Wallace Criminal Defense Lawyer

Wallace Criminal Defense Attorney

If you are looking for the guidance and care that a Wallace criminal defense lawyer can offer, speak with the attorneys at the law firm of Silva, Kiernan & Associates, PLLC. Our team has worked on a wide scope of criminal cases and has experience successfully representing our clients and resolving even the most challenging legal issues. We have handled cases from a simple seatbelt violation all the way to first-degree murder.

What Is Considered a Criminal Offense?

At large, a criminal offense, also called a crime, is an act or failure to act that violates a law enacted by a governmental authority and is punishable by law through the legal system. Criminal offenses are considered serious violations of societal norms and are subject to criminal punishment and prosecution. Below are the specific characteristics of a criminal offense:

• Violation of Law: A criminal offense involves a specific conduct that is prohibited by the law. This can include actions like assault, theft, drug possession, fraud, vandalism, drunk driving, burglary, and many more. Criminal offenses are typically defined by statutes enacted by legislatures at both the federal, state, and local levels.
• Intent or Mental State: Many criminal offenses require proof of a particular mental state or intent on the part of the perpetrator. An example of this is that some offenses require proof that the individual acted intentionally, knowingly, recklessly, or with other considered criminal negligence. Intent can be a crucial element in determining the severity of the offense.
• Punishment: Criminal offenses are punishable through the criminal justice system. These punishments can include fines, probation, community service, imprisonment, or other penalties. The severity of punishment will generally depend on specific factors, such as the criminal history of the defendant, the nature of the criminal offense, and the specific jurisdiction’s sentencing guidelines.
• Legal Contest: Criminal prosecutions involve a legal contesting process, or adversarial process, in which the prosecution and defense prevent evidence, examine witnesses, and then make legal arguments before a judge and/or jury. Defendants have a right to legal representation and are entitled to challenge the charges against them, confront witnesses, and present evidence in their defense.
• Assumed Innocence: All individuals accused of criminal offenses are presumed innocent until proven guilty in the United States. This means that it is the job of the prosecution to prove the defendant’s guilt beyond a reasonable doubt to get a conviction. Defendants also hold the right to remain silent and cannot be compelled to testify against themselves.

How Can a Criminal Defense Lawyer Help Me?

A criminal defense lawyer can provide essential assistance if you are facing criminal charges. Through their understanding of criminal law, legal procedures, and the criminal justice system, they can help explain the charges against you, your rights, and all potential legal defenses available in your unique case. A defense lawyer will assess the strengths and weaknesses of the prosecution’s case against you.

A lawyer will engage in a detailed investigation where they review all evidence, witness statements, police reports, and all other relevant information to develop a thorough defense strategy on your behalf. Your lawyer will be your trusted legal advocate, ensuring that your rights are protected throughout the process. As questions and concerns emerge, you can turn to them for solid advice and counsel.

Your defense lawyer will represent you in court if your case goes to trial. They will present evidence, cross-examine witnesses, and make essential legal arguments to defend your innocence or mitigate the charges against you. Overall, a criminal defense lawyer’s collaboration on your case is essential to ensure that your rights are protected and that you receive the most positive outcome, given your unique circumstances.

FAQs

Q: How Much Does a North Carolina Lawyer Cost?

A: How much a North Carolina lawyer costs depends on a wide variety of factors. These factors include the lawyer’s experience level, location, the complexity of your case, the specific legal services required, and more. Lawyers generally charge an hourly rate, a flat fee, or a contingency fee, and all of these payment structures can impact total costs. It is essential to discuss fee arrangements with any lawyer you work with to understand the financial expectations of their services.

Q: What Is the Difference Between a Lawyer and an Attorney in North Carolina?

A: The difference between a lawyer and an attorney in North Carolina is small and often not cited as having major differences, as they are often used interchangeably to refer to the same profession. A lawyer is typically a more broad and general term for an individual who is licensed to practice law, and an attorney refers to someone who is authorized to act on behalf of another person in legal matters.

Lawyers may prefer the term attorney to emphasize their role as legal representatives.

Q: What Is the MUSCA Law in North Carolina?

A: The MUSCA law in North Carolina stands for the “Misdemeanor Unlawful Substance Control Act.” This act outlines the regulations and penalties related to the possession, sale, manufacture, and distribution of controlled substances in the state. Misdemeanor drug offenses typically involve smaller amounts of controlled substances or related activities.

Any related legal concerns with drug laws should be addressed with a qualified attorney as they can provide you with accurate and up-to-date information that is North Carolina based.

Q: Can a Lawyer Drop a Client in North Carolina?

A: A lawyer can drop a client in North Carolina in certain circumstances that are outlined in the North Carolina Rules of Professional Conduct. One of the circumstances in which a lawyer can terminate work with a client is if the client engages in criminal or fraudulent behavior or action. Another consideration is if the lawyer’s mental or physical condition affects their ability to perform their role as representation for their client.

Speak With a Wallace Criminal Defense Lawyer Today

At Silva, Kiernan & Associates, PLLC, we work to see a positive outcome for our clients’ with a successful defense. If you find yourself in search of a qualified and experienced criminal defense lawyer in North Carolina, please reach out to our law office and set up a consultation.

We work to assess your case and swiftly provide you with steps to move forward efficiently and effectively. Our team has handled a wide range of criminal charges as prosecutors and defense attorneys and is here to help.