As a criminal defense lawyer, I often get questions about my criminal cases such as, “Who represents the victim in that case?” or “Who is suing who in that case?” The answer to both questions is usually no one.Read More
Many people (understandably) confuse charges and convictions. A charge is a formal accusation against you by the state or the federal government. When an officer writes you a citation or arrests you, he or she is (usually) charging you. When a grand jury issues an indictment against you, that is a charge. You have not been convicted of anything, however, until you plead guilty in front of a judge or are found guilty by a judge or jury after a trial.Read More
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