Case Results

Case example: Our client faced 300-369 months in prison on a felony sex charge. Marcilliat & Mills PLLC got the charge dismissed for our client with a misdemeanor probation.

Case example: Our client faced 12 months in prison for having a concealed weapon (no permit) in his car on federal property. We got the case dismissed with no prison time.

Case example: Our client faced 120-160 months in prison on forgery charges. She was accused of forging thousands of dollars in stolen checks. We got the case dismissed.

Case example: Our client’s ex-wife falsely accused him of assault. As a Corrections Officer, his entire career was on the line. After pointing out major discrepancies in her story, we negotiated dismissal of the charges.

Case example: Our client was indicted for downloading several child pornography videos. After filing a sentencing memorandum attacking the merits of the applicable sentencing guideline, the Court sentenced our client to less than half of the bottom end of the recommended range.

Our client was charged with First Degree Rape, First Degree Sexual Offense, and First Degree Kidnapping, causing the client to face 793 to 1000 months in prison. The alleged victim claimed that she was taken against her will and raped by multiple men, including our client. We discredited the victim’s accusations by pointing out the numerous inconsistencies in her allegations and the Assistant District Attorney dismissed all charges against our client.

Police stopped our client’s girlfriend after she left our client’s house and was found to be in the possession of a significant quantity of crack cocaine. The police believed our client’s girlfriend was a drug mule for our client. Our client was subsequently charged with two counts of Trafficking Cocaine and other felony and misdemeanor charges. After rejecting a plea offer and filing a motion to suppress challenging the traffic stop, the Assistant District Attorney dismissed all of the charges.

Our client, who was a high-level employee for a major retailer, was falsely accused of embezzling merchandise from her company totaling more than $15,000 and facing 6-17 months in prison plus status as a convicted felon. After reviewing the State’s evidence, our firm performed an independent investigation of the facts that led to the discovery of a key defense witness whose testimony completely exonerated our client of any wrongdoing. Upon presenting this witness’ sworn testimony to the assigned prosecutor, all charges against our client were promptly dismissed.

Accusation: Common Law Robbery, Communicating Threats, and Assault on a Female (N.C.G.S. 14-87.1; N.C.G.S. 14-33)

Facing: 13-25 Months (on Robbery charge) plus 60 days (for Assault on a Female charge)

Result: Not Guilty

State v. M.K.: Our client was accused of running his girlfriend’s car off the road, smashing out her window, and taking property from her car. After pointing out serious flaws in the State’s case, the prosecution decided to dismiss the felony common law robbery and communicating threats charges, and we proceeded to trial on the only remaining charge – Assault on a Female. At trial, our client was found
not guilty after we successfully argued that his actions did not meet the legal definition of Assault.

Attorney: KMM

Accusation: Assault on a Female and Civil Complaint for 50B Domestic Violence Protective Order (DVPO) (N.C.G.S. 14-33; N.C.G.S. 50B-1)

Facing: 60 days in jail and entry of 50B civil restraining order

Result: All charges dismissed after entry of consent judgment regarding child custody

State v. J.S.: Our client, who was employed as a Corrections Officer with his entire career on the line, was falsely accused by his ex-wife of Assault, resulting in both criminal charges and a civil suit for a 50B Domestic Violence Protective Order. After pointing out major discrepancies in the plaintiff’s story, we were able to successfully negotiate the dismissal of the criminal charges with the District Attorney and the 50B with the Plaintiff’s attorney. Additionally, we were able to craft a civil no-contact order and temporary child custody order to resolve the couple’s ongoing child custody dispute, saving our client’s career as a Corrections Officer.

Attorney: KMM

Accusation: Assault on a Female, Injury to Personal Property, and Civil Complaint for 50B Domestic Violence Protective Order (DVPO) (N.C.G.S. 14-33; N.C.G.S. 14-160; N.C.G.S. 50B-1)

Facing: 120 Days in Jail and entry of 50B civil restraining order

Result: All charges dismissed

North Carolina vs. C.J.: Our client was accused of assaulting his girlfriend during a heated argument, leading to Assault charges and a civil suit for a DVPO. After successful discussions with the District Attorney and the Plaintiff’s attorney, all charges were dismissed against our client.

Attorney: KMM

Charges: (F) Possession Firearm by Felon; Possession with Intent to Sell/Deliver Marijuana; Possession with Intent to Sell/Deliver Cocaine

Facing: 83-112 months on the Gun charge alone if indicted as a Habitual Felon

Result: Probation; Gun charge dismissed

North Carolina v. R.B.: Our client was arrested in a small county in Eastern North Carolina after police raided a residence with a search warrant and located large amounts of marijuana, cocaine, and a firearm. At the time our client retained our office to represent him, he had previously received a plea offer to plead guilty to the Possession of Firearm by Felon charge, under which he would have received a lengthy active prison sentence. After conducting a thorough review of the evidence and pointing out flaws in the State’s case, we secured the dismissal of the Firearm by Felon charge and secured probation with no active time.

Attorney: KMM

Charges: Habitual Felon (N.C.G.S. § 14-7.1); Trafficking in Methamphetamine (N.C.G.S. § 90-95(H)(3B) (two counts); Manufacture of Methamphetamine (N.C.G.S. § 90-95(B)(1A)); Possession of Drug Paraphernalia (N.C.G.S. § 90-113.22(A)); Maintaining a Motor Vehicle/Dwelling Place for Keeping or Selling a Controlled Substance (N.C.G.S. § 90-108(a)(7)); Felony Probation Violation (N.C.G.S. § 15A-1345)

Facing: 624 – 791 months plus revocation of probation

Result: Probation

State v. S.C.: Client was charged along with 2 other codefendants in the manufacturing and trafficking of methamphetamine. After law enforcement found a “clandestine laboratory” in the codefendant’s vehicle, a search warrant was executed at our client’s home. Law enforcement located cleaning supplies and alleged that the cleaning supplies were “methamphetamine precursors.” Our client was facing mandatory prison time, if convicted. The Assistant District Attorney indicted our client as a “habitual felon,” due to his prior criminal history, exposing our client to even more active jail time if convicted. Further complicating matters, Defendant was already on probation at the time of the offense and, if convicted, he was facing the activation of his probation sentence. We placed the case on a trial calendar and demanded to inspect the evidence seized from our client’s home. After inspecting evidence and identifying weaknesses in the state’s case, we were able to persuade the Assistant District Attorney to dismiss four of our client’s charges and stipulate to a full probationary sentence on the remaining offense. We further persuaded the judge to strike our client’s probation supervision fees for the duration of his probationary sentence.

Attorney: MJM

Charges: (2 Counts) Trafficking 28 Grams or More of Heroin, N.C. Gen. Stat. 90-95(h)(4); Sale or Delivery of a Schedule I Controlled Substance, N.C. Gen. Stat. 90-95(a)(1)

Facing: Mandatory Minimum Sentence of approximately 19 Years on each Level III Heroin Trafficking charge

Result: All Charges Dismissed

North Carolina v. M.R.: Our client was arrested and charged with the most serious drug trafficking charges that exist under North Carolina law – multiple counts of Level III Heroin Trafficking – after she was apprehended at Raleigh-Durham International Airport (RDU) with what police and federal agents described as 582 grams of heroin (over 1 pound). After gaining access to a key lab report that showed the substance seized by law enforcement from our client was not actually heroin – or any other controlled substance – all charges against our client.

Charges: Trafficking in Marijuana by Transport; Trafficking in Marijuana by Possession (N.C.G.S. § 90-95(h)(1)) ; Manufacturing Marijuana (N.C.G.S. § 90-95(b)(2)); Maintaining a Motor Vehicle for Keeping or Selling a Controlled Substance (N.C.G.S. § 90-108(a)(7))

Facing: 62 – 112 months (with a mandatory minimum of 25-39 months)

Result: Probation

State v. V.E.: Defendant was stopped in his car for a Window Tint Violation and Driving While License Revoked. The officer searched Defendant’s car based on alleged odor of marijuana, after detaining him from a questionable period of time. After questioning the validity of the officer’s actions during the stop and offering some general character information about our client, we were able to persuade the Assistant District Attorney to allow our client to enter a plea to
Attempted Trafficking. This allowed our firm to argue for and win a probationary sentence on behalf of our client.

Attorney: MJM

Charges: Felony Possession of Cocaine, N.C.G.S. § 90-95; Felony Possession with Intent to Sell & Deliver Marijuana, N.C.G.S. § 90-95; Felony Possession of Marijuana, N.C.G.S. § 90-95

Facing: 24 months – 57 months

Result: Plea to Misdemeanor Possession of Drug Paraphernalia; Complete substance abuse assessment

State v. B.F.: Our client was approached by law enforcement while standing outside his vehicle in the parking lot of his place of employment. During questioning, he confessed to using marijuana and having marijuana in his vehicle. Upon consenting to a search of his vehicle, law enforcement found cocaine in the center console. Our client had a lengthy criminal record and was facing an active prison term if convicted. After our client retained our firm, we challenged the legality of our client’s detainment in the parking lot. Upon reviewing our legal arguments, the Assistant District Attorney offered our client a misdemeanor plea to Possession of Drug Paraphernalia. Sentencing was in the discretion of the court. At the sentencing hearing, we successfully assisted our client in avoiding active prison time and supervised probation. Our client only had to pay small fine and complete a substance abuse assessment.

Attorney: MJM

Charges: Possession of Cocaine, N.C.G.S. § 90-95; Assault on a Female, N.C.G.S. § 14-33(c)(2); Unauthorized Use of Motor Vehicle, N.C.G.S. § 14-72.2

Facing: 19 months – 41 months

Result: Probation

State v. A.S.: Our client was stopped by law enforcement for illegally parking his girlfriend’s car. As part of the investigation, his girlfriend was interviewed and bruises were discovered on her arms and chest. She accused our client of assault her. After placing him under arrest, officers found cocaine in our client’s pocket. Once our client was charged, the Assistant District Attorney discovered a prior record of assaults and wanted to bring additional charges against our client for Felony Habitual Misdemeanor Assault. However, we were able to assist our client and his girlfriend with obtaining couples counseling and our client underwent a voluntary substance abuse assessment. Using this information, we were able to persuade the State to dismiss the Assault charge, rather than add another felony to the charges. The felony drug charge was reduced to a misdemeanor paraphernalia charge. Our client’s prior record made him eligible for an active jail sentence, even for a misdemeanor offense. However, we were able to incorporate in his plea arrangement that he receive a probationary sentence.

Attorney: MJM

Charges: Felony Possession with Intent to Sell Cocaine, (M) Possession of Marijuana, and (M) Possession of Drug Paraphernalia (N.C.G.S. § 90-95)

Facing: 8-19 Months in Prison

Result: Misdemeanor plea with Unsupervised Probation

North Carolina vs. N.K. – Our client was involved in a narcotics buy-bust by officers with the Hertford County Sheriff’s Department, who located approximately 21 grams of crack cocaine as well as more than one ounce of marijuana in our client’s vehicle. After making a strong argument to the district attorney that our client’s constitutional rights were violated through the use of uncorroborated tip from an informant resulting in an illegal search, all felony charges against our client were dismissed. He pled guilty to a minor misdemeanor and was sentenced to unsupervised probation, allowing him to return to his job and family in another state.

Attorney: KMM

Charges: Felony Possession of Cocaine (N.C.G.S. 90-95)

Facing: 6-17 Months in Prison

Result: Dismissed without Deferral or Diversion Program

North Carolina vs. A.S. – Our client was one of several individuals in a vehicle stopped by law enforcement for a minor traffic infraction. The vehicle stop was quickly transformed into a full scale drug investigation when, prior to the car stopping in response to the officer’s blue lights, one of the individuals in the car threw an unknown object out the window. Police later found a small baggie containing cocaine, and all of the occupants of the vehicle were charged with Felony Possession of Cocaine. After presenting compelling evidence of innocence to the prosecutor, including the client’s passed drug test within hours of the arrest, all charges were dismissed.

Attorney: KMM

Charges: Trafficking Opium or Heroin; Maintaining a Dwelling for Keeping a Controlled Substance; Simple Possession of a Schedule III Controlled Substance

Facing: 225-282 months

Result: Deferred prosecution for dismissal

State v. M.T. – Client’s home was searched, pursuant to a warrant, and over 28 grams worth of oxycodone pills were found in her bedroom. Client admitted to law enforcement that the pills belonged to her. We filed a Motion to Suppress the results of the search warrant based on lack of probable cause. We presented our motion to the Assistant District Attorney, along with documentation of our client’s background, ongoing education, and work history. We also presented drug screens from our client after the date of the arrest, demonstrating our client’s reformed behavior. We were able to persuade the District Attorney to reduce the charges to Felony Possession of a Schedule II Controlled Substance. We went even further and persuaded the sentencing judge to allow our client to enroll in a drug deferral program, whereby our client will secure a dismissal of all charges in one year.

Attorney: MJM

Investigation by United States Department of Agriculture Food and Nutrition Services (FNS)

Accusation: “EBT” trafficking, Section 271.2

Facing: $59,000 fine; permanent disqualification from “SNAP”

Result: Investigation closed without penalty

USDA v. W.T.: The USDA notified our client that her business had violated regulations of the Supplemental Nutrition Assistant Program (“SNAP”). The violation notice alleged that a large number of transactions appeared to be “unusual” or “irregular” for her business. Three categories of suspicious transactions were cited: 1. Excessively large purchase transactions, 2. Unusual number of transactions that ended in the same “cent” value, and 3. Multiple transactions from the same benefit account in unusually short time frames. In response to the violation notice, we provided photos, invoices, and receipts related to our client’s business inventory. We also provided affidavits from customers of the business, explaining the types of purchases that they commonly made. With this information, we were able to address each allegation made against our client’s business and persuade the officer to close his investigation against the business. The business was permitted to continue accepting EBT from customers.

Attorney: MJM

Charges: Two Counts Transporting Child Pornography, 18 U.S.C. 2252(a)(1); Two Counts Production of Child Pornography, 18 U.S.C. 2251(a); Two Counts Advertising for Child Production, 18 U.S.C. 2251(d); One Count of Possession of Child Pornography, 18 U.S.C. 2252(a)(5)(B)

Facing: Minimum 15 years and maximum 160 years (life) in prison (15-30 years per count of Production of Child Pornography; 20 years per count for Advertising, Transporting, and Possessing Child Pornography)

Result: 20 years

United States v. T.B.: Defendant was actively involved in secret online communities designed specifically for individuals who wanted to download and share child pornography. Upon execution of a search warrant, he was found to be in possession of over 2,000 videos and images of child pornography. He was also having video chat sessions with teenage minors and his chat sessions contained sexually explicit material. Defendant had requested the minors to engage in sexually explicit activities during their video chat sessions and had created “screen shots” of the minors performing the requested activities. The Assistant United States Attorney described Defendant’s collection of child pornography as some of the most violent and horrifying images ever seen by her office and she requested that the judge impose a 40 year sentence for our client. However, we were able to assist our client with obtaining a mental health assessment and treatment, which revealed mitigating information about our client’s past. At the sentencing hearing, we were able to demonstrate to the court that our client had suffered severe childhood trauma and had never received any type of counseling or therapy to cope with his trauma. Had he received such counseling, he may not have been involved in this conduct. We were also able to demonstrate to the court that our client had never had any physical contact with a minor, despite having engaged in sexual explicit conversations online. This distinguished him from the average defendant charged with producing child pornography. Our client received a 20 year sentence.

Attorneys:MJM

Charges: Conspiracy to Distribute Oxycodone, 21 U.S.C. § 846; Possession with Intent to Distribute Oxycodone and Aiding and Abetting the Same, 21 U.S.C. § 841(a)(1) and (b)(1)(C), and 18 U.S.C. § 2.

Facing: 20 years’ imprisonment on each count.

Result: 57 months.

United States v. D.G.: Our client hired the firm after already having entered a guilty plea in federal court. Due to these circumstances, our goal was receive the most favorable outcome possible for our client at sentencing. Initially, the Government argued that our client was responsible for 6,750 thirty milligram Oxycodone pills. Given this large amount of pills, the United States Sentencing Guidelines recommended a sentence of 87-108 months. After filing lengthy legal and factual objections to the 6,750 pill amount, the Government conceded that the amount of pills attributable to our client was only 3,350 thirty milligram Oxycodones. This concession reduced our client’s recommended sentence to 57-71 months. After filing a motion for a downward variance and downward departure, we persuaded the Court to impose a sentence at the bottom of the recommended range, 57 months, which was 30 to 51 months below our client’s initial sentence recommendation.

Attorney:MJM

Charges: First Degree Murder N.C.G.S. §14-17

Facing: Mandatory life sentence

Result: Charge Dismissed

Case Name: Confidential per client request

Our client was charged with First Degree murder after using his concealed carry weapon to defend himself and his young child in an altercation. Despite only conducting a short investigation, police charged our client with First Degree Murder just a few hours after arresting him. If convicted, our client would have been sentenced to life in prison. We acted quickly to point out to the District Attorney the inconsistencies in the investigation. We presented evidence that our client acted in self-defense and the District Attorney dismissed the case. Read about how attorney Kevin Marcilliat helped prove our client’s innocence.

Our client was accused of forcing a high school classmate to have sexual intercourse with him without consent, which would have resulted in 182 to 279 months in prison plus sex offender registration. Within days of being hired by our client, our firm collected exculpatory evidence from cellular phones, social media websites, and medical professionals. After an interview with the detective, the investigation was closed and no charges were filed.

Our client, a high school student, was accused of raping his ex-girlfriend. We provided a list of witnesses and a statement from our client highlighting evidence to support our position. We were also able to investigate and obtain documentation that the alleged victim suffered from a mental disorder and, as a symptom of that disorder, was known to fabricate events that never happened. As a result of the information provided to the detective through our office, no charges were filed against our client.

Our client was charged with Statutory Rape and Abduction of a Minor. At trial, we presented evidence that the alleged victim was fabricating the allegations against him in order to obtain U-Visa papers for her and her undocumented parents. After less than two hours of deliberation, our client was found Not Guilty of all charges.

Our client was charged with Sexual Battery after the alleged victim accused the client of forcefully touching her body without her permission. If found guilty, our client would have to register as a sex offender for 30 years and lose all top secret clearance for his long-time career. At trial, our client was found not guilty after we successfully proved the alleged victim was not telling the truth and our client did not sexually assault her.

Our client was charged with Felony Common Law Robbery, Communicating Threats, and Assault on a Female when he was accused of running his girlfriend’s car off the road, smashing out her window, and taking property from her car. After pointing out serious flaws in the State’s case, the prosecution decided to dismiss the Felony Common Law Robbery and communicating threats charges, and we proceeded to trial on the only remaining charge – Assault on a Female. At trial, our client was found not guilty after we successfully argued that his actions did not meet the legal definition of Assault.

Charge: First Degree Burglary

Facing: 51-74 Months in Prison and Status as a Convicted Felon

Result: Charge Dismissed

North Carolina v. T.M.: Our client was charged with First Degree Burglary for retrieving her personal property from her ex’s residence immediately following the break-up. Subsequent the arrest, the accuser admitted he involved law enforcement out of spite. The accuser provided our office an Affidavit indicating the same. Upon review of the Affidavit, as well as the list of personal items taken from the residence, the Assistant District Attorney declined to prosecute.

Attorney: PMP

Charge: Felony 1st Degree Burglary, 2 Counts Assault Government Official, Larceny, Consume Alcohol <21, Carrying Concealed Weapon, and Simple Possession Marijuana (Juvenile Court)

Facing: Juvenile Detention until 19th Birthday

Result: Plea to 2nd Degree Burglary with Probation

North Carolina v. D.P.M.: Our client was only 15 years old when he was caught by police in a severely intoxicated state after breaking into an occupied residence at night and stealing a flat screen TV among other items. Given that he was already on juvenile probation at the time of the offense, our client faced a very real possibility of a juvenile court judge separating him from his family and committing him to a juvenile detention facility. Over a period of almost 6 months while the case was pending, our firm continuously worked to help restore the client’s reputation by helping him and his family gain access to appropriate community resources, which ultimately led to a marked improvement in the client’s school attendance, grades, and respect for his parents’ rules. As a result, the District Attorney’s Office agreed to allow the client to plead to a reduced charge, and our firm successfully argued over the course of two dispositional hearings that the client should receive juvenile probation rather than detention.

Attorney: KMM

Charges: Felony Breaking/Entering and Felony Larceny After B&E (N.C.G.S. § 14-72)

Facing: 12-34 Months in Prison

Result: Dismissed

North Carolina vs. R.B. – Our client, who had separated from her husband but was not yet divorced, was accused of entering her husband’s car using a key still in her possession and “stealing” items that were arguably marital property for the benefit of the couple’s children. After successfully arguing to the prosecutor that the actions of our client were not illegal, the charges were dismissed.

Attorney: KMM

Charges: 22 Counts of Embezzlement (N.C.G.S. § 14-90)

Facing: 132-374 Months in prison (up to 31 Years)

Result: Probation

North Carolina vs. D.A. – Our client was accused of embezzling over $57,000.00 from her employer over the course of several years. Despite the fact that she was facing up to 31 years in prison, we successfully negotiated a sentence of Supervised Probation.

Attorney: KMM

Charges: Felony Probation Violation (N.C.G.S. § 15A-1344)

Facing: Revocation of Probation and Active Prison Sentence

Result: Probation Terminated Successfully

North Carolina vs. S.B. – Our client was on probation for Felony Breaking and Entering and faced the possibility of having his probation revoked after he moved from North Carolina to Louisiana for an incredible job opportunity, and his probation transfer was never processed. During a hearing in front of the same Superior Court judge that initially sentenced our client, we successfully argued that our client had complied with the Court’s orders to the best of his ability, and it was in everyone’s best interest that he be allowed to continue his new job in Louisiana. As a result of our efforts, our client’s probation was terminated early without any violations.

Attorney: KMM

Accusation: Felony Larceny and Breaking & Entering with Intent to Commit Larceny

Facing: 12-34 months

Result: No charges filed

State v. A.W. — Client was caught on video entering a locked tool shed and stealing numerous pieces of farm equipment from his neighbor. We were able to gather evidence that our client had a substance abuse problem, which lead to his actions. The owner of the property agreed not to proceed with filing a report against our client in exchange for full repayment of the stolen property and proof that our client completed a substance abuse treatment program.

Attorney: MJM

Plea to Misdemeanor Time Served; Avoided Federal Prosecution

Charges/Accusations: 8 Counts of Felony Obtaining Property by False Pretenses, Financial Card Fraud, & Identity Theft in State Court; Federal Investigation for Access Device Fraud and Aggravated Identity Theft

Facing: 153 Months in NC Department of Corrections on State Charges; up to 22 Years if Indicted Federally

Result: Plea to Misdemeanor with time served on State Charges and avoided Federal prosecution

Our client was the subject of a large-scale federal investigation by the United States Secret Service for identity theft crimes in North Carolina and several other states. Our firm dedicated multiple attorneys to this complex financial crime case and ultimately brokered a plea resolution involving the district attorneys of two North Carolina counties as well as the US Attorney’s Office – a deal which ultimately allowed our client to avoid prison time and any felony convictions as well as avoiding federal prosecution.

Our client was charged with four Class B1 felony sex offenses against a child as well as four counts of indecent liberties with a child. For each of the Class B1 felony offenses alone, our client was facing LIFE in prison. We resolved our client’s case with a misdemeanor Alford plea to simple assault, and the client received a “PJC” as his sentence (i.e., the judge declined to impose any punishment).

Our client was charged with Level III Conspiracy to Traffic Heroin, and faced a mandatory minimum sentence of 225 months in prison and a $500,000 fine. Ultimately, our client pled guilty to the significantly reduced charge of attempted Level II trafficking heroin, and received a sentence of 25 to 42 months. She did not offer any cooperation to law enforcement.

Our client was charged with Sexual Battery, which would require him to register as a sex offender if convicted. Upon investigation, we discovered that the alleged victim was attempting to sue our client’s employer for civil damages due to “emotional distress.” We negotiated a “deferred prosecution” agreement for our client, where he would complete community service in exchange for a dismissal and would not have to register as a sex offender.

Our client was charged with Assault with a Deadly Weapon with Intent to Kill, Discharging a Firearm into an Occupied Dwelling, and Possession of a Firearm by a Felon. At trial, the alleged victim answered that he did not recall many details about the alleged encounter with our client. We were also able to get the alleged victim to put his cane down and demonstrate how he allegedly fought our client using various karate-style moves. After this display by our team, the State offered to allow our client to plead to a misdemeanor charge of Carrying a Concealed Gun, with a stipulated probationary sentence.

ACCUSATION: First Degree Rape

RESULT: Attempted Statutory Rape

North Carolina v. S.C.: At seventeen years old, our client was charged in Juvenile Court with First Degree Rape for an allegation believed to have occurred two years prior. Not only were we able to uncover that a rape did not in fact occur, but the charges were reduced to Attempted Statutory Rape, and the case was retained in Juvenile Court. This shielded our client from being prosecuted as an adult and being subject to adult consequences. Our client was ordered to complete one year of juvenile supervised sex offense treatment. Thus, our client has no adult record, was not required to register as a sex offender, and would be eligible eighteen months from the completion of his probation to have his record sealed.

Attorney: PMP

ACCUSATION:
– First Degree Rape (N.C.G.S. § 14-27.2)-27
– First Degree Sex Offense (N.C.G.S. § 14-27.4(a)(1))-27
– Kidnapping (N.C.G.S. § 14-39)

RESULT: No Charges Filed

North Carolina v. Z.M.: A woman reached out to our client after seeing him on the popular dating website, Tinder. Our client was invited to the woman’s home to spend the night and the pair engaged in consensual sex. Feeling jilted by unreturned phone calls after a one-night stand, law enforcement was contacted, and our client was accused and investigated for allegedly having engaged in nonsexual sex with the accuser. At our suggestion, our client submitted to a polygraph exam, which indicated our client’s assertion that the sex was consensual was non-deceptive. After consideration of our client’s voluntary interview with the detective, the polygraph results and texts messages shared between the two, the Assistant District Attorney declined to bring charges against our client.

Attorney: PMP

ACCUSATION:
– Indecent Liberties with a Minor (N.C.G.S. § 14-202.1)
– Statutory Sex Offense (N.C.G.S. § 14-27.25)
– Statutory Rape (N.C.G.S. § 14-27.30)

RESULT: No Charges Filed

North Carolina v. S.P.: Our client’s wife accused him of sexually abusing his stepdaughter, but proposed not involving the police, if the client agreed to move out of the marital home and financially provide for her and her minor child until the child was 25. Our client vehemently denied the allegations. We suggested that, with counsel present, our client submit to a voluntary interview with the investigating detective. Upon review of the information provided during our client’s voluntary interview with the detective, as well as the alleged victim’s statements, the State of North Carolina declined to prosecute due to the vagueness of the allegations.

ACCUSATION:
– Second Degree Forcible Sex Offense, NCGS 14-27.27; Violation of University “Title IX” Policy Facing: 236 months

FACING:
– 236 months

RESULT:
Our client was never charged with a crime by police and never issued discipline by his University

State v. M.K.: Our client was a student at a major NC university. After having intimate relations with a peer, the peer reported our client to the police and the University claiming sexual assault. Our client adamantly maintained his innocence. After compiling information tending to prove our client’s innocence, we submitted those materials to both law enforcement and the University. Ultimately, we received confirmation that both the District Attorney’s Office and the University were declining to pursue these (false) allegations, both as a criminal matter and as a student conduct matter. Our client was able to continue his education, and we were able to work out this investigation in such a manner that our client never even missed an exam, despite an “emergency” interim suspension that was briefly put in place by the University.

CHARGES:
– Misdemeanor Sexual Battery (N.C.G.S. § 14-27.5A)
– Misdemeanor Breaking & Entering

North Carolina vs. R.C. – Our client, who had no criminal record, was accused of breaking into a neighbor’s home and sexually assaulting her. The allegations, if proven in their entirety, would have required a judge to place our client on the sex offender registry for up to 30 years, as well as the potential for jail time. After pointing out serious flaws in the State’s case, our client was allowed to plead guilty to Misdemeanor Assault on a Female, which meant he would not be placed on the sex offender registry. Also, the Breaking and Entering charge was dismissed, and the client was sentenced to Unsupervised Probation.

Attorney: KMM

CHARGES:
– Statutory Rape (30x)
– 2nd Degree Sexual Offense Against a Mentally Impaired Person (10x)
– Sexual Exploitation of a Minor

State of NC v. RW — Client had two prior convictions for Indecent Liberties with a Minor. Client, who was elderly and in failing health, was in a consensual relationship with a 20 year old woman that ended over a dispute about his Last Will and Testament. After the relationship ended, she made a report to law enforcement that the relationship began when she was 14 years old. She further alleged that our client threatened her and her family members. Finally, she alleged that our client engaged in sexual acts and forced her to engage in sexual acts with a family friend who was mentally impaired. Prior to retaining an attorney, our client told law enforcement officers that the relationship began when the woman was “15 or 16” and that he took of a photo of her while she was under the age of 18. Upon investigation, we were able to present numerous witnesses who agreed that they had not seen our client with this woman until she was 16 years old. We were also able to present letters written by this woman to our client, where she discusses being angry at our client for spending money on his children instead of on her. Client entered a plea to one count of Indecent Liberties with a Minor Child. All remaining charges were dismissed.

Attorney: MJM

CHARGES:
– Indecent Liberties with a Minor (10 counts)

State v. A.B. – Our client was alleged to have sexually assaulted his 13 and 15 year old stepdaughters. The allegations were made by one of the stepdaughters to her school counselor. Child Protective Services conducted an investigation and referred the matter to local law enforcement. We conducted our own investigation, which included interviewing all of the minor children in the home. Both minor children agreed that they lied to law enforcement, because they were angry at their stepfather for disciplining them. They wanted their mom and stepfather to split up. We presented these findings to the district attorney. After reviewing our documentation, the State made the decision to dismiss all charges.

Attorney: MJM

CHARGES:
– Felony Intentional Child Abuse – Serious Physical Injury
– Assault on a Female (2x)
– Assault by Strangulation
– Injury to Personal Property

State vs. L.S. — Client was charged with charged with breaking the arm of a four year old child and getting into an altercation with the child’s mother. The child’s mother, who was in a relationship with our client, was also charged with child abuse. Client, prior to obtaining counsel, told law enforcement that he had grabbed the child’s arm earlier that week, but did not think that he had grabbed the child hard enough to hurt him. Client also admitted to law enforcement that he was high on drugs during the time when the child was hurt. Client was able to enter an Alford plea to a lesser offense of Negligent Child Abuse, where he did not admit guilt but accepted punishment. Client received probation.

Attorney: MJM

CHARGES:
– 1st Degree Sex Offense with a Minor
– Indecent Liberties with a Minor

State v. J.M. – Client was charged with performing sexual acts on a minor child. Client already had already been prosecuted in another state for a prior sex offense against a minor. We challenged the credibility of the accuser and identified issues that could be raised at trial. The Assistant District Attorney agreed to dismiss the 1st Degree Sex Offense charge in exchange for a plea to Indecent Liberties with a Minor. The client received a probationary sentence.

Attorney: MJM

ACCUSATION:
– Indecent Liberties with a Minor (based on a Child Protective Services investigation)

State v. J.H. – Client was accused of inappropriately touching a minor child he used to babysit. The minor alleged that he would take her into the woods during games of “hide and seek” and ask her to touch his private areas. The minor also alleged that she observed our client touching his sisters in the same manner. We interviewed the client’s family members, who denied that our client ever did anything inappropriate. We used those statements to challenge to challenge the credibility of the accuser. No charges were filed and Child Protective Services closed their investigation on the family.

Attorney: MJM

ACCUSATION:
– Secret Peeping

State v. S.S. – Client was accused of using his cell phone to record under a female’s skirt without her knowledge. Our client was under the age of 18 at the time of the offense, but still facing criminal charges as an adult. We had our client evaluated by a licensed psychologist and, based on those results, we were able to persuade law enforcement not to pursue criminal charges against our client.

Attorney: MJM

Accusation: Discharge of Firearm; Injury to Personal/Real Property; Carrying Concealed Weapon

Facing: 60 days in Jail and Possible Loss of Job if Charged

Result: No Charges Filed and Civil Settlement

North Carolina v. R.H.: Our client had potential civil liability and was the subject of an investigation by law enforcement after he unintentionally discharged his open-carry pistol after reaching for it during a fight in a local restaurant. Our firm acted quickly to communicate with the assigned detective and the attorneys for the restaurant chain. We negotiated a civil settlement that allowed the client to avoid any criminal charges and settled any potential civil liability that he may have had for the damage to the restaurant.

Attorney: KMM

Charges: Felony Assault Inflicting Serious Bodily Injury (N.C. Gen. Stat. 14-32.4)

Facing: 16-32 Months in Prison

Result: Charge Dismissed

North Carolina v. R.L.: Our client was falsely accused of a serious assault in which the client’s former roommate was badly beaten to the point of losing sight in one of his eyes. After spending the necessary time to track down the alleged victim, our firm secured a sworn affidavit from the alleged victim who recanted his previous statement implicating our client in the assault. As a result, the District Attorney’s Office dismissed all charges against our client.

Attorney: KMM

Charges: Attempted Robbery with a Dangerous Weapon (N.C. Gen. Stat. 14-87)

Facing: 25-42 Months in Prison

Result: Charge Dismissed

North Carolina v. Q.M.: Our client, who was only 17 years old at the time of the alleged offense, was charged with participating in an armed robbery of an illegal gambling house in an incident where one of the co-defendants was charged with murder in the death of a co-conspirator while fleeing the scene. After presenting persuasive evidence that our client was an unwitting participant in a scheme that he never agreed to join in, all charges were dismissed against our client by the responsible Assistant District Attorney.

Attorney: KMM

Charges: Felony Assault with a Deadly Weapon Inflicting Serious Injury (N.C.G.S. § 14-32)

Facing: 25-42 Months in Prison

Result: Dismissed

North Carolina vs. A.O. – Our client was accused of assaulting a woman with the broken leg of a bar stool and inflicting serious injuries. We were able to convince the prosecutor that there was insufficient evidence to proceed against our client, and the charges were dismissed.

Attorney: KMM

Charges: Felony Abuse/Neglect of Elder Adult Causing Injury (N.C.G.S. § 14-32.2) and Felony Extortion (N.C.G.S. § 14-118.4)

Facing: 16-29 Months in Prison

Result: Dismissed

North Carolina vs. D.M. – Our client was accused of abusing his severely disabled wife by an estranged family member who was seeking to ruin our client’s reputation. After completing the type of thorough investigation that the police should have completed before issuing felony charges, including taking a compelling video statement from the victim which directly refuted the allegations, the charges were promptly dismissed by the District Attorney’s Office.

Attorney: KMM

Charge: (M) Sexual Battery and (M) Assault on a Female

Facing: 120 days and the Sex Offender Registration

Result: Not Guilty at Trial

North Carolina v. D.H.: Our client was a college professor falsely accused of having inappropriate sexual contact with his neighbor’s children. After pointing out the numerous flaws in the State’s investigation and the clear implausibility of the accusations, our client was found Not Guilty at trial. This acquittal saved our client’s career in education.

Charge: (M) Sexual Battery

Facing: 60 days and Sex Offender Registration

Result: Not Guilty at Trial

North Carolina v. T.H.: Our client was falsely accused of a serious sexual assault by his ex-girlfriend. After taking the case to trial and cross examining his accuser about these allegations, our client was found Not Guilty.

Charge: (F) Involuntary Manslaughter; (F) Child Abuse

Facing: 86 months in Prison and Status as Convicted Felon

Result: Dismissed

North Carolina v. A.A.: Our client was a law enforcement officer who was involved in a tragic accident while on vacation. That accident resulted in the loss of his son’s life. After working with the DA’s office to help create a PSA to parents, fellow law enforcement officers, and gun owners everywhere about the importance of safe firearm keeping, the State agreed to dismiss our client’s charges.

Charge: (F) Poss of a Schedule VI CS; (F) Maintaining a Vehicle or Dwelling Place; and (M) Poss of Drug Paraphernalia

Facing: 38 months in Prison and Status as Convicted Felon

Result: Dismissed

North Carolina v. W.S.: Our client was pulled over while on vacation and found to have controlled substances in her vehicle. After working to build a mitigation packet including proof of our client’s severe health condition and out-of-state Medical Marijuana Card, the State agreed to dismiss all charges.

Charge: (Federal Court) Carrying a Conceal Gun x2

Facing: 60 days

Result: Dismissed

United States of America v. T.B.: Our client was active military and was arrested attempting to gain access to base with firearms concealed in his vehicle. Knowing that a conviction could have resulted in the end of our client’s military career, we instructed our client to take certain steps prior to court to ensure that all of his charges were dismissed.

Charge: (F) Disclosure of Private Images

Facing: 19 months in Prison and Status as Convicted Felon

Result: No Charges Filed

North Carolina v. R.P.: Our client hired us amid an active investigation for Felony Disclosure of Private Images. We communicated with law enforcement on behalf of our client and ensured that these felony charges were never filed. Instead, the only charge filed was (M) Stalking, which was ultimately dismissed.

Charge: (F) Involuntary Manslaughter

Facing: 36 months in Prison and Status as Convicted Felon

Result: Misdemeanor Probation w/ a Split Sentence of 15 days in County Jail

North Carolina v. S.B.: Our client was a college student that found herself in a bar fight that resulted in the other party passing away several days later. After several months of discussion with the District Attorney’s Office, our client was able to plead to a misdemeanor and received a special probationary sentence that required only 15 days in County Jail.

Charge: (F) Sell/Deliver Sch I CS (x2); (F) PWISD Sch 1 CS; Maintain Veh CS; Felony Conspiracy; etc

Facing: 159 months in Prison and Status as Convicted Felon

Result: Probation

North Carolina v. R.P.: Our client was on video selling fentanyl to a criminal informant just before being stopped and searched by law enforcement. Our client was arrested and charged with 10 counts of various drug crimes, facing over 12 years in prison. After making a strong argument to the district attorney that our client was an addict rather than a dealer, the State dismissed 8 counts and our client avoided prison entirely, receiving only probation.

Charges: Driving While Impaired (N.C. Gen. Stat. 20-138.1) & Reckless Driving

Facing: 60 Days in Jail; 1 Year License Revocation; Possible Adverse Immigration Consequences

Result: Jury Verdict of Not Guilty on All Counts

North Carolina v. G.M.: Our client, who was living and working lawfully in the United States on a temporary work visa, was charged with DWI and Reckless Driving after a vehicle occupied by he and his fiancé collided with a tree near the client’s mother’s apartment complex. The police, who arrived over an hour after the accident occurred and after the car had been moved to another location, took the statement of my client that he was driving the car and was alone at the time of the accident. The client failed standardized field sobriety tests (SFST’s) and blew 0.14 g/210 L on a post-arrest breath test – almost twice the legal limit of .08. At trial, we presented compelling evidence that our client was not actually the person driving the car, and the jury agreed – returning a unanimous NOT GUILTY verdict on all counts after only 6 minutes of deliberations.

Charges: Misdemeanor Death by Vehicle (N.C. Gen. Stat. 20-141.4(a2)) & Infraction Failure to Yield

Facing: 60 Days in Jail and 1 Year Revocation of Driver’s License

Result: Prayer for Judgment Continued (PJC)

North Carolina v. J.G.: Our client was charged with the Class A1 offense of Misdemeanor Death by Motor Vehicle after he failed to yield on a left turn and collided with an oncoming motorcycle, ultimately resulting in the death of the motorcycle rider. We demonstrated to the Court that our client had a spotless driving history, had absolutely no bad intent whatsoever, and he never saw the oncoming motorcycle as he turned directly into the setting sun during his evening commute home from work. The judge granted our client a PJC, saving his privilege to drive and resulting in no punishment.

Charges: Driving While Impaired (N.C.G.S. § 20-138.1)

Facing: 60 Days in Jail and One Year License Revocation

Result: Dismissed for lack of Probable Cause

North Carolina vs. D.D. – Our client was charged with Driving While Impaired after being pulled over by the State Highway Patrol on Glenwood Avenue in Raleigh for Speeding and blowing a 0.09 on the Intox EC/IR-II device after arrest. We filed a Motion to Dismiss for lack of Probable Cause, arguing that our client’s 4th Amendment rights were violated by an illegal arrest and specifically pointing to obvious flaws in the administration of the Horizontal Gaze Nystagmus (HGN) test. The judge agreed that there was insufficient evidence of impairment and dismissed the case.

Charges: Misdemeanor Assault on a Female (N.C.G.S. § 14-33(c)(2))

Facing: 60 Days in Jail

Result: Not Guilty

North Carolina vs. R.E. – Our client was accused of assaulting his girlfriend’s former lover, who entered the couple’s home unannounced and provoked a physical altercation with our client. At trial, we argued that our client acted in self defense to evict an intruder from his home, and the judge found our client not guilty.

Attorney: KMM

Charges: Assault with a Deadly Weapon Intent to Kill Inflicting Serious Injury

Facing: 73-100 months

Result: Dismissed.

State v. F.B. – Client was involved in a verbal altercation with a stranger at a gas station that turned violent. The stranger attacked our client, at which time our client used a pocket knife to stab his attacker. Law enforcement charged our client, alleging that he used excessive and unnecessary force. We investigated the incident and found that the alleged victim had a history of violent crime convictions on his record. We were also able to find a bystander who recorded most of the incident on her cell phone. We obtained the cell phone recording and presented it to the District Attorney, along with a copy of the attacker’s criminal history. We were able to persuade the district attorney that our client stabbed the man in self defense. Our client’s charge was dismissed.

Attorney: MJM