The area of criminal law is a complicated and serious area of law. People accused of crimes and victims of crimes have many rights and obligations connected with criminal investigations and trials. Those accused of crimes and victims are often not notified of their rights in a meaningful and timely manner. Without the assistance of experienced counsel, it is difficult to exercise these rights and defend against prosecution by the State or Government. It is helpful, for victims of crimes and people accused of crimes, to retain counsel as early in the process as possible in order to understand their obligations and to appropriately exercise their Constitutional rights.
The law firm of Brock, Payne and Meece, P.A. has lawyers experienced in criminal law at both the trial level and on appeal, in both state and federal courts.
State Court – Trial Court Level – Criminal Law
Our Firm has handled hundreds of criminal cases at the trial court level. These cases include serious matters involving people charged with murder and facing the death penalty. These cases also involve much less serious charges such as traffic tickets and misdemeanors. Our Firm has defended persons charged with white collar crimes such as embezzlement and fraud. We have also defended persons charged with violating controlled substances acts and guns laws. Our Firm has also represented individuals and organizations who have become victims of crime in connection with investigations and prosecutions to make sure they understand their rights and obligations. In summary, we can assist you with both the defense of serious crimes, as well as misdemeanors and traffic tickets. Our Attorney, Scott Holmes, testified as an expert witness in the case of Erik Daniels, leading to his exoneration and freedom after five years in prison.
State Court – Appeals – Criminal Law
Our Firm can also handle NC state court criminal appeals. Attorney Scott Holmes has successfully handled some notable criminal appeals in the North Carolina Court of Appeals and Supreme Court. He has argued before the North Carolina Court of Appeals and Supreme Court on a number of occasions. Mr. Holmes clerked with Chief Judge John Martin of the North Carolina Court of Appeals. In one case, the Court of Appeals reversed a drug trafficking conviction that resulted in a dismissal at the trial level in his case State v. Johnson, 177 N.C. App. 122, 627 S.E.2d 488 (2006) In another appeal, the Court of Appeals reversed a conviction due to an illegal search. State v. Icard, 190 N.C. App. 76, 660 S.E.2d 142 (2008), affirmed in part, 363 N.C. 303, 677 S.E.2d 822 (2009). In another case, the Court of Appeals reversed a habitual felon conviction. State v. Scott, 167 N.C. App. 783, 607 S.E.2d 10 (2004). Mr. Holmes was a part of an appellate team that successfully challenged the constitutionality of a fifty dollar ($50.00) application fee for court appointed attorneys. State v. Webb, 358 N.C. 92, 591 S.E.2d 505 (2004). He was won the dismissal of a case where his client was being targeted on the basis of race by the N.C. Highway Patrol. State v. Villeda, 165 N.C. App. 431; 599 S.E.2d 62 (2004). This case was noteworthy as one of the first successful racial profiling cases in North Carolina. Most recently Mr. Holmes won a case in the N.C. Court of Appeals dismissing a drug trafficking charge in State v. Barnes, N.C. COA (July 29, 2011) (unpublished)
Federal Court – Trial Level and Appeal
Federal cases can be highly complicated at both the guilt phase and the sentencing phase due to technical federal statutes and sentencing guidelines. It is important to have an attorney who can effectively navigate the federal system, while bringing a human element to the court process. Our Firm has represented numerous persons charged by the United States of America and prosecuted by the Department of Justice. We have handled white collar crimes for persons charged with identity fraud, mail fraud, and conspiracy. We have experience dealing with United States Attorneys and agents of the Federal Bureau of Investigation and other investigative agencies. We have handled numerous cases involving controlled substance violations, violations of gun laws, and criminal immigration violations. In some of these cases, we have handled the appeal to the Fourth Circuit Court of Appeals in Richmond, Virginia. We won a case in the Fourth Circuit Court of Appeals which held that an illegal search of our client required reversal of his ten year sentence.
Brock, Payne & Meece is interested in alternative forms of dispute resolution that enhance or facilitate the resolution of conflicts and disputes. In the civil context, this takes the form of mediation and alternative dispute resolution. In the criminal context, this takes the form of a movement called “Restorative Justice.” The goal of restorative justice is to allow a more personal and community approach to the processing of crimes by the justice system. This allows for the potential of victim and offender reconciliation, and the involvement of community members in the court system. It also takes a broader view of the causes of crime, with an emphasis toward helping to prevent crime and reintegrating offenders into the community after the completion of their sentence.
It is important to consult with an attorney when you have received a traffic ticket. Even a minor speeding ticket can significantly increase your insurance, and so it is important to understand the consequences of traffic tickets for your driver license history and insurance. An attorney can often negotiate reductions in Court with the District Court to lesser charges that can minimize, reduce or remove negative consequences for your insurance and driver history.
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