Probable Cause Hearings and Grand Jury Indictment

North Carolina laws provide three ways by which a case can be prosecuted in Superior Court, which is where all felonies must be tried. The prosecutor may request that a judge find probable cause that the person committed a crime after a hearing in open court. This is called a probable cause hearing. If the District Court judge finds probable cause exists, the District Court judge can bind the person over for a trial in Superior Court. The probable cause hearing is a great time for a criminal defense lawyer to vigorously cross-examine the state’s witnesses and potentially end the case....

06 May

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I’ve been charged with a Felony, but I have not been Indicted, why?

Posted by Chris Proffitt

in criminal defense

Often, individuals are charged with felonies and their court dates are set for district court. As many people may know, felonies are typically dealt with in Superior Court and cannot be handled or disposed of through plea or trial in district court. However, there are many reasons that someone who has initially been charged with a felony may be in district court. The defendant or the person charged may need to be arraigned (a judge tells you what you have been charged with and the possible sentence range); Bond hearing on certain lower level felonies; Misdemeanors have also been...

29 February

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Can I Get Removed from the Sex Offender Registry?

Posted by Chris Proffitt

in criminal defense

Undoubtedly, the Sex Offender Registry is one of the harshest punishments that continues after or beyond prison. The ramifications and long-lasting effects impact not only the individual but also the person’s children, family members and makes finding housing or obtaining employment very difficult. But, there is relief and something you can do to get yourself off the Registry. In North Carolina, one becomes eligible for removal after 10 years of being on the Sex Offender Registry, or SOR. However, there are exceptions to this rule. While some people become eligible between the 10-15 year mark, others do not qualify. The Federal Government...