The United States Supreme Court has held that juvenile offenders must be treated differently than adult offenders and must be given a meaningful opportunity for release. Our client, Cecil, went to prison when he was 16-years-old and has been in there for nearly forty-three years. If sentenced under today’s laws, he would receive a little more than ten years maximum. However, the North Carolina Parole Commission refuses to let him out.Read More
At Fialko Law, we have represented several clients (usually young men) charged with or accused of sexual assault after having a sexual encounter with an intoxicated woman. Most often, our clients were intoxicated themselves. What is the law in North Carolina about intoxication and consent? Does it matter if the accused was intoxicated as well?Read More
I was listening to a true crime podcast the other day when one of the hosts said something along the lines of, “I don’t know how criminal defense attorneys sleep at night. I can’t imagine they like themselves very much.” Although I should be used to it by now, I was irritated.
I am a defense attorney. And I don’t sleep very well a lot of nights. But it’s not because I’m an evil person that hates myself for being evil. It’s because my clients, who are accused of crimes, are real people with real problems. They have goals and dreams. They have family and friends. They have lives that are at stake due to their criminal charges.Read More
We all know that familiar scene in the movies and TV shows. The dramatic placement of the arms behind the back. The clink of the handcuffs. As the scene fades away, the officer proudly recites those familiar words, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.”
Law and Order, anyone?Read More
We’ve all been there. You’re running late for a meeting or appointment and driving a little too quickly. Or, like me a few years ago, you’re certain the speed limit in 55 MPH, but it’s actually 45 MPH. Then, you see the flashing blue lights behind you and your stomach drops. The cop writes you a speeding ticket.
Some people decide to simply pay off the ticket instead of hiring an attorney. This is a HUGE mistake and can lead to increased insurance rates and a suspended driver’s license. Insurance points and DMV points are different entirely, and drivers and their attorneys need to understand both point systems before resolving a ticket.Read More