Defense Against Serious Felony Offenses ◊ Raleigh, North Carolina, Lawyer
A serious felony offense can bring serious consequences. You could be sentenced to years, decades or life in prison. At the law office of Dewey P. Brinkley, we take your charges as seriously as you do.
What Happens After You are Arrested for a Felony
Within 72 hours of arrest on a felony charge, the defendant will be brought before a District Court Judge for an initial setting called the First Appearance. The purpose of this setting is fourfold: 1) to inform the defendant of the charges against him or her; 2) to inquire as to whether the defendant seeks to hire a lawyer, represent themselves or apply for court-appointed counsel; 3) to review the original conditions of release (usually a secured bond) as set by the magistrate after arrest to determine if they are appropriate; and 4) set a date for a probable cause hearing.
The Probable Cause Setting
In Wake County, probable cause hearings in District Court are almost never granted even though they are a statutory right under North Carolina law. The probable cause setting instead is an opportunity for the defense attorney to:
- Obtain information, usually police reports and/or lab results, the prosecutor is willing to share about the case so as to better inform the client of potential strengths and weaknesses in the State's evidence.
- Determine if a plea offer is being made either to a lower class felony or misdemeanor, or whether the prosecutor is seeking an indictment that will transfer the case to Superior Court.
- In cases where the client is still in jail, ask the court for a bond hearing in hopes that the bond will be reduced to an amount the client can post awaiting trial in Superior Court.
After the Probable Cause Setting
While many lower level felony charges are often resolved at the Probable Cause setting by a favorable plea offer in district court, prosecutors routinely seek indictments on high level felonies such as robbery with a dangerous weapon, rape, first degree kidnapping and burglary, as these crimes are within the original jurisdiction of the Superior Court. In these cases, an indictment is presented before a grand jury of ordinary citizens, through testimony of the arresting officer or detective, usually three to five weeks after the probable cause setting. Once the indictment is true billed by the grand jury, jurisdiction is transferred to Superior Court. The initial setting in Superior Court, called the Motions and Arraignment Setting, takes place three to four weeks after the indictment is true billed by the grand jury.
Dewey P. Brinkley is a former Wake County prosecutor who has handled hundreds of criminal cases. He has won acquittals for past clients on charges ranging from robbery with a dangerous weapon and felony assault to indecent liberties with a child. If you would like to schedule a free initial consultation, contact our firm online or call us at 919-832-0307. We provide dedicated, diligent representation against felony offenses such as:
- Armed robbery
- Sexual assault
- Possession of a firearm by a convicted felon
- Rape and statutory rape
- Indecent liberties
The Experience and Knowledge You Need
If you are facing a serious felony offense, your primary concern should be to find an attorney with experience. As a former Wake County Assistant District Attorney and as a native of Wake County, Mr. Brinkley brings an in-depth understanding of the local legal landscape and extensive criminal trial and negotiation experience.
Personalized Service, Dedicated to Your Case
At our law firm, every client receives as much time and attention as is necessary to build the strongest possible defense. Attorney Brinkley will work directly with you, personally handling every aspect of your case to make sure that no detail is overlooked. In addition, because we are a small firm with low overhead, we are able to offer competitive rates.
To schedule a free initial consultation and find out if our law firm is right for you, call 919-832-0307 or contact our offices online.