble with the law, and you have a serious situation. If you are arrested during this time, stay calm and follow these guidelines:

Ask the arresting officer if you can receive a citation, rather than be processed at the jail.
Do not make any admissions.
If taken to jail, remain silent except to ask to call an attorney ASAP.
Do not speak to police or the prosecutor without your attorney present.
Resist offers to plead guilty in exchange for being released.
Remember to practice as much good hygiene as possible while awaiting release — hand-washing (if available), not touching surfaces, keeping hands away from your face, and if allowed, use a makeshift mask.

Depending on the situation, an experienced Wilmington criminal defense attorney from The Goolsby Law Firm can likely secure your release. But, you must act swiftly to limit possible exposure while in jail.

We Are Here to Help

While the presence of COVID-19 does not mean you automatically avoid jail, in many cases it may decrease your chances of being incarcerated to await trial or result in lesser charges that do not carry jail time. Having to spend any time locked up during this dangerous time is something you want to avoid at all costs.

Don’t take any chances with your health and well-being. If you are in legal trouble, contact the Goolsby Law Firm for a free consultation by calling (910) 763-3339 .

The post Can You Avoid Jail in New Hanover Because of COVID-19? appeared first on Goolsby Law Firm .

Wilmington, NC DWIs: Refusing Sobriety Tests

Sat, 04 Apr 2020 19:25:00 GMT

The law surrounding Driving While Impaired (DWI) and traffic stops is confusing. There is a great deal of inaccurate online information about what the police can do and your rights.

At Goolsby Law Firm , it is important for us to be a source of accurate information regarding Wilmington, NC DWI cases. If the police pull you over, you should know you can refuse roadside breath and field sobriety tests. But, if you are arrested there are penalties for refusing a breath or blood test.

To learn more about the consequences of refusing sobriety and breath tests, you need to speak with an experienced lawyer about how to properly handle your DWI case. To do so, call (910) 763-3339 or use our online form . You can schedule a free consultation with experienced DWI lawyer, Thom Goolsby .

North Carolina’s Implied Consent Law

Under North Carolina General Statutes (NCGS) 20-16.2 , when you drive a car in the state, you automatically agree to a chemical analysis, if you are charged with an implied-consent offense such s a DWI. It does not matter if you have a driver’s license from North Carolina or another state. You can be required to go through a formal breath, urine, or blood test to determine whether you have alcohol or drugs in your system, and if so, how much. If you refuse to go through with the analysis, you face penalties.

When the Implied Consent Law Is in Effect

North Carolina’s implied consent law applies to formal breath, urine, or blood tests performed after an officer arrests you. To be required to submit to such a test, a police officer must have reasonable grounds to believe you committed a DWI. The officer will arrest you and take you to an analyst who is authorized to test your breath. If there is a concern regarding your health, you may be taken to a medical facility for testing.

The police officer must notify you, in person, of the law, your right to an attorney or witness, and the consequences of failing to take the test. They will ask you to sign the form confirming the officer gave you notice. You have 30 minutes from this point in time to contact a lawyer for advice or to select someone to witness the test. At the end of the 30 minutes, you must either take the test or refuse.

Penalties for Refusing a Sobriety Test

If you refuse to take a chemical test, the law revokes your driver’s license for at least one year. An officer will immediately take your license away. Keep in mind, if you refuse a chemical test, an officer may seek a warrant for a blood sample anyway. If you fail the test, that is the amount of alcohol was over the legal limit, your license is revoked for at least 30 days.

Your license revocation is a civil penalty separate from whether or not you are convicted of a DWI. You might beat the DWI charge and still have to go months without a license. Also, the prosecutor can tell the judge and jury at trial that you refused the test and direct the jury to assume you were intoxicated.

You Can Refuse a Roadside Breath Test

It is essential to distinguish between a roadside breath test, also known as a portable breath test (PBT) or breathalyzer, from a formal breath test. A roadside breath test is a small device an officer will ask you to blow into at the scene when they are trying to figure out if you are intoxicated.

These tests are notoriously unreliable and the reading on the device cannot be used as evidence in court. You can refuse a breathalyzer, but the Court can here about your refusal and consider it in determining your guilt or innocence at a trial in the matter.

Think of it this way: The implied consent law requires the officer to tell you about the law, your rights and the consequences of refusing a chemical test. If an officer has not told you these things before asking you to submit to the test, he has violated his requirements and the results are subject to a potential suppression motion.

You Can Refuse Standardized Field Sobriety Tests

Another type of testing is field sobriety tests. The National Highway Traffic Safety Administration standardized three physical tests in the 1970s. These tests are meant to provide clues that you are impaired. If you submit to one or more standardized field sobriety tests (SFSTs), the results are potentially admissible in court.

The three SFSTs are:

North Carolina’s implied consent law does not apply to field sobriety tests. If an officer asks you to perform one of these physical tasks or another unstandardized test, you can refuse without being punished. The officer cannot force you to perform any such test or take away your license.

Should You Take Roadside Sobriety Tests?

North Carolina law does not require you to take roadside breath tests or SFSTs. The issue with these types of tests is that they are not necessarily accurate. They can give false-positive results, giving an officer a reason to think you are impaired when you are not.

It may be better to calmly and politely refuse a PBT or the SFSTs in order to limit the evidence an officer has against you. However, an officer can still arrest you for a DWI based on other factors, including your appearance, smell, answers to questions, slurred speech, imbalance and more.

Arrested for a DWI in Wilmington, NC? Call Goolsby Law Firm Today

It is hard to know what to do during a DWI stop. Interacting with one or more officers is intimidating. You may feel pressured to agree to a breathalyzer or SFSTs. You might not be informed of your rights as required by law or an officer may claim you refused when you did not mean to do so.

Whatever the issue, if you are dealing with a DWI and revoked driver’s license, call Goolsby Law Firm at (910) 763-3339 for help. A DWI arrest does NOT necessarily mean you will be convicted, especially if you work with a seasoned and successful trial lawyer like Thom Goolsby.

The post Wilmington, NC DWIs: Refusing Sobriety Tests appeared first on Goolsby Law Firm .

New Hanover County Court: Where to Go, What to Know & What to Wear

Tue, 17 Mar 2020 18:53:00 GMT

Going to court for the first time can be stressful. It’s best to prepare: Know where you’re going, when you need to be there, what to wear and what to expect. If you have any questions about your case, the court process, and effective representation in New Hanover County, do not hesitate to contact the Goolsby Law Firm at (910) 763-3339 .

Attorney Thom Goolsby is a veteran trial lawyer with genuine courtroom experience. He is a fixture in court, fighting for his clients. If you have questions or need help, leave voicemail, send a text or email. We will be in touch as soon as possible to discuss how we can assist you.

Getting to the Courthouse

The New Hanover County Courthouse is located at:

316 Princess Street
Wilmington, North Carolina 28401

The court is located on the southeast corner of Princess Street and North 3rd Street. It is open between 8:00 AM through 5:00 PM, Monday through Friday.

BE PREPARED FOR SECURITY: NO WEAPONS, INCLUDING POCKET KNIVES

Every courthouse requires you to go through security — and it might get busy.

You should arrive early for your court date. There is handicap parking located in the back of the courthouse, along with handicap access to the building. Other parking for the courthouse includes the Ligon-Flynn Lot on South 2nd Street, the Second Street Parking Lot, or the City of Wilmington 2nd Street Parking Deck. There are several parking options within a few blocks from court, including metered parking on the street.

If you have a disability and need accommodations, contact the Disability Access Coordinator (DAC) at the courthouse. In New Hanover County the DAC can be reached at 910-772-6603 .

Know Which Courtroom to Go to

If you are not sure of the time, date and location of your criminal court case, look at your citation, warrant or Magistrate’s paperwork. You can also search online or call the Superior Court Clerk’s office in the county where your case will be heard.

When you get to the courthouse and through security, proceed to your courtroom. In New Hanover County, a docket will be posted on a table near the entry floor elevators. Your last name and case number should be on that docket.

Find Out the Duration of the Court Call

You should know the day and time of your court call. If you have an attorney, he will tell you whether or not you need to be present or if he will be continuing your case without needing you in court. If you do not have a lawyer, you will always be required to be present.

The prosecutor assigned to your courtroom will call all the cases on the calendar. You must wait for your turn and answer that you are present. Do not miss calendar call. If you do not appear and answer, you will be “Called and Failed” and a warrant for your arrest will be issued. Court could last all day. Make sure you take off enough time from work and schedule childcare for the entire court call.

Know Why You’re There

There are several types of hearings for which the court may require you to appear, such as an arraignment, bond hearing, show cause hearing, pre-trial status conference, motion hearing, plea or jury trial. The type of hearing determines what you should expect. It is very important to consult a lawyer so you understand what is happening in your case. There is very little for you to do at an arraignment other than to enter your plea, whereas you should be thoroughly prepared to argue your case at trial.

What to Wear to Court

Court is a formal occasion. You should be presentable. You do not necessarily need to wear a full suit, but it is advisable to wear a business casual dress or slacks and a dress shirt or blouse. It is safe to choose a conservative option and keep your legs and arms covered. If you dress like a bum, you can expect to be treated like one in court.

Have Your Evidence Ready

Whether or not you need to bring documents or evidence to court depends on your case. You would not have evidence at an arraignment, but you might for a motion hearing or trial. If you’re representing yourself, bring at least three copies of each piece of evidence — one for you, one for the judge and one for the prosecutor.

When presenting the evidence to the judge, tell the judge what it is, how you know it is authentic (that it really is what you say it is). The bailiff will take that piece of evidence from you, show it to the other party (or give them a copy) and then give the evidence to the judge. The prosecutor may object to the evidence on legal grounds and the judge may exclude its use.

It is helpful to work with an attorney who will thoroughly prepare you for the court call.

What You’ll See in Court

When you walk in there will be a seating area for defendants and witnesses. There is always some type of bar or railing separating the seating area from the rest of the courtroom. The prosecutor will sit at one table. The defendant and his/her attorney will sit at another table.

There will be an area for a jury to sit off to the side of the judge, though it will be empty, unless you are going through a jury trial. There will be a court clerk up near the front who keeps track of the cases for the judge and records decisions. In Superior Court there will be a court reporter or stenographer to keep a record of the hearing. There are also bailiffs for security and who keep order in the courtroom. They are the local sheriff’s deputies.

If you have an attorney, find them to discuss your case and wait. When you are called, you or your lawyer will have a chance to speak to the judge.

Attorneys Often Resolve Cases During Court Calls

Attorneys and parties often talk with one another during court calls to try and resolve cases. The prosecutor might approach you or your lawyer. If you have an attorney and are approached, tell the prosecutor you are represented and point out your lawyer. You should not talk to the prosecutor without your lawyer present. If you’re representing yourself, it is your choice whether to speak with the prosecutor or not.

Have Questions About Going to Court?

You do not have to go to court alone. If you’ve been charged with a crime, Attorney Thom Goolsby can represent you. He has practiced law for over 25 years and knows the ins-and-outs of the North Carolina court system. He’ll guide you through each step of a criminal court case and prepare you for every necessary court appearance.

Contact Goolsby Law Firm at (910) 763-3339 or online to schedule a free consultation.

The post New Hanover County Court: Where to Go, What to Know & What to Wear appeared first on Goolsby Law Firm .

What Does a Defense Lawyer Cost in Wilmington, NC?

Fri, 21 Feb 2020 19:40:00 GMT

Many things will race through your mind after an arrest. One of them will inevitably be, “What is this going to cost?”

First, you must understand that a criminal conviction can cost you more than just money. When choosing a criminal defense lawyer in Wilmington, NC, do not make the mistake of going with the cheapest option available. This short-sighted strategy could leave you ill-prepared for trial and facing all the consequences of a criminal conviction, such as losing your driver’s license or spending time behind bars.

For a free consultation with Wilmington criminal defense lawyer Thom Goolsby , call or text (910) 262-7401 or contact us online. We will quickly be in touch to speak with you.

What to Consider When Choosing a Defense Lawyer

When you are hiring a criminal defense lawyer, think about what you are getting for your money. Experience is an extremely important part of picking the right lawyer. An experienced criminal defense attorney will understand the implications of your case and know how to effectively deal with your situation.

While cost is an important consideration, it should not be the only factor. Consider what you are likely to get when you choose the lowest-priced attorney in your area.

To make enough money to stay profitable, an attorney with low rates will need to take on more cases. This means less time to spend on your case and, quite possibly, a weaker defense. An attorney spread thin by a huge roster of clients is unlikely to be able to put in the work needed on your behalf.

Much of your attorney’s work happens behind the scenes. During pretrial preparation, an attorney gathers and analyzes the evidence. He draws on his previous experience, looks into similar cases and decides how to proceed. During this time, he may also hire experts to assist in your defense. Investigators can uncover facts to support your defense, while expert witnesses weigh-in on various issues to provide clarity to the jury.

By hiring a bargain lawyer, you may very well rob yourself of the best defense available.

Long-Term Financial Consequences

It often helps to think about hiring a criminal defense attorney as an investment in your future, rather than as a one-time cost. A criminal conviction can have a ripple effect on every area of your life.

A criminal record could cost you your job, limit your career options or prevent you from advancing at work. For instance, a theft in your background can make it hard to get a position that deals with handling money – even years later. In addition, some charges can even cause you to be completely barred from certain licensed professions.

A criminal conviction can also lead to serious financial consequences. For example, a DWI conviction means increased insurance costs – now and going forward. You could also be left without a driver’s license for a long period of time, making it difficult to meet your financial, work and family obligations.

Your family will also suffer. Whether a conviction results in fines, jail time or both, your family will bear much of the burden. The situation becomes even more complicated if you are a single parent. A criminal record could lead to losing custody rights or becoming entangled in a court battle.

Fee Structures and Terms

As you look into the cost of a criminal defense lawyer, you may come across the following:

At Goolsby Law Firm , we know how important it is to have reliable representation when you are facing criminal charges. We offer a free consultation to discuss your needs and from there, we can figure out a fee structure that works for you.

Schedule Your Free Consultation Now!

A criminal record can change the course of your life. You deserve an experienced attorney who is completely dedicated to your defense. Contact Attorney Thom Goolsby now to set up your free initial consultation.

Fill out our contact form and someone will reach out right away. You can also call or text us at 910-262-7401 .

The post What Does a Defense Lawyer Cost in Wilmington, NC? appeared first on Goolsby Law Firm .

Should You Waive a Jury Trial in North Carolina

Thu, 13 Feb 2020 18:58:00 GMT

Waiving a criminal jury trial is possible in North Carolina. But is it a good idea?

In 2014, North Carolina voters approved an Amendment to allow bench trials for felonies in Superior Court. The only exception is when the State pursues the death sentence.

In all other cases, a criminal defendant has the right to request a waiver of trial by jury. This can be an advantage in some situations, but you should discuss all your options with an experienced lawyer.

Attorney Thom Goolsby is a Wilmington, NC trial lawyer with hundreds of jury and bench trials under his belt. This level of experience and insight could mean all the difference. Let us help weigh your options and find a solution.

Do not hesitate to call (910) 763–3339 or submit your information online to schedule a free consultation.

Jury vs. Bench Trials in NC

If a defendant waives their constitutional right to a jury trial, the proceedings are conducted by a judge. This is a bench trial. As a matter of strategy, there are various reasons why a defendant would want a bench trial rather than a jury trial. However, the opposite is also true.

How to Waive a North Carolina Jury Trial

North Carolina law establishes the procedure for waiving a jury trial in Superior Court. In a criminal case, the defendant must give notice of intent to waive a jury trial by:

Jury Waiver Exceptions

If joinder of co-defendants is allowed, there shall be a jury trial, unless ALL co-defendants waive their right to trial by jury or the court severs the cases.

Waiver Hearings

The State must schedule a hearing to determine whether the judge will hear the case without a jury. If the trial judge consents to the waiver of a jury trial, the defendant may revoke it within 10 business days of the defendant’s initial decision.

In addition, the Court may only grant a waiver of revocation if the revocation would not cause unreasonable hardship or delay to the State.

Lastly, the trial judge is required to make all findings that would be required of a jury when a defendant waives the right to a jury trial.

When to Waive a Jury Trial

There some instances when a bench trial makes the most sense. For example, if the charges in question are particularly violent , a lawyer may believe that a jury is unlikely to set aside their prejudices to render a fair result. In that case, a judge may be more dispassionate and more focused on the legal aspects of the case. However, if your argument rests on what an ordinary person would have don in similar circumstances, a judge may have a hard time seeing things from your point of view. Therefore, you may be better served by a jury trial.

Consult Attorney Thom Goolsby First

It’s impossible to know which scenario is best in your case unless an experienced Wilmington criminal defense attorney thoroughly evaluates your situation. This is the kind of representation you’ll find at the Goolsby Law Firm, PLLC.

We have extensive trial experience and can tell if you will fair better by waiving your right to a jury trial and what you can expect in a bench trial. We have been successfully resolving cases like yours for over twenty-five years. Thom Goolsby is ready to fight for you!

Contact us now at (910) 356-8341 for a free consultation. We’re happy to explain what you’re facing and what we can do to help.

The post Should You Waive a Jury Trial in North Carolina appeared first on Goolsby Law Firm .

What Will Happen If I Miss a Court Date?

Fri, 24 Jan 2020 17:11:00 GMT

Missing a court date is never a good idea, but it happens. You need to show up if at all possible before court concludes for the day. If you have a legitimate reason for not appearing in court at the scheduled time and date, you need to be proactive.

Tell your attorney ahead of time and we will try to re-schedule. If you don’t show up, it will only make your situation worse.

For a free consultation with Wilmington criminal defense lawyer Thom Goolsby , call (910) 763-3339 or text (910) 262-7401 or contact us online. We will quickly be in touch to speak with you.

The Penalties of Missing a Court Date in Wilmington, NC

Your arrest may be ordered if you fail to appear and there could be substantial additional fees assessed against you. If you are facing a motor vehicle offense, your driver’s license could be revoked and the North Carolina Division of Motor Vehicles (NCDMV) may assess additional fees.

What Happens to my Bail or Bond?

If you are arrested, you have a right to have a judge or magistrate set conditions of pretrial release, known as “bail” or “bond,” at your “initial appearance.” To be released from custody, you may need to pay money or promise to pay it if you fail to appear in the future. This payment, or promise to pay, is meant to increase the chances you will appear for future court appearances.

If a cash bond was required and posted in your case, the bond may be forfeited if you do not show up on your court date. You may also need to pay the full amount to the court. This forfeiture could be recorded as a civil judgment against you. This means the State could collect the money just as if it was a successful plaintiff in a lawsuit.

If you fail to appear in a motor vehicle case , the North Carolina Division of Motor Vehicles may issue a suspension notice and your license could be revoked.

If you posted bond with cash, the State may keep your money to pay for the judgment of forfeiture. If the bond was secured by property, but the forfeiture is not paid in full, the State could foreclose on the property and sell it to collect the outstanding amount owed.

If your bond was posted by a bail bondsman (a company who provides your cash bond for a fee), then the bail bondsman is liable for the full amount of the bond. He will immediately begin looking for you in order to take you into custody and turn you in to the local jail.

Depending on the language of the contract, you or your family may need to pay the bondsman additional money for your fail to appear. The bail bondsman will also hold you responsible for any money he must pay the State for your non-appearance.

Can Court Dates be Rescheduled or Continued?

If you are unable to appear, contact your attorney as soon as you learn of the conflict. If the proceedings are technical in nature or both sides are simply making arguments over a legal motion, you may not need to be present.

If you need to appear, but there is a severe problem preventing you from showing up, you need to tell us about it. It is the State’s policy that criminal cases and infractions should be resolved as quickly as possible. However, if there are compelling reasons for a continuance impacting the fundamental fairness of the legal process, a continuance may be granted for good cause for the fair and impartial administration of justice.

Work with a Wilmington, NC Defense Lawyer from the Beginning

Reach out to the Goolsby Law Firm if you are facing criminal charges or need to appear in a New Hanover County Court . Let us handle the court process and ensure you are kept informed.

Do NOT give up on your case or fail to defend yourself. You may have a valid defense resulting in a favorable outcome like a dismissal or an acquittal at trial. You are always best served by working with an experienced attorney.

For a free consultation with attorney Thom Goolsby , call (910) 763-3339 or text (910) 262-7401 or contact us online. We will quickly be in touch and speak with you.

The post What Will Happen If I Miss a Court Date? appeared first on Goolsby Law Firm .

DWI Checkpoints in Wilmington, NC: Questions & Answers

Wed, 15 Jan 2020 17:07:00 GMT

DWI checkpoints in Wilmington, NC are a regular occurrence. It is important to know the basics about sobriety checkpoints in North Carolina.

You should also clearly understand your rights during a checkpoint.

If you are arrested during a DWI checkpoint, contact an experienced Wilmington DWI/DUI lawyer at Goolsby Law Firm as soon as possible. Attorney Thom Goolsby will thoroughly evaluate the checkpoint to determine its legality. If your arrest was based on an improper checkpoint, improper procedure or faulty DWI testing, these issues could lead to a dismissal of some or all of the charges filed against you.

Attorney Goolsby is in court most days, but call or text (910) 763-3339 or contact us online. He’ll be in touch as soon as possible to set up a free initial consultation.

DWI Checkpoints in Wilmington, NC: FAQ’s

Are DWI Checkpoints Legal?

Yes, sobriety checkpoints are legal in North Carolina. The police can briefly stop a motorist and look for clues of intoxication under North Carolina General Statute §20-16.3A . This is an exception to the Fourth Amendment of the United States Constitution requiring police to have probable cause to detain someone.

How Do DWI Checkpoints Work?

All sobriety checkpoints must adhere to certain federal and state guidelines. Law enforcement must have a written plan for a sobriety checkpoint. They must publish the existence of the checkpoint. All checkpoint must be clearly visible to approaching drivers using signs, lights, and visible police vehicles. North Carolina law requires that at least one law enforcement vehicle with its blue light be operating during the checkpoint.

What Are the Police Looking For?

Checkpoints are specifically used to look for impairment due to drugs or alcohol. However, you can be ticketed for secondary offenses, such as driving without a seatbelt. The police may not look for non-vehicle offenses. Although, if another crime is committed in plain sight, an officer will act.

Can I Avoid a DWI Checkpoint?

Technically and if possible, you can make a legal turn before the checkpoint in order to avoid it. However, North Carolina law does not offer specific protections for motorists who avoid a checkpoint. The police may and probably will try to stop you if it appears you avoided a checkpoint.

Do I Have to Stop at a DWI Checkpoint?

If an officer tells you to stop at a checkpoint, you should. If you are approaching a checkpoint, you can make a turn and go a different route. However, North Carolina has a chase policy, which allows the police to pursue and stop you if it appears you are evading the checkpoint. When you get to the checkpoint, you may be waived through or signaled to stop. You must stop if told or signaled to do so.

Who Gets Stopped at DWI Checkpoints?

The police must have a predetermined formula for who they stop. For example, every vehicle may be stopped or officers may stop every third vehicle. Officers CANNOT conduct random stops.

Do I Have to Talk to Officers at a DWI Checkpoint?

You do not have to answer an officer’s questions during a DWI checkpoint in Wilmington, NC. You will be asked for your driver’s license, registration, and insurance. You should provide these. If you refuse, you may be ticketed for driving without a license and/or driving without registration or insurance.

Do I Have to Submit to a Field Sobriety Test?

No. You never have to submit to any field sobriety tests. These include the one-leg stand, the walk-and-turn test, the horizontal gaze nystagmus test (eye test), saying the alphabet backward or any other psycho-motor test.

Will an Officer Ask Me to Blow into a Breathalyzer?

During the brief interaction at a checkpoint, if the officer notices any signs of intoxication, they may ask you to blow into a small portable breath test (PBT). You have the right to say no, but such action may be used against you at trial.

Do I Have to Get Out of the Car?

If an officer asks you to get out of the vehicle, you should comply for your own safety. It is not the time to argue. Note: you do not have to answer the officer’s questions, submit to any field sobriety tests or blow into a portable breath test.

Can the Police Search my Car?

No, the police do not have a warrant to search your vehicle at a DWI checkpoint. They either need your permission to do so or some fact must give them probable cause to arrest you and then search the car. Do NOT give the police permission to search your vehicle.

Can I Be Arrested at a DWI Checkpoint?

Most drivers spend only a couple of minutes at a checkpoint. However, yes, a checkpoint can result in an arrest, if an officer has probable cause to believe you are impaired or have committed another crime(s).

Contact a DWI Checkpoint Lawyer in Wilmington, NC

If you were arrested for DWI or any criminal offense at a sobriety checkpoint, contact Goolsby Law Firm at (910) 763-3339 . An experienced and aggressive Wilmington criminal defense attorney is ready to protect your rights and pursue the best possible outcome.

We’re available 24/7. You also can use the online form, call (910) 763-3339 , or send a text at (910) 262-7401 to request a free initial consultation.

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Three Quick Things to Consider Before Accepting a Plea in New Hanover County

Fri, 27 Dec 2019 17:23:00 GMT

Plea agreements in criminal cases help move cases through the system. Today, plea agreements resolve about of all criminal cases. Plea agreements usually involve a reduced sentence and/or reduced charges.

Some defense attorneys even refer to taking a plea in New Hanover County as “ritual begging.” The defendant does not have the upper hand in these negotiations. Regardless of the situation, it is a bad idea to negotiate from a position of weakness.

Taking a plea might be the best option in some situations. It can allow you to resolve the case quickly so you can deal with the matter and move on. HOWEVER, before you sign anything, make sure an experienced Wilmington criminal defense attorney has reviewed your case to ensure your best interests are in fact being considered and there are no avoidable, long-term implications by accepting the terms of the agreement.

At Goolsby Law Firm , we will thoroughly review your situation, offer practical guidance and ensure that your case reaches the best possible conclusion, either by negotiating a favorable plea or fighting the case in court.

Call us at (910) 356-8341 , send a text , or contact us online to set up a free consultation.

When considering if a plea is right for you, it helps to keep the following things in mind:

1. The Amount & Strength of the Evidence

DNA evidence, signed confessions and unfavorable DWI breath/blood tests are examples of strong evidence in criminal cases. But, even these are not absolute. DNA evidence generally only proves the defendant was there, signed confessions may be legally inadmissible and breath/blood tests are far from perfect. Everything else is circumstantial. In other words: subject to interpretation. Eyewitnesses are often biased or legally incompetent , perhaps because they have no independent recollection of the event or because they were not wearing prescription eyewear. Lineups might be unreliable as well, particularly if it was not “double-blind” (neither the witness nor the administering officer knew the defendant’s identity). So, the State’s case is almost never as daunting as it first seems. Remember, the State must prove every element of each offense “ beyond a reasonable doubt .”

2. Your Defense Lawyer’s Ability & Experien ce

One reason so many defendants take a plea in New Hanover County is that many attorneys can practice for years and never take more than two or three cases to trial. For them, a trial may not be an option. Such attorneys simply want to resolve cases quickly while reducing the potential penalties. While these attorneys may offer many legitimate reasons for this position, it usually does not serve you in the long run. Lack of criminal law experience in is another important consideration. You need someone who knows if a deal is good for you and your particular circumstances. For example: if you accept a plea in a DWI case, but don’t consider the effect on your license, you may not be able to drive to work. Likewise, if the prosecutor offers a plea in an assault case, but your attorney is prepared to challenge the evidence and witnesses at trial, you could see the charge dismissed or be acquitted. Attorneys who can hold the State to its obligations and humanize their clients before the Court consistently achieve better results.

3. The Nature of the Offer

Criminal convictions have serious direct and indirect consequences . In addition to jail time, a conviction could mean immigration problems, inability to obtain government assistance, like student financial aid, and the inability to get a job or a future promotion. Sometimes, prosecutors offer pretrial diversion or a deferred prosecution . As the names imply, such dispositions occur before the case goes to trial. In such cases, the defendant emerges with no criminal conviction. It is the same outcome as a not-guilty verdict at trial, plus there is no risk of a conviction. If these options are on the table, a plea bargain might be in the defendant’s best interests.

Speak with Attorney Thom Goolsby First

Plea bargains are usually tempting, but taking a plea in New Hanover County may not be the best idea for a defendant. It’s impossible to know, unless an experienced Wilmington criminal defense attorney thoroughly evaluates your case. This is the kind of representation you’ll find at the Goolsby Law Firm, PLLC. We have extensive trial experience, and in addition to knowing if a plea is right for you, we can tell if you will fair better by taking the case to court. We have been successfully resolving cases like yours for over twenty-five years. Thom Goolsby is ready to fight for you!

Contact us now at (910) 356-8341 for a free consultation. We’re happy to explain what you’re facing and what we can do to help.

The post Three Quick Things to Consider Before Accepting a Plea in New Hanover County appeared first on Goolsby Law Firm .

5 Ways You Can Make a DWI Worse in Wilmington

Thu, 26 Dec 2019 12:00:00 GMT

When you see the lights flashing and realize you are being pulled over for drunk driving in North Carolina, you may be overcome with feelings of dread and regret. You are probably aware of the severe penalties if you are convicted for Driving While Impaired (DWI), so being upset is understandable. Still, however frustrated you may be, it is important you refrain from certain actions during your encounter with the police. You are only placing your rights at risk, and you could seriously damage your case, potentially making a relatively straightforward DWI charge in Wilmington far worse than necessary.

At Goolsby Law Firm , we approach DWI cases from the fundamental legal concept that an arrest does not equal a conviction. You will have the opportunity to fight the charges, challenge the stop, the probable cause for the arrest and the breathalyzer result in order to pursue a dismissal or a not guilty verdict. These are the reasons why we dedicate extensive skills and effort to developing a solid defense strategy.

Instead of making your DWI worse, please contact our Wilmington office to schedule a no-cost consultation with an experienced and highly successful attorney. Call (910) 763–3339 , send a text, or our online contact form . We’ll be in touch to discuss how we can help.

How People Make a DWI Worse

When dealing with a DWI, it is essential to remember that your lawyer’s ability to secure a favorable result on your behalf will be linked to your conduct during the encounter and not to exacerbate the situation. This is why you should keep the following points in mind.

1. Being Rude and Disrespectful:

You will get off on the wrong foot right away if you are impolite, disparaging or insulting toward the officer(s) who stop you. Police are human. They don’t appreciate being treated with disrespect. If they lose patience with your rude behavior, the officer(s) will probably respond in kind with an immediate arrest. You might even accumulate multiple charges for resisting, hindering or delaying. Instead, be polite and comply with all reasonable orders.

2. Revealing Too Much:

Being polite does NOT mean you should be conversational with the police during the stop. What may seem like harmless chit-chat may actually be the officer’s way of getting you to admit you have been drinking. You might be charged with DWI in Wilmington if you provide suspicious answers to such questions as:

You should decline to answer these and any related questions since your statements could incriminate you. Inform the police that you would like to exercise your right to remain silent.

3. Engaging in Aggravating Conduct:

Certain circumstances could automatically make a DWI worse, even for a first-time DWI offense . North Carolina’s drunk driving laws designate different levels for DWI cases, and the presence of aggravating factors will increase the severity of the charges. Examples include:

4. Misunderstanding Your Rights:

If you refuse to blow or submit to chemical testing to assess your BAC, you trigger the state’s implied consent statute. This law requires all motorists to take a blood, breath, or urine test if properly requested by police, as a condition to holding a driver’s license. On its own, a refusal results in a one-year suspension of your driving privileges. If you’re ultimately convicted on DWI charges, this punishment is in addition to the penalties you face for violating DWI laws.

5. Attempting to Represent Yourself:

One of the worst things you can do in a DWI case is to try to go it alone in fighting the charges. Without a legal background, you do not have the essential knowledge and experience to mount a proper defense. In cases where it may be possible to negotiate a plea to resolve your case, you may not understand the full implications of the agreement and how it affects your life. Instead of putting your rights at risk, you should work with a qualified DWI defense attorney who will develop a solid strategy.

Penalties for a North Carolina DWI Conviction

By making your DWI worse, you also set yourself up for harsher punishments. The details will depend on your specific circumstances, the presence of aggravating factors and the presence of any mitigating factors that favor your position.

As an overview of North Carolina’s level system for penalizing impaired drivers:

Contact a DWI Defense Lawyer About All Your Options

While the Goolsby Law Firm is prepared to fight for your rights in any drunk driving case, you should remember how your own actions can impact the outcome. You are in a better position to obtain a positive result regarding a DWI in Wilmington when you avoid making things worse. For more information on how we can assist with your defense, like your eligibility for a DWI dismissal, a reduction or other favorable terms, please call (910) 763–3339 or contact us online to set up a free consultation.

The post 5 Ways You Can Make a DWI Worse in Wilmington appeared first on Goolsby Law Firm .

Can I Get Wilmington Domestic Violence Charges Dismissed?

Fri, 20 Dec 2019 20:33:00 GMT

Few other crimes in North Carolina have such direct and collateral consequences as domestic assault . Normally, assault is a Class B misdemeanor, but the aggressive New Hanover County prosecutors regularly enhance domestic assault charges to a Class A1 misdemeanor, pursuant to Section 14-33(c).

As such, these infractions have significant penalties and ramifications, including possible jail time, fines and a violent conviction on your record. Additionally, as a crime of moral turpitude , a domestic assault conviction could have a negative impact on your immigration status, and even if the incident occurred years earlier, it could influence a divorce or other family law case or impact your ability to get a job or promotion in the future.

Depending on the jurisdiction and the District Attorney’s political leanings, some prosecutors NEVER dismiss assault cases under any circumstances, no matter how weak the evidence is. But in other cases, especially if the defendant has an experienced Wilmington criminal defense attorney , a dismissal may be possible. Regardless, you always have the right to a trial.

If you or a loved one have been charged with domestic violence, the best thing you can do is to discuss the situation with attorney Thom Goolsby . At Goolsby Law Firm , we will thoroughly review your case to determine if a dismissal is possible or how you would benefit from fighting the charges. Thom Goolsby will never hesitate to try his clients’ cases.

For a free consultation, contact us online , send a text , or call us at (910) 763-3339 .

What Makes Domestic Violence Unique in North Carolina?

Upgrading domestic violence charges is not the only enhancement you may face. For instance, in most jurisdictions, if you are charged with violating a domestic protective order, a normal criminal trespass offense becomes a domestic violence incident. That means a mandatory arrest.

Domestic violence offenses also carry mandatory jail time. Typically, a 48-hour domestic hold applies. A district judge, not a magistrate, must set bail conditions. So, it is almost impossible for a defendant to get out of jail before the waiting period elapses.

Additionally, in simple assault cases, options like pretrial diversion and deferred disposition are usually available, especially if the defendant has no criminal record. Note: these options are normally unavailable in domestic violence matters.

For a domestic violence enhancement to apply, the defendant and alleged victim must share a relationship. The relationship could be:

Nearly all domestic assault cases involve the first or second category. The latter two categories, however, are subjective. One night together does not make two people cohabitants or dating partners.

How to Get Domestic Violence Charges Dismissed

Contrary to popular myth, physical injury is normally NOT an element of domestic assault. Unless the defendant is charged with strangulation , a “harmful or offensive touching” is sufficient. An injury, like a bruise or red mark, makes the case easier to prove, so it is more difficult to get these domestic violence charges dismissed.

Most criminal cases are single-witness cases. The single witness is typically the arresting officer. The officer is essentially treated like expert witnesses . Police officers have normally testified hundreds of times and have received departmental training in this area. They can make very effective witnesses and can prevent the alleged victim from recanting any harmful statements he/she made at the time of the incident.

But, assault cases are different. They typically hinge on the alleged victim’s testimony. Sometimes, these witnesses are unavailable. Other times, they are biased or incompetent. If the evidence or witness testimony is weak, prosecutors might dismiss domestic violence charges outright, but do not count on it.

Setting the matter for trial is usually the best option in weak evidence cases or when there are issues with the witness. The State must prove every allegation beyond a reasonable doubt . Without a competent witness, it is very difficult the for the State to meet its burden of proof. A trial might also be the only option, since many jurisdictions have no-dismissal policies for domestic violence charges.

I Was Listed as the Victim and I Don’t Want to Prosecute

In the old days, one spouse could invoke a testimonial privilege and refuse to testify against the other spouse. Those days are over. As far as the State is concerned, a spouse victim is simply a witness. Witnesses cannot dismiss domestic violence or other charges. Only the prosecutor can do so.

In fact, if any spouse victim refuses to cooperate, the State can issue subpoenas and attempt to force the spouse to testify against his/her will. Alternatively, the State could use a hearsay loophole, the excited utterance rule , to admit part of the police report into evidence. However, this trick rarely works.

A reluctant spouse victim could explain the situation to the prosecutor who might decide to dismiss the domestic violence charges. Note: prosecutors have the final decision.

Contact Goolsby Law Firm Today

Domestic assault charges are difficult, but not impossible, to successfully resolve. Despite the label the State applies, prosecutors must still prove domestic violence “beyond a reasonable doubt.” This is a high burden of proof. The sooner your lawyer can begin working on your case, the better your chances of obtaining a positive outcome.

For a free consultation with an experienced Wilmington criminal defense attorney, contact the Goolsby Law Firm, PLLC. Call (910) 356-8341 today, send a text , or contact us online . We’re happy to explain what you’re facing and what we can do to help.

The post Can I Get Wilmington Domestic Violence Charges Dismissed? appeared first on Goolsby Law Firm .

Reasons to Fight an Ignition Interlock in NC

Thu, 12 Dec 2019 12:00:00 GMT

When a simple mistake or error in judgment leads to DWI charge in North Carolina, there are specific penalties you expect. At a minimum, you could be looking at a fine up to $200 and 24 hours incarceration. However, your punishment could be even harsher if you had prior DWI convictions or aggravating factors apply. Plus, there is one critical consequence you may not realize. Under some circumstances, the Court may require you to install a device called an Ignition Interlock Device (IID) that prevents your car from starting if you’ve been drinking. The statutes regarding an IID in NC are designed for public safety, but they can also have a significant impact on many aspects of your life.

As such, it is usually in your best interest to fight DWI charges using all available defense strategies. At Goolsby Law Firm , we have in-depth knowledge and extensive experience representing clients in DWI cases. We are prepared to defend your rights if an IID may be required. We know how to best protect your ability to drive after a DWI charge.

Please contact our office in Wilmington today and set up a free consultation with a North Carolina DWI/DUI attorney .

Overview of Ignition Interlock Devices

Like many other US states, North Carolina has a law requiring a judge to order an ignition interlock device (IID) for some individuals convicted on DWI charges. The IID functions by disabling your vehicle’s engine if it detects alcohol when you blow into the mouthpiece. In most cases involving a second or subsequent DWI offense, you will need to install an IID once your driver’s license suspension period is over. Still, even a first DWI conviction in North Carolina can lead to the IID requirement if your blood alcohol content (BAC) was.15% or higher.

An IID may also be required if you opt for a limited driving privilege after being convicted of DWI. Under this arrangement, after a 45 days from your DWI conviction, you would be allowed to legally drive for limited purposes. During this time period your license would otherwise be suspended. The caveat for taking advantage of this limited driving privilege is the IID requirement.

Reasons to Fight an Ignition Interlock in North Carolina

You may not realize the full impact of the IID until you understand the different ways it will affect your daily routine and life. The following implications are just a few of the reasons to fight the requirement.

The Cost: All expenses related to the IID are your responsibility. There are a few different companies who contract with the state to provide IID services, each of whom charge various fees for:

Depending on how long the court orders you to have the IID, these costs could easily range into the hundreds or thousands of dollars.

Limitations on Your Freedoms: The IID is extremely inconvenient and invades on your private life. If you are out and have just one drink, you might be stranded – along with anyone else who relied on you for transportation. The inaccuracy of the IID is an even bigger concern. These devices are notorious for issuing a positive reading for trace amounts of alcohol or related substances, though you may not have consumed any alcoholic beverage.

Implications for Your Job: You must have the device installed on a designated vehicle that you will be driving for the duration of the Court’s order for an IID. If you drive for work, you will not be allowed to install the IID on a vehicle not owned by you. As such, you may not be able to perform job-related tasks, putting you at risk of being laid-off or terminated.

Your IID Defense Options

The key to fighting an IID in North Carolina is retaining an experienced DWI/DUI attorney to represent you. Experienced lawyers can pinpoint weaknesses in the allegations against you and develop strategies to defend your interests. If the prosecutor cannot prove guilt beyond a reasonable doubt in a DWI case, you may be acquitted or have the charges dismissed. One option is to contest the results of a chemical test that revealed you had a BAC .15% or greater. For a first-time DWI, you may avoid the IID requirement if you disprove excessive alcohol levels as an aggravating factor.

Speak with a DWI Lawyer in Wilmington, NC

These are just a few of the reasons you must fight DWI charges and avoid the requirement of an ignition interlock in NC. You increase the chances of obtaining a favorable result, like a complete DWI dismissal or a critical reduction in the charges and penalties (including the requirement for an IID) when you have experienced legal counsel. So, please contact Goolsby Law Firm to learn more about how we can help.

Schedule a no-cost case evaluation by calling (910) 763–3339 or contact us online . We’re happy to explain your defense options after we have a chance to review your case.

The post Reasons to Fight an Ignition Interlock in NC appeared first on Goolsby Law Firm .

What to Expect in a Wilmington DWI Trial

Fri, 15 Nov 2019 14:41:00 GMT

The process of going through a DWI trial may take more time than you expect and involve higher legal fees, but it may be worth the trouble and effort when your reputation, career, and freedom are on the line.

If you’ve been charged with DWI in North Carolina , your trial will take place in the District Court of the county where the alleged offense took place. These cases are typically bench trials, decided by a District Court Judge. But, if you are not satisfied with the outcome of your District Court trial, you may appeal. Unlike some states, your DWI case is eligible for a new trial in Superior Court in front of a jury.

At Goolsby Law Firm , we will thoroughly review your case to determine what DWI defenses may apply. We will vigorously advocate for the desired outcome at every stage of the criminal justice process.

For a free consultation with an experienced Wilmington DWI lawyer regarding the pros and cons of pursuing a DWI trial, call us today at (910) 763–3339 .

Understanding North Carolina DWI Pretrial Procedures

During a preliminary hearing for DWI and related charges, the District Court judge can weigh the evidence and rule whether your case should advance to trial. This hearing is the opportunity for your lawyer to present pre-trial motions such as a motion to suppress the stop and/or probable cause for your arrest.

The motion to suppress is a request for the judge to remove unlawfully obtained evidence and even your arrest from the case. If successful, your motion to suppress may require the judge to dismiss the charges because of a lack of evidence.

In most jurisdictions, this hearing is when your lawyer and the prosecutor would present plea agreements to the judge for approval. This is the way most drunk driving cases are resolved, but in North Carolina, this type of action is rare.

North Carolina General Statute section 20-138.4 requires prosecutors to present their reasons in writing for agreeing to a DWI dismissal or reduction. They can be required to convince the judge at the hearing why this is a good idea. In practice, this type of extra-judicial scrutiny over DWI plea agreements means that prosecutors rarely agree to them in the first place.

You Can Fight DWI Charges in Two Separate Trials

If you refuse a plea agreement to deal with your DWI charge and the judge is convinced that the prosecutor has enough evidence, your case will advance to trial. This trial will take place in District Court where a District Court Judge will decide the outcome of your case.

Many times, these judges are former prosecutors who are elected to their positions by voters. Judges and the public-at-large are very serious about DWI matters.

At your trial, the prosecutor must prove the three main elements of DWI beyond a reasonable doubt:

Generally, challenging the third element relating to intoxication is your best chance of avoiding a conviction.

If the prosecutor is using the results of a breath or blood test, your lawyer can raise doubt as to its accuracy. If the evidence of intoxication includes the officer’s observations of things such as your red eyes, slurred speech or behavior, it may be possible to show these factors were the result of fatigue, illness, age or stress.

If the defense arguments do not convince the District Court Judge, you will get convicted of DWI. Fortunately, you can request a new trial in Superior Court where a jury will hear your case. They may be more receptive to your arguments.

Depending on the facts, the evidence at the prosecutor’s disposal and the opportunities you have to challenge this evidence, taking your DWI case to the Superior Court may be the key to avoiding a conviction.

Talk to a Wilmington DWI Trial Lawyer Today

If you want to avoid the burden of criminal penalties and collateral consequences stemming from a North Carolina DWI conviction, you need to work with an experienced and aggressive defense lawyer . The sooner your lawyer can begin working on your case, the better your chances of obtaining a good case outcome.

To learn more about the defense options in your DWI case, call Goolsby Law Firm today at (910) 763–3339 for a free consultation.

The post What to Expect in a Wilmington DWI Trial appeared first on Goolsby Law Firm .

Doorbell Cameras in Wilmington: What the Police Can and Can’t See

Tue, 05 Nov 2019 14:38:00 GMT

Doorbell cameras in Wilmington are a popular housing trend, but they may be watching more than you think. This possibility could mean the police are watching too.

In August 2019, the Wilmington Police Department (WPD) began a partnership with Santa Monica, CA-based company Ring, and its “Neighbors” application. Ring manufactures video doorbells, and the Neighbors app allows users — and now the police — to watch doorbell videos from almost any location.

Wilmington joins over 400 other law enforcement agencies in the United States who can access hundreds of thousands of homeowners’ camera footage to “prevent and investigate crimes.” While more video footage will lead to more criminal prosecutions, it may also benefit innocent people to demonstrate they were not involved in the allegations.

The partnership will undoubtedly help solve some property crimes, like package theft . But, the arrangement raises important privacy concerns.

If you have been charged with a property crime in Wilmington or video evidence has linked you to a criminal incident, call Goolsby Law Firm today at (910) 763–3339 for your free consultation.

Does the Ring and WPD Partnership Go too Far?

WPD waited a month before making its partnership official. During this time period, the police used the Neighbors app to solve at least one crime. However, this partnership is not a one-way street. The police can access the video from residents, but the residents also get crime tips and notifications from the police — whether or not they actually own a Ring doorbell.

According to WPD spokeswoman Linda Thompson, the goal is to “support safer neighborhoods and more connected communities by creating a free tool for residents and local law enforcement to share real-time local crime and safety information whether or not they own a Ring device.”

The relationship between Ring and law enforcement agencies is not governed by law or regulations. Instead, it’s the company’s own policies that apply. These policies state the following:

These policies seem reasonable, but cases will likely occur to test their ability to balance public safety with citizens’ rights to privacy.

One potential problem is that a video doorbell user may have the ability to share footage extending beyond their property to another person’s property who may not have consented to share the video — much less to allow law enforcement access to the video.

Ring Intends to Use Facial Recognition in the Future

Ring is also attempting to pair its video doorbells with facial recognition technology. This development was reported last year by the ACLU, who obtained a patent application from Amazon, the owner of Ring.

The patent application described a system in which the doorbell can recognize faces and cross-check them against a database of suspicious people. If a suspicious person is tagged at the doorbell, the system alerts the police.

The world’s largest corporation may soon be managing and sharing a database of “suspicious” people with the authorities, not all of whom may have been convicted of crimes. This sharing of information has the potential to deprive people of their right to due process.

Another issue is that facial recognition is not as accurate for dark-skinned individuals, meaning people of color may be tagged more frequently as suspicious by the system. The disproportionate impact could raise significant legal issues — assuming the police begin using it.

Protect Your Rights with the Help of a Criminal Defense Attorney

Is the erosion of our privacy for the sake of safety and convenience the direction we wish to take as a society? What’s worse is that these decisions are not in the hands of ordinary citizens. Large corporations like Amazon are increasingly making these decisions for us.

If you have been accused of a crime in connection with Ring doorbell video footage, a Wilmington criminal defense lawyer can help. There are ways to challenge these cases, and you are always best served by reviewing the evidence with an experienced attorney.

For a free consultation, call Goolsby Law Firm today at (910) 763–3339 .

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Senate Bill Clarifies Credit for Time Served by Defendants

Wed, 06 Jul 2016 18:47:00 GMT

SENATE BILL 185 is the law in North Carolina. It clarifies credit for time served by accepting a recommendation by the North Carolina Sentencing Commission. The law now states that a defendant should receive credit for any time served related to the incident resulting in the charge. It further clarifies that credit for time served does NOT include any time a defendant has spent in custody as a result of a pending charge while serving a sentence imposed for another offense.

This means criminal defendants must make sure to understand why they are being held and not to expect credit toward other charges or for the time served to count toward an unrelated probationary sentence. Wise defense attorneys should consider having any unrelated probation violations file without delay on a defendant being held on a separate charge!

The post Senate Bill Clarifies Credit for Time Served by Defendants appeared first on Goolsby Law Firm .

Don’t Lose Your Personal Injury Claim to a Computer

Wed, 07 Oct 2015 14:59:00 GMT

Unless you are careful, you can lose your personal injury claim to a computer.

Many auto insurance companies now use the “Colossus” computer program to evaluate the claims of accident victims. Colossus is the software used by many insurance companies to aid in predicting the settlement value of injury claims. According to the program’s designer, Computer Science Corporation, it is used by more than 50 percent of the nation’s claim adjusters and by more than 300 insurance companies. Out of the top 20 property and casualty insurers in the United States, 13 are using Colossus. The insurance companies who use it keep Colossus secret. Your adjustor will not tell you if the company uses the software.

The insurance industry maintains it is a useful tool. Personal injury attorneys know the software favors the insurance companies. First, the values you receive are by definition a function of the data input and you never know what data the adjuster has used. Also, the program does not consider subjective elements of the case that are impossible to quantify such as the interference with normal life activities resulting from an injury. At trial these indications of pain and suffering are proven through the testimony of the injured parties and witnesses. Can a computer program quantify your emotional distress or the loss of enjoyment of your life? A Colossus valuation is an inaccurate calculation because it attempts to reduce a victim’s injury to a dollar value based only on certain facts that never reflect the totality of the victim’s condition or the accident events.

In a trial, a jury determines the value of a claim. Jurors are required to listen to actual testimony and consider many of the factors Colossus ignores. Colossus has no way to evaluate any of the subjective elements that may increase the jury’s award. Each victim is merely a compilation of numbers in the Colossus program.

So, how do you fight “The Machine”? An experienced personal injury attorney knows how Colossus works and how to obtain the best settlements when working against insurance companies who use the program. The key is to ensure the adjustor understands that you, the victim, are an individual, not a number, and your accident is unique, not one of thousands of identical events. The adjustors need to believe your attorney will take the case to trial if necessary. Earnestly preparing for trial is the best way to ensure top settlements.

Insurance companies have enormous legal advantages over the average person: great wealth, thousands of trained adjusters, experienced lawyers and paid experts ranging from doctors to accident reconstructionists to economists, who will be used to minimize or deny a victim’s compensation. Insurance companies are profit-driven corporations. The goal is to make money. All of those warm-hearted television commercials are nonsense. Insurance companies do everything they can to minimize claim payments.

You must realize this fact: insurance companies do not want you to hire a lawyer. The reason is simple: except for minor cases, victims are consistently awarded more compensation when a lawyer represents them. Auto insurance giant Allstate’s own documents show accident victims who retained attorneys received two to three times more money than victims who were not represented by lawyers.

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How the Statute of Limitations Can Kill Your Injury Case

Thu, 25 Jun 2015 19:59:00 GMT

Not paying close attention to the Statute of Limitations can kill your injury case .

Rigid legal timelines call the “Statute of Limitations,” can prevent a victim from ever going to court. Insurance companies make use of this time limitation whenever they can do so. Failure to act in a timely manner can be a complete bar to your right to recover anything for your injuries suffered as a result of the negligent actions of another.

In North Carolina, the typical negligence claim must be filed in court within three years of the date of the accident. A wrongful death action must be filed even sooner. Typically, the lawsuit must be filed within two years of the date the victim was killed.

The post How the Statute of Limitations Can Kill Your Injury Case appeared first on Goolsby Law Firm .

Who Pays Your Medical Bills from Auto Accident?

Tue, 07 Apr 2015 14:03:00 GMT

Who is responsible to pay my medical bills if I am hurt in a collision or a slip & fall incident?

YOU are always responsible for your own medical bills.

However, if you are injured by the negligence of another person, you may be entitled to recover the amount of your medical bills, as well as other types of compensation. However, in most cases the responsible person’s insurance company will not pay your bills as you incur them. Instead, the insurance company will wait until you have completely finished all of your medical treatment to make you a settlement offer.

Therefore, you should always file your bills with your health insurance provider, including Medicaid/Medicare, in order to insure that most, if not all, of your bills are paid on time so that your credit is not affected. If you do not have health insurance or Medicaid/Medicare, you should attempt to arrange for some type of payment plan with your doctors until your settlement is final in order to protect your credit.

NOTE: Even if someone else is at fault and later reimburses you, if you fail to pay your bills it can hurt or destroy your credit.

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4 Steps For A Successful Accident Claims Case

Tue, 07 Apr 2015 06:21:00 GMT

Statistics show that there are thousands of motor vehicle accidents occurring each year. These always include accidents involving property damage, and personal injury . Because of these, a claim is always going to be involved with an insurance company.

Although every accident is different, these steps to take are always going to be the same to ensure that everyone involved will be fully compensated for any losses.

The Accident Scene

As soon as the accident occurs, the first thing that needs to be done is to check the safety of any and all individuals involved in the crash. This includes the other vehicles too. If injuries are apparent or any medical assistance is needed, immediately call 911. Even if the accident is considered minor, it is better to play it safe. Not only is this important for the person’s health but will also play a role in the success of your claim.

Whether you are injured or not, you should always call the police to be dispatched to the scene. Do this even for minor accidents. That way you will have a police report that states exactly who was at fault.

The police report will also contain all pertinent driver and insurance information. All witness information and statements should also be gathered at this time as well.

Gathering evidence will also play a big role when it comes time to file an insurance claim. Take out your smartphone and start taking pictures of the scene, all vehicles involved, skid marks, traffic lights and signals, and debris that might be on the road. Make sure to state what the road conditions were like prior to the accident.

Lastly, whatever you do, do not talk to the other drivers concerning the accident. Doing so may incriminate yourself later.

Seeking Further Treatment

If you needed treatment while at the scene, chances are you will need further treatment afterward. Making sure your treatment is obtained timely makes a huge difference in your health. While at the hospital make sure to inform them that you were involved in a car accident. Make sure to complete all ordered treatment.

One thing that an insurance company will do is obtain your medical records for review purposes. So it is vital that your treatment from the beginning of injury is as detailed as possible and includes all treatment being obtained as ordered by a doctor.

Contacting Your Insurance Carrier

This should be done after assessing for injured victims and prior to collecting evidence. After contacting your insurance you will be given a claim number and a claims adjuster will be assigned to your case.

Depending on your insurance carrier, they may be able to dispatch an insurance representative to assess all damages and determine if your vehicle is repairable or is considered “totaled”.

If you are contacted by any other parties insurance company wanting a statement, it is your right to refuse. Inform them that they will receive all pertinent authorizations once all of your necessary treatments have concluded.

Have An Accident Lawyer At Your Disposal

Nobody likes to deal with an insurance company after being involved in a car accident. This is why having an attorney who specializes in personal injury is a great benefit to have. They will do all of the heavy work for you while you recover. Your personal injury attorney will know how to obtain all facts and demand settlements better than you will be able to.

If you need more information concerning the benefits of having a personal injury attorney, contact us today.

The post 4 Steps For A Successful Accident Claims Case appeared first on Goolsby Law Firm .

What is a CRIME in North Carolina?

Thu, 26 Mar 2015 18:04:00 GMT

A crime occurs when an individual commits an act that the law forbids or fails to do something the law requires. Many times a person can be held responsible, regardless of whether he/she knows that the action (or inaction) was against the law.

Crimes can range from small offenses that result in monetary fines or community service to serious offenses that can result in imprisonment or even death. The final outcome of any case will depend on the individual facts of the case, the defendant’s criminal record, and any agreements made as part of a plea agreement.

The more severe the crime, the less justified the acts are, and the greater the defendant’s personal criminal history, the stiffer the sentence.

Violations of the law in North Carolina are classified into three categories: Infractions, Misdemeanors, or Felonies.

Infractions: An infraction is a non-criminal violation of law. If you are charged with an infraction, you cannot be punished by going to jail. A fine of $100 is the maximum allowable punishment for a person found responsible for an infraction. A court cost can also be assessed. Most traffic offenses (i.e. speeding tickets) are considered infractions.

Misdemeanors: A misdemeanor is a criminal violation of the law punishable by no more than six months in jail. Misdemeanors are divided into four categories (A1, 1, 2, and 3), depending on the seriousness of the offense. These cases usually result in detention in the county jail, a fine and/or community service. Possession of drug paraphernalia, DWI and disorderly conduct are examples of misdemeanors.

Felonies: In North Carolina, felonies are generally classified as any crime that is punishable by imprisonment in a State facility or death. Some offenses that would otherwise be misdemeanors can be designated as felonies, depending on the presence of aggravating factors. The length of imprisonment for a felony may vary from months to life in prison, without the possibility of parole. For the most serious felonies, the punishment can be a sentence of death by lethal injection. Examples of felonies include most drug offenses , burglary and rape .

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Private Labs to Help in DWI & Other Cases

Tue, 24 Feb 2015 19:50:00 GMT

A New Law Authorizes Judges to Assess Fees for Toxicological Testing

For many years, backlogged evidence at the state’s crime lab has been causing headaches for prosecutors across North Carolina. A new law has gone into effect that is aimed at encouraging the private sector to help with lab testing in criminal cases.

Passed last year as Senate Bill 744, the legislation authorizes judges to assess a $600 fee for the cost of private hospital toxicological testing. To make such a finding, a judge must determine that the work performed by a local hospital is the equivalent of the same kind of work performed by the North Carolina State Crime Laboratory.

The fee is to be assessed when a defendant is convicted and a private lab has performed testing for alcohol or controlled substances. The fee goes to pay for the costs of the testing.

An additional $600 fee can be assessed for the services of an expert witness. This cost can only be assessed in cases where the expert witness actually testified in court.

Legislators who passed this law hoped that it would encourage the private sector to provide forensic testing in a timelier manner than the state’s crime lab has been able to do.

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Protecting Funds for Officers Injured in the Line of Duty

Mon, 02 Feb 2015 19:04:00 GMT

For several years while serving in the North Carolina Senate, I worked to stop the abuse by individuals seeking compensation reserved for law-enforcement heroes.

Under a previous state law, the Legislature had intended to continue the full salary of any state law-enforcement officer injured in the line of duty while protecting the public. This law was well intended — lawmakers wanted to make sure that law-enforcement heroes didn’t see a salary cut while going through the healing process after a significant injury. However, we discovered that a number of individuals, who were NOT heroes, were seeking compensation under the fund.

Here’s an example: A corrections officer slips in a parking lot and hurts his back. He is out of work for a year and a half while healing. Instead of seeking Worker’s Compensation , like every other employee is required to do, he would receive full salary and benefits under the salary continuation plan for up to two full years.

My new law amended the old legislation. Now, only law-enforcement officers “injured and incapacitated as a result of heightened risk and special hazards directly related to the violent nature of their official duties” will receive full salary for the two year period, before receiving the rates provided under Worker’s Compensation.

This change means that if the same corrections officer in our example was injured in a prison riot while attempting to protect another officer, he would receive his full salary and benefits for up to two years while healing.

This change will save taxpayers several million dollars every year and the fund will remain solvent to compensate our law enforcement heroes.

S.L. 2014-100, Sec. 35.12 (SB 744, Sec. 35.12)

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New Firearms Laws in North Carolina

Tue, 30 Dec 2014 14:03:00 GMT

With Gun-Friendly legislators in charge of the North Carolina House and Senate, various amendments to the State’s firearms laws have occurred over the last couple of years. Below is a list of the more interesting ones.

The legal changes have done the following:

This list is by no means exhaustive.

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Inmates with Cell Phones Now Face Felony

Fri, 12 Dec 2014 16:08:00 GMT

Cell phones in the hands of prisoners is a big problem for the North Carolina Department of Corrections. And, it’s not a new problem. There’s an urban legend of a death row inmate making a last ditch call to former Governor Mike Easley on a smuggled cell phone in hopes of preventing his execution. I could find no proof of this myth, but thousands of cell phones have turned up on inmates over the last couple of decades.

What can criminals behind bars do with cell phones? It’s up to their imaginations. They can order up drugs to be delivered in the body cavities of new arrivals, direct hits on outside enemies or guards, continue to run their illegal operations, etc.

What’s been the punishment for an inmate possessing a cell phone? Nothing more than a class one misdemeanor! Under provisions that took effect this month, possession of a cell phone by an inmate is now a class H felony carrying up to 39 months in prison.

Will this change stop inmates from having cell phones? No. However, unless the inmate is on death row or serving a life sentence without possibility of parole, it will make prisoners think twice about being caught with one.

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My criminal defense practice would be CUT IN HALF starting TODAY, if …

Thu, 04 Dec 2014 02:00:00 GMT

… people would just do ONE simple thing: REMAIN SILENT.

That’s it! It’s just that easy, BUT no one listens. Are you listening? Rarely, if ever, do people talk their way out of problems.

Law enforcement officials can misinterpret what you say, you can misunderstand their questions or you can just say dumb things that you never had to admit.

Face it, officers are paid to work hard and make arrests for the District Attorney’s office to prosecute.

Officers are professional investigators.

They are usually highly trained and perform their jobs on a daily basis. You are not a professional investigator, so why try to be one, only to land yourself in trouble?

Remember Martha Stewart? She was investigated for an offense that it turned out she did not commit, but she later when to jail for lying to investigators.

Why did she EVER say anything? I can tell you. She thought that she could talk her way out of a problem. Instead, she talked her way to jail.

Watch my short video and learn ALL YOU NEED TO KNOW: http://bit.ly/1CIYgB8

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DWI Cases CAN Be WON, But You Must FIGHT!

Wed, 03 Dec 2014 15:50:00 GMT

Do NOT give up hope if you are ACCUSED of a DWI/DUI . I am in court on a daily basis FIGHTING these cases and see incredible results.

How do you WIN? First, you must FIGHT EVERYTHING. The stop, each and every field sobriety test, probable cause for the arrest, your statements, the Intoxilyzer results, etc.

Second you must realize that everything is up for grabs! You MUST have a skilled attorney who is ready, willing and able to fight the State. You need an advocate who is NOT afraid to stand up for you.

Third, DWI/DUI law is some of the most complicated law on the books. Why? You can legally drink (or take medication) and drive in North Carolina, UNLESS you are impaired. There’s the rub – the State must prove beyond a reasonable doubt that you were IMPAIRED.

How is impairment PROVEN? Proof usually comes from the testimony of the officer and you. Most evidence offered is SUBJECTIVE. This means that evidence can and should be challenged. I cannot tell you the number of times I have tried a case only to discover ONE fact that wins it, when my client thought they had no hope.

Fourth, even in BAD CASES there is ALWAYS hope. A good attorney will search and search for the NUGGET of truth, the mistake in procedure, the questionable statement by the officer or an inaccurate observation.

Do NOT give up hope! Get a paper and pen. Begin writing down EVERYTHING you remember about the incident: the people you were with at the time of the stop, the people you had been with earlier that day, what you recall saying, do you have a receipt that backs up a contention of only having had two drinks, what was the weather at the time, what were the road conditions, did a nearby business have a video camera recording your stop, and on and on.

A good attorney will desire ALL of the information that you can provide. Facts make cases and lead to success.

When you are ready, I am here to help. Call or text me anytime at (910) 763-3339 . Thom Goolsby, MBA, JD.

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When can you be SEARCHED by a law enforcement officer?

Wed, 03 Dec 2014 14:02:00 GMT

You are NEVER required to consent to a search. If possible, before taking any action, talk to an attorney . It may even be possible to call an attorney from the scene of the incident.

Even without your consent, there are a number of situations when law enforcement may conduct a search of you, your automobile, house or other areas in your control (with exceptions), these situations include:

Law enforcement officials may violate individuals’ rights while conducting searches. While such violations may later be relevant in a trial relating to charges associated with those searches, you should refrain from improperly resisting law enforcement — no matter how wrong you may think they are. You will have a chance to defend yourself in court at a later date!

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What To Do If Your Loved One is in Jail

Sat, 29 Nov 2014 09:30:00 GMT

It is always shocking to find out a friend or a loved one has been arrested and is in the custody of the police. However, your loved one is counting on you for help. If you discover that someone you love is in jail, it is vital to follow certain steps to ensure their legal rights are fully protected.

1. Get information. The first thing to do is ask your loved one where they are being held and the name of the police agency. If they don’t know, then ask a police officer. Find out what the charges are, but do not allow your friend to explain the situation. The phone conversation may be recorded for later use and held against your loved one.

2. Tell your loved one to remain silent. Inform your loved one to keep silent — often referred to as “pleading the fifth” — and not make any statements or take any tests without the presence of a qualified attorney. In addition, tell the police officer or detective not to question your loved one until an attorney arrives. Write down the time you made this request.

3. Document everything that happens. Write down all the important information you gather from the time you are informed of the arrest and beyond. This will not only help you keep things straight during this stressful, and often overwhelming, time, it can also help your criminal defense attorney protect and maximize your legal rights.

4. Find a qualified criminal defense attorney. While the first thing you may be inclined to do is get your loved one out of jail, it is important to find a criminal defense attorney who can help protect your loved one’s legal interests and assist in the release process. Give the lawyer as much information as you can about the arrest and the charges made. Ask the lawyer to immediately call the police agency and prohibit any officers from questioning your loved one. Contact us to speak with an experienced and qualified criminal defense attorney.

5. Pay the jail bond. In most cases, a magistrate sets a bond amount shortly after the arrest. A bond is a monetary guarantee that your loved one will appear in all subsequent court proceedings in exchange for his release from initial holding. The amount is usually contingent on the type of charges brought against your loved one and personal circumstances including previous convictions, employment, and community ties. If the bond amount is set, you may go about posting the money three different ways.

Present the cash in the full amount to the magistrate, which will be returned to you as long as your loved one follows all court instructions — when the charges are resolved in court.

Get the money from a bail bondsman who will charge a percentage of the bond amount, which is non-refundable.

Request a release through the Pretrial Release Coordinator. Pretrial release reviews are most commonly reserved only for low risk individuals who are not accused of serious crimes. It is important to seek the early advise of a qualified attorney to ensure your legal interests are protected.

6. Support your loved one. When your loved one is released from jail, continue to show your support. Get into contact with a qualified attorney and learn what the legal ramifications of the charges are, what rights your loved one is guaranteed, and what future steps need to be taken.

If your loved one is in jail, contact me at (910) 763-3339 (voice & text) or checkout my website: http://bit.ly/1EGtmHc. Attorney Thom Goolsby

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Some Circumstances that Can Lead to Suspended Drivers’ Licenses

Thu, 15 Jan 2009 06:12:00 GMT

The following are just some of the circumstances that can lead to having your driving privileges suspended or revoked:

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How can you get a Limited Driving Privilege after only 10 days from the date of Revocation? Part II

Thu, 15 Jan 2009 00:58:00 GMT

If these conditions apply to you, you must wait at least 10 days before requesting a limited driving privilege while you are waiting for your court date. You must have completed a Substance Abuse Assessment prior to applying for the limited driving privilege. Assessment fees are set by law. You can get your assessment through any court approved agency.

When you (or your attorney) go to court for your limited driving privilege, you must bring with you a Petition for Limited Driving Privilege (Form AOC-CVR-9), a copy of your Substance Abuse Assessment performed by a court approved program, a Certified copy of a seven-year Driving History (cost $7.00), a valid DL-123 insurance form from your insurance agent (good for only 30 days; the court will accept a faxed copy) and three copies of a fully completed, typed, proposed Limited Driving Privilege.

The post How can you get a Limited Driving Privilege after only 10 days from the date of Revocation? Part II appeared first on Goolsby Law Firm .

Can I represent myself?

Tue, 27 Nov 2007 01:17:00 GMT

Absolutely! If you have a clean driving history and have not attended traffic school in the last several years, you can attend court on your scheduled court date and, if you have charged with a minor traffic offense , the District Attorney’s office will very likely allow you to attend traffic school for several hours, pay fee for the school and your court costs. Upon successfully attending traffic school, your charge will be reduced to improper equipment (a non-moving violation that carries no drivers license or insurance points).

Should I represent myself?

It depends on whether or not you’re qualified for and interested in attending driving school. It also depends on how valuable your time is to you. In most if not all of my cases, my clients waive their court appearances and I am able to resolve their cases so that they are not assessed with any points and they are not required to attend driving school.

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How is the ALCO-SENSOR device used in DWIs?

Wed, 26 Sep 2007 15:53:00 GMT

Another type of test that the officer may use to help determine whether you have been drinking or under the influence of drugs while driving is an alco-sensor. This is what some people call the mini breathalyzer. It is a miniature hand held machine that the officers carry in their vehicle to give them a rough blood alcohol concentration reading. If, after blowing into this machine, the reading is high enough, the officer may use this result in finding probable cause to arrest you. The officer cannot, however, use this result in substitution of doing the formal Breathalyzer test downtown.
General Statutes

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What is a “Slip and Fall?”

Wed, 19 Sep 2007 15:34:00 GMT

“ Slip and fall ” or “trip and fall” are generic terms used to describe an injury or accident which occurs due to slipping or tripping and falling as a result of a dangerous or hazardous condition on someone else’s property. It includes falls in supermarkets, as well as falls resulting from water, ice or snow and abrupt changes in flooring, poor lighting, or a hidden hazard such as a hard to see hole in the ground.

A person who slips and falls on someone else’s property is not automatically entitled to recover damages for any personal injuries which follow. The injured person (called the “plaintiff”) must prove that the fall happened because of the negligence of the property owner or someone else who could be legally responsible.

North Carolina is one of the few states which still clings to the “pure contributory negligence rule” which bars any recovery by an injured person if that person in any way contributed, by his or her own negligence, to the accident and injury. In cases of open and obvious hazards, this makes it very difficult, if not impossible, for the injured party to recover compensation.

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How is competency to stand trial determined?

Sat, 08 Sep 2007 15:50:00 GMT

Criminal procedures in a trial must protect a defendant’s due process rights. If a defendant who is legally incompetent to stand trial is convicted of a criminal offense, the defendant’s due process rights are violated. A defendant cannot be prosecuted if he or she is incompetent to stand trial.

A defendant is competent to stand trial if he or she has sufficient present ability to consult with his or her attorney with a reasonable degree of rational understanding and if he or she has a rational and a factual understanding of the proceedings.

Whether a defendant is insane at the time he or she commits an offense is not relevant to the issue of whether the defendant is competent at the time of trial.

The fact that a defendant must be medicated in order to stand trial does not necessarily render the defendant incompetent. The government is entitled to administer drugs , including antipsychotic drugs, to the defendant in order to render the defendant competent to stand trial as long as the drugs are medically appropriate and will not cause side effects that will interfere with the defendant’s ability to assist in his or her defense. An important governmental interest must also be present before the drugs can be administered to the defendant. Even though the government has an interest in prosecuting the defendant, the government must also show that it has an interest in granting a fair trial to the defendant. However, the government is not entitled to administer drugs to the defendant in order to render the defendant incompetent to stand trial.

If an issue regarding a defendant’s competency to stand trial is raised before or during a trial, the trial court is required to conduct a separate hearing on the defendant’s competency. The hearing must be held outside the presence of the jury that has been empanelled to decide the defendant’s guilt or innocence. If there is any doubt as to whether the defendant is competent to stand trial, the doubt must be resolved in the defendant’s favor.

A hearing on a defendant’s competency to stand trial assesses the defendant’s competency in accordance with the prevailing legal and medical standards. All evidence that is material and relevant to the defendant’s competence is admissible. But, evidence that refers to the defendant’s guilt or other irrelevant or prejudicial matters is not admissible.

A hearing on a defendant’s competency to stand trial may be conducted even if the defendant does not request the hearing or if the defendant opposes the hearing. The defendant does not waive his or her due process rights by failing to request the hearing. If the defendant is incompetent, he or she cannot voluntarily, intelligently, or knowingly waive his or her due process rights.

A trial court must conduct a hearing when a defendant’s competency to stand trial becomes an issue. Proof of the defendant’s incompetency does not need to be conclusive in order for the hearing to be required. The trial court may grant the hearing even if the defendant or his or her counsel has not raised the issue. The trial court should order a hearing when certain facts or circumstances are brought to the court’s attention that create a reasonable doubt as to the defendant’s competency. Factors that raise the issue of the defendant’s competency include the defendant’s past irrational behavior, the defendant’s demeanor at trial, and the defendant’s prior mental illness. However, the defendant’s problems with alcohol , mental deficiency, or mental and emotional problems do not in and of themselves raise issues of the defendant’s competency.

The prosecution has a duty to disclose information that shows that a defendant may be incompetent to stand trial. If the prosecution fails to disclose such information, the defendant may be entitled to post conviction relief.

When a defendant’s counsel raises the issue of the defendant’s competency to stand trial by a motion, the motion must allege that the defendant is incompetent. Merely filing the motion does not raise the issue of the defendant’s competency.

Before a trial court accepts a guilty plea from a defendant, the court must determine that the defendant is mentally competent. Before the trial court pronounces the defendant’s sentence, the court must also determine that the defendant is mentally competent. An adjudication of guilt as a result of a guilty plea or a jury verdict violates due process if the defendant is incompetent.

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What about license revocation following a DWI conviction?

Sat, 18 Aug 2007 15:36:00 GMT

After going through the court process, paying fines and complying with all the other terms and conditions that the judge will impose on you, the next problem you have to face will be with the Department of Motor Vehicles (DMV). The DMV will revoke your license for a one-year period after you have been convicted of a DWI for a level Five.

If you have not had any prior convictions, at the time you are in court before the judge, you or your attorney can request a limited driving privilege, if you meet the criteria. A limited driving privilege allows you to drive for the purposes of work, community service, court-ordered treatment and school in a limited specific geographic area during limited specific hours.

A limited driving privilege will usually allow you to drive essentially from 6:00 am until 8:00 pm Monday through Friday within the conditions stated above. If you need to drive outside of these standard hours or on weekends, you would need special permission from the judge. Reasons for this variation might include your job or your family.

General Statutes
3-24-05

General Statutes (More)
3-24-05

If you have had a DWI conviction in the past seven years you are not eligible for limited driving privilege. A limited driving privilege is considered to be exactly that, a privilege.

If you are caught driving outside of your hours, geographic region, assigned purpose or if you are driving with any amount of alcohol in your blood whatsoever, even as little as a .01 or .02, you can lose your limited driving privilege. The police officer only has to suspect you have been drinking. The level of proof is appreciably less than what was required for a conviction of a DWI.

If you lose that privilege, you are not allowed to drive at all during the year that your license is revoked and you will be charged with driving while license is revoked.

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Q&A: If I have health insurance to pay my medical bills, do I still have a case against the person at fault?

Tue, 14 Aug 2007 15:30:00 GMT

If I have health insurance to pay my medical bills, do I still have a case against the person at fault?

Yes. However, some health insurance providers (Medicaid; Medicare; Champus; self-funded ERISA plans; worker’s compensation) are entitled to at least partial reimbursement from your settlement. However, many times the amount that you have to pay back to your health insurance company is less than the amount of the original bill.

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How can you get a Limited Driving Privilege after only 10 days from the date of Revocation?

Sat, 11 Aug 2007 15:30:00 GMT

If these conditions apply to you, you must wait at least 10 days before requesting a limited driving privilege while you are waiting for your court date. You must have completed a Substance Abuse Assessment prior to applying for the limited driving privilege. Assessment fees are set by law at $50.00. You can get your assessment through any court approved agency.

When you (or your attorney) go to court for your limited driving privilege, you must bring with you a Petition for Limited Driving Privilege (Form AOC-CVR-9), a copy of your Substance Abuse Assessment performed by a court approved program, a Certified copy of a seven-year Driving History (cost $7.00), a valid DL-123 insurance form from your insurance agent (good for only 30 days; the court will accept a faxed copy) and three copies of a fully completed, typed, proposed Limited Driving Privilege .

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