The Law Offices of Karen D. Gerber, PLLCThe Law Offices of Karen D. Gerber, PLLC2024-03-14T16:38:05Zhttps://www.karengerberlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1203835/2019/11/cropped-ID-32x32.jpgOn Behalf of The Law Offices of Karen D. Gerber, PLLChttps://www.karengerberlaw.com/?p=475952023-12-29T10:19:15Z2024-01-03T10:18:18ZThe right to remain silent
Anyone subject to questioning while in state custody has the right to remain silent. Police officers cannot compel someone to answer their questions, but they can try to trick them. Officers may keep someone in a room for hours, asking them the same questions repeatedly. They can lie to people about the evidence they have or make false promises.
If officers can get someone to contradict themselves or provide too much detail, that could help build the case against them. Even emotional outbursts because someone becomes frustrated or afraid could end up coming back to haunt them in court later. Individuals who use their right to remain silent have less reason to worry about the case that the state has against them when they go to trial.
The right to representation
The second part of the Miranda warning involves informing someone of the right to have an attorney represent them. This right is crucial during criminal cases, as the average person does not know how to assert themselves when dealing with the police and may be unfamiliar with the law.
Legal representation can be the most important protection available to someone accused of violating state or federal statutes. Those who use their right to an attorney can avoid mistakes early in their criminal matter that can limit their options in the future.
All too often, people think that they can simply cooperate with the state and that, in doing so, they’ll be able to avoid criminal charges. However, they may do themselves a real disservice by failing to assert both their right to legal representation and their right to remain silent while in state custody.]]>On Behalf of The Law Offices of Karen D. Gerber, PLLChttps://www.karengerberlaw.com/?p=475942023-09-29T09:08:42Z2023-10-04T09:08:04ZCriminal and/or civil penalties could result
The laws against insider trading will typically lead to federal prosecution because such business conduct usually involves federal infrastructure and interstate business transactions. The penalties for a federal insider trading conviction are very serious. A single insider trading charge could lead to up to 20 years in federal custody. The courts can also impose fines of up to $5,000,000. The courts can also impose civil sanctions instead of prosecuting people in some cases. The financial penalties imposed in such cases can amount to three times the total financial gain someone derived from their questionable trading practices.
Those civil and criminal consequences are completely separate from the rights of the people affected by the insider trading. Parties that may have suffered financial setbacks due to someone's financial transactions could potentially speak compensation from the defendant in civil court. Their conviction in criminal court would likely bolster such claims, possibly leading to large judgments against someone already subject to fines and financial penalties.
Complex crimes require complex defense strategies
Allegations of insider trading often intimidate people into a guilty plea, but such pleas leave people at the mercy of a federal judge for sentencing and at risk of civil litigation as well. Those who want to prove that they did not improperly use private business information for personal or organizational profit may need to go back over their financial records very carefully, a process which almost always requires outside legal support.]]>On Behalf of The Law Offices of Karen D. Gerber, PLLChttps://www.karengerberlaw.com/?p=475772023-07-10T15:04:50Z2023-07-05T06:53:31ZPossessing a drug without a prescription
Some people feel dependent on medication, like stimulants and pain relievers, but their doctors eventually end their prescriptions. These individuals may then try to access the same medication on the unregulated market by buying other people's unwanted excess pills. Anyone caught possessing a medication without a valid prescription could end up arrested. That rule even applies to those transporting open prescription files for friends, family members or coworkers.
Driving after taking certain drugs
Many medications affect someone's ability to safely operate a motor vehicle, which means that taking them before driving can lead to arrest. Unlike alcohol, there isn't a specific limit for the levels of prescription drugs in someone's bloodstream. Having any amount of a narcotic pain reliever or muscle relaxant may be enough to cause impaired driving charges even if a motorist asserts that they have a tolerance for the medication and it does not affect their ability to drive.
As a final note, giving away or transferring medication to others can also very easily lead to drug possession/trafficking charges against someone who gives someone else their leftover medication. Recognizing that prescription drugs can easily lead to criminal charges may help people make smarter decisions or respond more effectively to a recent arrest.]]>On Behalf of The Law Offices of Karen D. Gerber, PLLChttps://www.karengerberlaw.com/?p=475762023-03-24T12:52:43Z2023-03-24T12:52:43ZDWI case.
Judge may view this favorably
By enrolling in an alcohol treatment program, you have taken the step to admit that you have a drinking problem and need guidance in how to overcome it. This represents a sign that you are taking the matter seriously, helping yourself on a personal and professional level, and helping your family.
And by taking this step, you also are helping yourself on another level: in the eyes of the court. In reviewing the details leading up to your court appearance, a judge may favorably look upon your decision to enter a treatment center.
Reduction or dismissal of charges are possible
In such a scenario, the judge clearly sees that you are addressing this problem. Whether the judge reduces or dismisses the charge depends on the circumstances of your case, arrest history and persuasion of your attorney. But there is a probability that the judge will take this into consideration.
Remember, though, that in North Carolina, anyone convicted of a DWI charge must obtain an assessment for substance abuse. In addition, that person must finish a treatment program or education program.
A number of benefits
The penalties for a DWI conviction go beyond the criminal court. It can harm you personally and professionally. You want to secure the best outcome possible, and enrolling in a treatment program has a number of benefits. With the advice and guidance of a skilled criminal defense attorney, you just may be able to do so.]]>On Behalf of The Law Offices of Karen D. Gerber, PLLChttps://www.karengerberlaw.com/?p=475732022-12-29T18:59:03Z2022-12-29T18:59:03ZWhen you had a high BAC
One of the most common reasons for drivers to need to install an IID in any vehicle they drive after regaining their license is that they had an unusually high blood alcohol concentration (BAC). For most drivers, arrest is likely when a test shows their BAC at 0.08% or higher. Those who test at nearly double that amount, 0.15% or higher, will usually need to install an IID in their vehicles before they regain full driving privileges.
When you have prior DUI offenses
Someone with multiple previous DUI charges is more likely than the average driver to be subject to an IID requirement after a conviction. Even one prior DUI offense within the last seven years could be sufficient for the state to justify requiring you to install an IID in your vehicle.
When you refuse chemical testing
Drivers in North Carolina have to abide by the implied consent law to operate motor vehicles on public roads. Those who refuse chemical testing when an officer has probable cause to request it will face additional licensing penalties beyond what the state imposes for and impaired driving offense. They may also have to install an IID when they regain their license even if they have no prior offenses and their BAC was only a little over the legal limit.
Although having an IID in your vehicle can be a source of frustration, it can also help you establish a verifiable record of compliance with traffic laws. Learning more about how North Carolina penalizes DUI charges will help those recently arrested.
]]>On Behalf of The Law Offices of Karen D. Gerber, PLLChttps://www.karengerberlaw.com/?p=473512022-09-27T19:59:25Z2022-09-27T19:59:25ZThe criminal penalties depend on the situation
There are actually two separate sets of rules for hit-and-run crashes depending on the severity of the collision. If someone fails to stop at the scene of a crash involving property damage, they face misdemeanor charges. The penalties may include up to 120 days in jail and fines.
If someone injures another person and does not stop to report the crash, they could face between four and 25 months in jail and the loss of their driver's license. If the collision caused serious bodily injury or death, the penalties increased to between 10 and 41 months in jail in addition to the fines and driver's license suspension.
How do you fight back?
For the state to convict you of a hit-and-run offense, they need to show that a reasonable person would have known that there was property damage or an injury and that they needed to stop their vehicle. They also need to prove you were involved in the wreck.
You could potentially use dash cam footage to prove that you noticed nothing inside your vehicle. On the other hand, you could produce old collision reports to prove that the damage to your vehicle occurred years ago. Different defense strategies could help you avoid the worst possible penalties. Alibis, statements from your mechanic and even financial records could help you defend against claims you fled the scene of a collision.]]>On Behalf of The Law Offices of Karen D. Gerber, PLLChttps://www.karengerberlaw.com/?p=473502022-06-23T18:56:59Z2022-06-23T18:56:59ZWorking with a criminal defense attorney helps protect you
While you might not think it’s necessary to have an attorney for a simple traffic ticket or citation, it’s never a good idea to go to court and represent yourself. If you do so, you could say or do something that leads to being found guilty of the act, penalizing you to the full extent of the law.
If you have an attorney, your attorney can help you go through your case and work out if there is a potential to get it dropped. For example, your attorney may help you show that your speedometer was faulty or that the officer has no basis for the speeding ticket because of the equipment used to tag your vehicle.
Your attorney understands how the criminal justice system works and can take steps to minimize the penalties that you could face. Whether you’re facing charges for reckless driving or vehicular homicide or you have a few speeding tickets on your record that could make a new one a big issue, you deserve to know all your rights and to be prepared to defend yourself.
You have the choice of working with an attorney
You have the time to select an attorney before responding to a speeding ticket or trying to defend yourself against another traffic-related charge. It’s a good idea to learn more about your rights before you go to court, so you have the best chance of turning this negative situation into a positive outcome.]]>On Behalf of The Law Offices of Karen D. Gerber, PLLChttps://www.karengerberlaw.com/?p=473392023-07-10T14:59:19Z2022-05-02T21:16:13ZWhen you get in trouble on federal property
There are many incredible national parks and monuments in North Carolina. You might think that there won't be much of a law enforcement presence at a federal park, but you might be surprised. While you may have violated both state and federal law, it will likely be the federal government that prosecutes you, meaning you face incarceration in a federal facility and the mandatory minimum sentences that the federal government imposes.
When you cross state lines
If you buy marijuana while on vacation in a state that has legalized it and then drive back home, you can face federal charges because you cross state lines. Not only did you break the law in North Carolina by bringing marijuana into the state, but you violated federal law by going between states with a substance prohibited by the federal government.
When you play a role in something bigger
While many small-scale drug investigations and prosecutions occur at the local or state level, the federal government, including the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI) may investigate what they believe to be large-scale manufacturing or trafficking enterprises.
If you get caught up in an investigation conducted by federal agencies or in what appears to be a large-scale operation, you could face federal charges even if your actions never took you outside of North Carolina.
Securing professional help and mounting a rigorous defense may be the only way to avoid the life-altering consequences that federal drug possession/trafficking charges often carry.]]>On Behalf of The Law Offices of Karen D. Gerber, PLLChttps://www.karengerberlaw.com/?p=473142021-12-30T18:17:20Z2021-12-30T18:16:49ZWhat qualifies for expungement in North Carolina?
Expungement allows you to remove an arrest, charge or conviction from your record in some cases. You may be able to clear your criminal record of:
An arrest that did not lead to charges
Charges that did not lead to a conviction, whether because the court found you not guilty or because the prosecution dismissed the charges against you
Certain misdemeanor convictions after completing sentencing terms
Certain nonviolent felony convictions after completing sentencing terms
Some crimes involving people who were under a certain age when they committed the offense
In addition, you must not have any pending charges against you.
What does not qualify for expungement in North Carolina?
While the state allows people to expunge various crimes from their records, other criminal convictions do not qualify. These include:
Felonies not classified as nonviolent
Felonies that include assault as an essential element of the offense
Felonies that require you to register as an offender
Offenses involving a commercial vehicle
Offenses involving certain drugs
Certain sex-related or stalking offenses
While not every charge qualifies for expungement in North Carolina, this legal process can offer you the opportunity to move forward to new opportunities.]]>On Behalf of The Law Offices of Karen D. Gerber, PLLChttps://www.karengerberlaw.com/?p=473052021-09-28T20:27:52Z2021-09-28T20:27:52ZWhat penalties might someone face for drug possession charges?
The law treats different types of drugs differently, and the consequences of a drug possession conviction depend on the type and amount of of drug involved. Penalties include:
Schedule I — The penalty for possessing heroin, LSD, quaaludes and other Schedule I drugs is a fine and up to five years in prison.
Schedule II — The penalties for possession of morphine, cocaine, amphetamines and other Schedule II drugs include up to two years in prison and up to $2,000 in fines. Possession of larger amounts may involve increased penalties.
Schedule III and Schedule IV — Possession of drugs including medicine containing codeine, anabolic steroids, barbiturates or stimulants can lead to up to two years in prison and a potential fine. Larger quantities may lead to increased penalties.
Schedule V — Possession of drugs that contain limited amounts of controlled substances like codeine or opium can lead to a fine and up to six months in prison.
Schedule VI — The penalties for the possession of marijuana, THC and other marijuana-related drugs varies depending on the amount and form of the substance in a person’s possession. Small amounts of marijuana can lead to up to 30 days in prison and a $100 fine, whereas larger amounts or synthetic THC can lead to fines and up to five years in prison.
In addition to these penalties, people in North Carolina may face criminal charges for possession of drug paraphernalia even if none of the related drug is in their possession. Drug paraphernalia possession charges can lead to fines and up to 120 days in prison
No matter the type of charges, it is important for people facing drug possession charges to consider their legal options. There are ways to protect themselves from the impact of these charges.]]>