fbpx
Archives
  • February 2023
  • January 2023
  • October 2022
  • September 2022
  • July 2022
  • May 2022
  • March 2022
  • February 2022
  • December 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
Categories
  • Announcements
  • Business Litigation
  • Civil Litigation
  • Criminal Law
  • Dispute Resolution
  • Federal Crime
  • Fraud
  • Mediation
  • White-Collar
Meta
  • Log in
  • Entries feed
  • Comments feed
  • WordPress.org
Harkey Litigation Legal
  • HOME
  • OUR FIRM
  • NOTABLE CASES
  • CRIMINAL DEFENSE
  • CIVIL LITIGATION
  • NEWS & INSIGHTS
  • CONTACT
  • (336) 666-0899
Harkey Litigation Legal
Harkey Litigation Legal
  • HOME
  • OUR FIRM
    • Harkey Litigation
    • W. Scott Harkey
    • Notable Cases
  • PRACTICE AREAS
    • Criminal Defense
    • Complex Civil Litigation
  • NEWS & INSIGHTS
  • CONTACT
  • (336) 666-0899

Legal Questions Our Winston Salem Clients Often Ask

December 21, 2021
-
Criminal Law
-
Posted by Brian Watkins

Being the target of a state or federal investigation is always a stressful experience, as are the variety of other criminal or civil suits for which one would seek a defense attorney.

If you’re doing some exploratory searches for yourself or someone you love, here are some frequently asked questions we hear from those much like yourself.

Can A Defense Attorney Contact Witnesses and Alleged Victims?

Yes. Your defense counsel can make contact with the alleged victims of crimes, usually those who sought charges against you or have participated in the prosecution’s building a case against you. This remains true even if there is a “no contact” order put in place by the judge. That order only applies to you, meaning you cannot legally contact that person.

But your attorney can, so long as the contact is directly related to your defense and organizing facts and information. Your attorney can also contact witnesses outside the Winston Salem area if they are connected or relevant to your case.

Can A Winston Salem Defense Attorney Prosecute?

It’s not uncommon for a lawyer who was once a prosecutor to become a defense attorney. However, a lawyer cannot be both on the same case, and generally only one working for a state or federal prosecutor’s office can prosecute criminal cases.

A private attorney can, however, file causes of action on behalf of a client for civil suits (non-criminal) which some clients often see as a form of prosecution even though technically it is not.

What’s The Difference Between A Defense Attorney and a Public Defender?

A public defender is a defense attorney, but they work for the Public Defender’s office in whatever city they represent clients within — such as Winston Salem. The primary difference between a public defender and a private defense attorney is that the public defender is a civil servant and is paid by the state government to represent those in need of counsel.

The typical “defense attorney” outside that setting generally either owns their own law practice in the Winston Salem area or works for one, and is not paid by the state.

What’s The Difference Between Probation and Parole?

Parole is the shortening of a prison sentence — usually because of good behavior. One’s original sentence might have been for 10 years, for example, but they could potentially be eligible for parole in 6 years if they meet certain criteria. If granted parole, they are allowed to serve the rest of their sentence outside of jail, following the mandates of a parole officer. If they violate those terms, they may end up back in prison for the remainder of their sentence.

Probation, on the other hand, is an alternative to jail time. A judge may stipulate, for instance, that one attends rehab or other remedial measures in addition to community service and other criteria. As long as the defendant follows these requirements, they will have repaid their debt to society without actually going to jail.

What’s The Difference Between A Dismissal and Expungement?

Dismissal is when the prosecutor’s office decides not to pursue the case against you any further. A judge can also decide to dismiss a case for the same reasons. Sometimes this can happen because they do not see sufficient evidence to pursue charges, or that the case is not worth prosecution.

A simple example of that might be if you kill someone in self defense. There may be an investigation against you to determine if it was murder, but if the investigation determines it was justifiable self defense, any criminal charges that were pending would then be dropped.

Expungement, on the other hand, is where certain circumstances are met that allow an existing criminal record to be erased. Read more about expungement here.

Where Can I Find A Defense Attorney in the Winston Salem Area?

Our offices are located at 380 Knollwood Street, Suite 305, right in Winston Salem. We’re across the street from Harris Teeter and Chick Fil-A.

On a map, you’ll notice we’re situated between where Knollwood Street intersects with Salem Parkway (just north of us) and where Knollwood intersects with Stratford Road.

If you’re looking for experience you can count on to mount the best defense for criminal and civil charges, we’re waiting for your call.

Let’s talk about how we can help in a free consultation.

336-666-0899

Tags
Case Dismissal
Defense Attorney
Expungement
Legal Questions
Parole
Probation
Public Defenders
Email
← PREVIOUS POST
Harkey Awarded Highest Rating by Martindale-Hubbell
NEXT POST →
Harkey to Chair White-Collar Task Force

Related News

Other posts that you should not miss.
NCBA Criminal Justice Section

Harkey Appointed to NCBA Criminal Justice Section Executive Committee

July 6, 2021
-
Announcements, Criminal Law
Attorney & managing partner, W. Scott Harkey, was recently appointed to serve on the Executive Committee of the North Carolina Bar Association's Criminal Justice Section for the 2022-2021…
Read More →
Posted by Harkey Litigation
1 MIN READ
Embezzlement in North Carolina

Embezzlement in North Carolina

June 15, 2021
-
Criminal Law, White-Collar
What is embezzlement in North Carolina? Embezzlement is when a fiduciary knowingly and willingly takes, misapplies, or converts
Read More →
Posted by wsharkey
4 MIN READ
District Court Violation Notice

What is a United States District Court Violation Notice?

March 19, 2022
-
Criminal Law, Federal Crime
If you are accused of committing a misdemeanor offense on federal land, you likely received a United States District Court Violation Notice. The charging document looks like a speeding ticket. It lists the date of offense, offense charged, place of offense, description of the offense, and your personal information.
Read More →
Posted by Harkey Litigation
4 MIN READ
LATEST FROM TWITTER
Twitter
WScottHarkey
Follow On Twitter
NC pension plan caught up in Silicon Valley Bank, Signature Bank shutdowns | https://t.co/ePl5GD2fGI https://t.co/tXZRlnO3bv
6 days ago
- WScottHarkey
Former Wells Fargo executive to plead guilty to charge in sales scandal https://t.co/WmS9yBjOvm via @nbcnews
7 days ago
- WScottHarkey
RT @HarkeyLawFirm: The legal system can be complex and overwhelming. We can help guide you and alleviate some of your stress throughout th…
11 days ago
- WScottHarkey
9 questions about Silicon Valley Bank’s collapse, answered https://t.co/oAZkK7alD1
13 days ago
- WScottHarkey
Ex-Goldman banker given 10 years in prison for role in 1MDB fraud scandal https://t.co/gOfrmYzSzC
13 days ago
- WScottHarkey
NEWS & INSIGHTS
  • February 28, 2023
    What is Identity Theft in North Carolina?
  • January 24, 2023
    Harkey Recognized by 2023 North Carolina Super Lawyers®
  • January 19, 2023
    Larceny Charges in North Carolina
GET CONNECTED
CONTACT OUR FIRM

Harkey Litigation

380 Knollwood Street

Suite 305

Winston-Salem, NC 27103

336-666-0899

Disclaimers & Privacy Policy
Copyright 2021. Harkey Law Firm, PLLC.
Legal Questions Our Winston Salem Clients Often Ask - Harkey Litigation