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:
Introduction
Forward: “A ‘good kid’ and the ‘Art of Peer Pressure,’” by Jason Aycoth
A – Appeals
District Court to Superior Court
Infractions
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
Notice
Entrapment
Necessity and Duress
Self-Defense, Defense or Others and Property
Insanity
Diminished Capacity
Voluntary Intoxication
Unconsciousness or Automatism
Alibi
Double Jeopardy
Relevant Statutory Authority
E – Expunctions
Defined and Importance
General Procedures
Costs
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
Conspiracy
Attempt
Solicitation
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
Visitation
Resources
J – Joinder and Severance
Joinder
Severance
Motion Timetable
Relevant Statutory Authority
K – Knowledge and Crimes
Act and State of Mind (Mens Rea)
Intent
Knowledge
Willfulness and Wantonly
Malice
Negligence
Strict Liability
L – Legal Motions
Motions generally
In Superior Court
Time Limitations
In District Court
Motions to Dismiss
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
Defined
Misdemeanor Participants
Felony Participants
Controlling Authorities & Eligibility
Probation
Deferrals
Relevant Statutory Authority
O – Opening and Closing Arguments
Opening
Allowances and Opportunities
Reserving Opening
Defendant Admissions
Objections
Closings
Allowances and Opportunities
Procedure
Permitted
Not Allowed
Relevant Statutory Authority
P – Probation Violations
Current Issues
Issues to Review
Termination
Transfer Supervised to Unsupervised Probation
reinstate Probation
Modify Probation
Extend Probation
Short Term Jail (Dip)
Contempt
Special Probation
CRV (Dunk)
Revocation
Relevant Statutory Authority
Q – Queries
ACIS
Manual Search Online
Codes
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
Restitution
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
Mentors
Organization for Trial
Jury Trial verse Bench Trial amendment
Arraignment
Jurisdiction
Counsel and Competency Issues
Recordation of Proceedings
Motions
Jury Issues
Organization
Opening
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
Verdict
Discharge or Sentence the Defendant
Post-trial
Relevant Statutory Authority
U – Unintended Consequences
Extraneous Costs of Criminal Convictions
Internet Record Checks and Impact
Enhanced Sentences
Deportation
Eviction / Public Housing / Trespass
Rights Denied and Required Registrations
Poverty Cycle
Community Impact
V – Voir Dire
Jury Selection
Juror Qualifications
Challenges
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
Citation
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
Arrest
Fugitive Warrants Generally
Governor’s Warrant
Probation / Parole Fugitives
Relevant Statutory Authority
Y – Youthful Offenders
Debate
Information available from the NC Office of Juvenile Defender Website
Representing Juvenile Offenders
Terminology
Sentencing
Relevant Statutory Authority
Z – Zeal
Rules of Professional Conduct, Rule 0.1
Be All Things…
Zeal Defined