Sneak Peak of Chad Garrett’s New Book, “The ABC’s of Criminal Court”

In Criminal, Home, Traffic by GWAO

The Attorney’s at Garrett, Walker and Aycoth are proud release a sneak peak of Chad Garrett’s new book, “The ABC’s of Criminal Court.”  The book will be released in early 2015.  The youngest, best selling NC Bar Association author will launch the book with a Continuing Legal Education class on February 12, 2015 in Cary NC, where he will teach criminal law to defense attorneys, judges and prosecutors from across the state.  Here is the Table of Contents for this new volume:



Forward: “A ‘good kid’ and the ‘Art of Peer Pressure,’” by Jason Aycoth

A – Appeals

District Court to Superior Court


Procedures When Appealing From District Court to Superior Court

Pretrial Release

State’s Right Appeal

Preserving Issues

Legal Errors Reviewed by the Appellate Division

Show of Prejudice

Appeal of Guilty Pleas

Relief Available

Resentencing After Appellate Review

Relevant Statutory Authority

B – Bonds and Pretrial Release

Conditions of Pretrial Release

General Rule

Offenses with No-Right to Pretrial Release

Domestic Violence Offenses and Pretrial Release

Child Victims and Pretrial Release

Firearm Offenses and Pretrial Release

Bonds After a Failure to Appear

Bonds for New Offenses When Defendant Already on Pretrial Release

Relevant Statutory Authority

C – Crimes

Crimes, Statutes, and Classifications

D – Defenses

Defenses Generally



Necessity and Duress

Self-Defense, Defense or Others and Property


Diminished Capacity

Voluntary Intoxication

Unconsciousness or Automatism


Double Jeopardy

Relevant Statutory Authority

E – Expunctions

Defined and Importance

General Procedures


AOC Forms and AOC Instructions

General Age Based Expunction

Gang Offense Expunction (Age Based)

Drug Offense Expunction (Age Based)

Non-Violent Felony Expunction (Age Based)

Non-Violent Felony Expunction (No Age Limitation)

Prostitution Offense Expunction

Not Guilty or Dismissal Expunction

Identity Theft Expunction

DNA Record Expunction

Pardon of Innocence Expunction

Notification of Expunctions

Civil Liability

Certificate of Relief

Relevant Statutory Authority

F – Foundation Questions (Admissibility of Evidence)

Laying Foundations

Three Foundations

Introducing Evidence

Identifying Physical Evidence

Demonstrative Evidence

Illustrative Evidence

Drawing a Picture or Diagram or List

Documentary Evidence

Audio or Video Evidence

Expert Witness

Scientific Evidence or New Technology

Criminal Record

Relevant Statutory Authority

G – General Crimes

Crime Classifications Defined

Infamous or Secrecy and Malice

Racial or Ethnic Animosity

Benefits Gained Forfeited




Accessory Before the Fact

Accessory After the Fact

Relevant Statutory Authority

H – Habitual Status

Summaries of Each Status Offense

Habitual Felon

Habitual Misdemeanor Assault

Habitual Larceny

Violent Habitual Felon

Habitual Breaking and Entering

Armed Habitual Felon

Habitual Impaired Driving

Relevant Statutory Authority

I – Incarceration

General Information and Social Statistics

Prison Location / Contact / Resources Guide

Earned Time / Merit Time

Beginning Incarceration

Custody Levels

Inmate Classification Reviews

Work Release

Sending Money

Telephone Service



J – Joinder and Severance



Motion Timetable

Relevant Statutory Authority

K – Knowledge and Crimes

Act and State of Mind (Mens Rea)



Willfulness and Wantonly



Strict Liability

L – Legal Motions

Motions generally

In Superior Court

Time Limitations

In District Court

Motions to Dismiss

Suppression Motions

Motions in Limine

Burden of Proof

Relevant Statutory Authority

M – Motions for Appropriate Relief

Procedural Requirements

Reasons for Denial

Indigent Defendants

MAR Within 10 Days of Verdict

MAR Outside of 10 Days of the Verdict

State’s Right to File MAR

MAR And Guilty Pleas

Relevant Statutory Authority

N – Ninety-Ninety Six


Misdemeanor Participants

Felony Participants

Controlling Authorities & Eligibility



Relevant Statutory Authority

O – Opening and Closing Arguments


Allowances and Opportunities

Reserving Opening

Defendant Admissions



Allowances and Opportunities



Not Allowed

Relevant Statutory Authority

P – Probation Violations

Current Issues

Issues to Review


Transfer Supervised to Unsupervised Probation

reinstate Probation

Modify Probation

Extend Probation

Short Term Jail (Dip)


Special Probation

CRV (Dunk)


Relevant Statutory Authority

Q – Queries


Manual Search Online


R – Registration for Convicted Sex Offenders

Registration Database(s)

Registration Length

Termination Procedure

Crimes Requiring Registration

Relevant Statutory Authority

S – Sentencing

Determine Offense Class

Determine Prior Record Level / Points & Levels

Determine Potential Sentence Enhancements

Determine Minimum and Maximums

Determine Potential Disposition(s)

Determine Additional Issues and Unintended Consequences

Felony Sentencing Chart

Misdemeanor Sentencing Chart

Aggravating and Mitigating Factors

Additional Enhancements – Habitual Status(es), Domestic Violence, Bullet-Proof

Vests, Firearms


Fines and Fees

Multiple Conviction Sentencing Options – Consolidate, Concurrent, Consecutive

Multiple Conviction Sentencing Options for Misdemeanor Sentencing

DNA Samples

Jail Credit

Earned Time Credit

Probationary Sentences – Community Punishment or Intermediate Punishment

N.C.G.S. 15A-1343 – Conditions of Probation

N.C.G.S. 15A-1343.2(e) & (f) – Probation Officer Powers and Delegations

Drug Trafficking

Drug Trafficking Sentencing Chart

Drug Classification and Weight Chart

Drug Trafficking Special Rules

Sentencing General Caution

Relevant Statutory Authority

T – Trials


Organization for Trial

Jury Trial verse Bench Trial amendment



Counsel and Competency Issues

Recordation of Proceedings


Jury Issues



State’s Case in Chief

Defense Motion to Dismiss

Defense Evidence

Rebuttal and Additional Evidence

Defense Motion to Dismiss

Charge Conference

Closing Arguments

Jury Charge

Jury Deliberations


Discharge or Sentence the Defendant


Relevant Statutory Authority

U – Unintended Consequences

Extraneous Costs of Criminal Convictions

Internet Record Checks and Impact

Enhanced Sentences


Eviction / Public Housing / Trespass

Rights Denied and Required Registrations

Poverty Cycle

Community Impact

V – Voir Dire

Jury Selection

Juror Qualifications


Jury Questions: General Questions

Jury Questions: Introductions

Jury Questions: Introduction of Voir Dire Principles

Jury Questions: Juror Life Experience

Jury Questions: Cases Involving Children

Jury Questions: Testimony of Others

Jury Questions: Testimony of Law Enforcement

Jury Questions: Defendant’s Decision Not To Testify

Jury Questions: Presumption of Innocence

Jury Questions: Reasonable Doubt

Relevant Statutory Authority

W – Warrants and Other Criminal Pleadings

Charging Documents

Constitutional and Statutory Authority


Criminal Summons

Magistrate Order

Arrest Warrant

Statement of Charges

Orders for Arrest

Transfer from District Court to Superior Court

Initial Appearance Required

Relevant Statutory Authority

X – eXtradition


Fugitive Warrants Generally

Governor’s Warrant

Probation / Parole Fugitives

Relevant Statutory Authority

Y – Youthful Offenders


Information available from the NC Office of Juvenile Defender Website

Representing Juvenile Offenders



Relevant Statutory Authority

Z – Zeal

Rules of Professional Conduct, Rule 0.1

Be All Things…

Zeal Defined