Category: Attorney-Client Relationship

• Facing Car Burglary Charges? 10 Ways to Protect Your Rights

  July 31, 2024

  

  Finding yourself facing car burglary charges is overwhelming. You might be feeling scared, confused, and unsure of your next steps. We understand, and we’re here to help guide you through this challenging time. Together, we can navigate this legal maze and find a way to protect your rights.

  When you’re dealing with car burglary charges, it’s crucial to take immediate action. Every decision you make can impact your future, so it’s important to be informed and proactive. Let’s talk about ten essential ways to safeguard your rights and build a strong defense.

  First, it’s vital to remain calm and collected. This situation is stressful, but keeping a clear head will help you make better decisions. 

  Remember, you don’t have to go through this alone. Seeking the help of an experienced criminal defense attorney in North Carolina can make a significant difference in your case.

  Now, let’s dive into the ten ways you can protect your rights when facing car burglary charges.

  10 Ways to Protect Your Rights When Facing Car Burglary Charges

  If you’re facing car burglary charges, it’s natural to feel overwhelmed. But remember, you have rights, and there are steps you can take to protect them. 

  Let’s talk about ten practical and effective ways to safeguard your rights during this challenging time.

  1- Hire an Experienced Criminal Defense Attorney

  The first and most crucial step is to hire an experienced criminal defense attorney. Navigating the legal system can be daunting, but having a skilled lawyer by your side can make a significant difference. 

  They can guide you through the process, help you understand the charges, and build a strong defense.

  

  2- Understand the Charges Against You

  Knowing the specifics of the car burglary charges you’re facing is essential. Car burglary, also known as auto burglary, typically involves breaking into a vehicle with the intent to steal valuables or commit another crime. 

  Familiarize yourself with the details of your case, including any evidence the police have gathered, such as broken windows or other signs of forced entry.

  3- Exercise Your Right to Remain Silent

  When you are arrested, the police will likely want to question you about the alleged crime. It’s crucial to exercise your right to remain silent and avoid making any statements that could be used against you. 

  Politely inform the police officer that you wish to speak with your attorney before answering any questions.

  

  4- Document Everything

  Keep a detailed record of all interactions and events related to your case. This includes notes about your arrest, the actions of the police department, and any conversations with law enforcement or witnesses. 

  This information can be invaluable for your attorney as they prepare your defense.

  5- Preserve Any Evidence

  If you have any evidence that could support your case, such as security camera footage from the parking lot where the alleged auto break-in occurred, preserve it immediately. 

  6- Avoid Discussing Your Case

  Refrain from discussing the details of your case with anyone other than your attorney. Conversations with friends, family, or on social media can inadvertently provide prosecutors with information that could be used against you. 

  Keep your discussions strictly between you and your legal counsel.

  7- Check for Mistaken Identity

  In some cases, car burglary charges can arise from mistaken identity. Ensure that law enforcement has correctly identified you as the person involved in the alleged crime. 

  An effective defense can include proving that you were not present at the time the crime occurred.

  8- Explore All Defense Options

  Your attorney will help you explore all possible defense options. 

  This might include questioning the validity of the evidence, demonstrating that the break-in did not occur, or showing that you had no intent to commit a crime. Each case is unique, so a tailored defense strategy is essential.

  If you’re facing burglary charges, don’t wait to get the legal help you need. Contact Scharff Law today for a FREE consultation. We’re here to help you through this legal struggle and work toward your best outcome.

  9- Stay Informed and Compliant

  Keep yourself informed about the progress of your case and comply with all legal requirements. This includes attending all court dates, responding to any legal notifications, and staying in close contact with your attorney. 

  Being proactive and engaged in your defense can positively impact the outcome.

  10- Seek Support

  Facing car burglary charges is stressful, so it’s important to seek support from trusted individuals in your life. 

  While you should avoid discussing case details, leaning on friends and family for emotional support can help you cope with the situation. Additionally, consider seeking counseling or support groups to manage stress and anxiety.

  By taking these steps, you can protect your rights and work towards a favorable outcome in your case. Remember, you don’t have to face this alone—partnering with an experienced criminal defense attorney and staying proactive can make all the difference.

  Does the Value of Stolen Items Matter When Facing Car Burglary Charges?

  When you’re facing car burglary charges, one of the most pressing questions you might have is whether the value of the stolen items affects the severity of your charges.

  It’s a valid concern, and understanding how the value of stolen property influences your case can help you and your attorney build a stronger defense.

  Understanding Car Burglary Charges

  Car burglary, or auto burglary, involves breaking into a vehicle with the intent to commit theft or another crime. 

  Perhaps you found cars left unattended with windows open or doors unlocked. Maybe you found valuables in plain view, such as purses, wallets, laptops, and other tempting items.

  

  The Role of Stolen Item Value

  In North Carolina, the value of the stolen items does play a role in how car burglary charges are prosecuted.

  According to state law, stealing items valued at $1,000 or more can result in felony charges. Items of lesser value might lead to misdemeanor charges, but don’t underestimate the seriousness of these charges.

  Even if the stolen items are not highly valuable, the act of breaking into a vehicle itself is a criminal offense.

  Impact on Penalties

  The penalties for car burglary can vary significantly based on the value of the stolen property.

  Felony charges can lead to more severe consequences, including longer jail sentences and higher fines. While still serious, misdemeanor charges generally carry lighter penalties.

  It’s important to note that if identity theft is involved, such as stealing a social security number or driver’s license, the charges can escalate further, given the additional criminal activity.

  Aggravating Factors

  Certain factors can aggravate car burglary charges, regardless of the value of the stolen items.

  For instance, if a broken window or other significant damage to the vehicle occurred during the break-in, this can lead to enhanced charges.

  Similarly, repeat offenders or those with a history of similar crimes might face harsher penalties.

  Defending Against Car Burglary Charges

  When defending against car burglary charges, your attorney will consider the value of the stolen items along with other factors.

  They might help you by trying to:

  • Challenge the evidence presented by the police department
  • Question the legality of the search and seizure
  • Argue that there was no intent to steal

  Additionally, proving that you were not the person who committed the crime can be a critical part of your defense.

  Steps to Protect Your Rights

  To protect your rights, it’s essential to act quickly. Contact an experienced criminal defense attorney who can help you navigate the legal process.

  Be honest and forthcoming with your attorney about all details of the incident, including the value of the items you allegedly stole.

  Remember, anything you say to law enforcement can be used against you, so exercise your right to remain silent until you have legal representation.

  

  Stay Informed and Prepared

  Facing car burglary charges is daunting, but staying informed and prepared can make a significant difference in the outcome of your case. Understand the specifics of the charges against you, the potential penalties, and the importance of the stolen item’s value.

  By working closely with your attorney and taking proactive steps to defend your rights, you can work towards the best possible resolution.

  In summary, the value of the stolen items does matter when facing car burglary charges. However, it’s just one of many factors that will influence the outcome of your case. With the right legal support and a clear understanding of the charges, you can navigate this challenging situation and protect your future.

  Scharff Law Offers Experienced Burglary Representation

  At Scharff Law, we understand the anxiety and uncertainty that comes with facing burglary charges. Whether you’re accused of breaking into a vehicle or another property, the consequences can be severe and life-changing.

  Our team is here to provide you with the experienced and dedicated representation you need during this difficult time.

  Comprehensive Legal Support

  We believe that every client deserves comprehensive legal support. From the moment you contact us, we work closely with you to understand the details of your case.

  We review the evidence, including police reports and witness statements, to build a robust defense strategy tailored to your situation.

  Personalized Defense Strategies

  No two burglary cases are the same, which is why we create personalized defense strategies for each of our clients. We take into account all aspects of your case, including the value of any stolen items and any mitigating factors that could influence the outcome.

  Our goal is to provide a defense that is both effective and suited to your specific circumstances.

  Protecting Your Rights

  At Scharff Law, protecting your rights is our top priority. We ensure that law enforcement followed proper procedures during your arrest and that your constitutional rights were not violated.

  If the police committed any irregularities or illegal actions, we expose them and use them to your advantage in court.

  Clear Communication and Guidance

  Facing burglary charges can be confusing, and the legal process often feels overwhelming. We are committed to maintaining clear and open communication with you throughout your case.

  You can count on us to explain each step of the process in plain language, helping you make informed decisions about your defense.

  Aggressive Courtroom Representation

  If your case goes to trial, you can rely on our aggressive courtroom representation. We have a proven track record of success in defending clients against burglary charges and will fight tirelessly to achieve the best possible outcome for you.

  Our attorneys are skilled negotiators and litigators, ready to challenge the prosecution at every turn.

  Compassionate and Understanding Approach

  We understand that good people can find themselves in tough situations. Our compassionate and understanding approach ensures you feel supported throughout your legal journey.

  We treat every client with respect and dignity, providing a safe space to discuss your case and concerns.

  Experience You Can Trust

  With years of experience handling burglary cases, our team at Scharff Law has the knowledge and experience to handle even the most complex situations.

  We stay up-to-date with the latest legal developments and leverage our experience to give you the best defense possible.

  Contact Us Today

  If you’re facing burglary charges, don’t wait to get the legal help you need. Contact Scharff Law today for a FREE consultation.

  We’re here to help you navigate this challenging time and work towards a positive resolution. Together, we can protect your rights and your future.

• When Can a Lawyer Breach Confidentiality?

  November 19, 2018

  The justice system ensures that all citizens have the right to legal representation, and two of the legal concepts that enable this are attorney-client privilege and the duty of confidentiality. Essentially, an attorney may not disclose any communication with a client to anyone outside of the client’s legal team. Doing so would not only damage the lawyer’s reputation but may also lead to penalties like disbarment. However, there are some instances when it may not only be acceptable but necessary for an attorney to breach confidentiality.

  Preventing Harm

  One of the most important reasons a Raleigh criminal defense attorney might have for breaching confidentiality is to prevent harm to others. An attorney may not disclose information about what a client tells the lawyer he or she has done in the past, but if the client tells the attorney he or she intends to harm another person for any reason, the attorney has a duty to report it. For example, a client admits to his attorney that he killed someone several years ago. The attorney cannot disclose this information under attorney-client privilege. However, if the client tells his attorney he intends to harm a witness in a future case, the attorney has a duty to report this to the police.

  Attorneys may also breach confidentiality if they discover a client has used an attorney’s services to commit a crime or further the commission of an ongoing crime, such as fraud. In the event that an attorney needs to confirm a compliance question or ethical concern about a client, the attorney has the right to breach confidentiality in seeking answers to these questions, but the attorney should only divulge the details to another attorney that are absolutely necessary for explaining the situation.

  Compliance With Court Orders

  Lawyers are officers of the court and must, therefore, comply with official court orders. In some cases, a judge may require an attorney to disclose confidential aspects of a case typically protected by attorney-client privilege. Some state laws may require an attorney to do this as well. Additionally, an attorney has the right to disclose confidential information to establish a claim or build a defense on the attorney’s behalf.

  If a client attempts to sue a previous lawyer for legal malpractice or some other claim, the attorney has the right to defend him or herself by disclosing confidential information if necessary. It’s also important for attorneys to acknowledge the difference between information protected under the duty of confidentiality and information protected by attorney-client privilege.

  Attorney-client privilege generally extends to communications between an attorney and his or her client. The attorney may not share anything the client says in privileged communication if the client expects secrecy. The duty of confidentiality applies differently; the attorney may not divulge any information about a client’s case, even after the case concludes. A court may compel an attorney to share confidential information about his or her representation of a client, but not correspondence between the attorney and the client.

  Preventing Fraud

  Attorneys may also disclose confidential information about a client if the information pertains to the client’s intent to commit a criminal act or fraud. For example, if a client asks an attorney to provide fraudulent evidence, destroy or alter evidence, hide assets, or tamper with a witness, the attorney has a duty to report this. Another example could be a client asking an attorney about which documents he or she should destroy to hide a criminal act. If the prosecution has any reason to suspect that such a conversation took place, they could demand the attorney divulge what the client said.

  Ultimately, any conversations regarding past criminal acts will fall under attorney-client privilege, but any conversations about ongoing illegal activity or intent to commit illegal acts in the future would not. Attorneys also have a duty to correct the record if a client commits perjury, or lies under oath. If an attorney is unsure whether it is acceptable or necessary to breach attorney-client privilege or share confidential information, the attorney should consult with an experienced colleague.

• What Is Attorney Client Privilege?

  November 5, 2018

  When an individual hires a Raleigh criminal lawyer for legal representation, the attorney needs to know all of the facts of the client’s situation to provide effective representation. The concept of attorney-client privilege helps establish trust and open communication between attorneys and their clients. Under attorney-client privilege, attorneys may not divulge any of a client’s secrets or share correspondence with the client with any other parties without the client’s consent. The logic behind this type of protection is to encourage clients to be as truthful as possible with their attorneys.

  How and When Does Attorney-Client Privilege Apply?

  It’s important for any potential clients to know when attorney-client privilege actually applies, what it covers, and possible exceptions in a particular case. Attorney-client privilege applies when a client or potential client shares any information about a legal matter with the attorney. Generally, a potential client will have a case evaluation or consultation with an attorney to decide whether to hire the attorney for representation in a case. Once the attorney agrees to represent the client, the client must sign a contract agreeing to the lawyer’s services.

  Under attorney-client privilege, a client has the right to expect a reasonable degree of confidentiality when it comes to oral or written communications with his or her attorney. The lawyer may not share any confidential correspondence outside of the legal team handling the client’s case. It is also important to remember that a client can waive attorney-client privilege as he or she sees fit, but an attorney cannot.

  Clients should also remember when the expectation of secrecy and confidentiality can apply. If the client shares information with his or her attorney in private, there is an expectation that the conversation falls under attorney-client privilege. However, if the attorney and client meet in public and discuss aspects of a confidential legal matter, there is nothing stopping a person who overhears the conversation from testifying about it later and reporting what he or she overheard.

  Attorney-Client Privilege vs. Duty of Confidentiality

  Some people mistakenly conflate attorney-client privilege with attorneys’ duty of confidentiality for their clients. While attorney-client privilege prevents an attorney from discussing aspects of a client’s case with parties outside the client’s legal team, the duty of confidentiality is a more expansive legal concept. An attorney’s duty of confidentiality prohibits an attorney from sharing any confidential information about a client at any time, even outside of the courtroom.

  The duty of confidentiality even extends after a case concludes. An attorney may not divulge any confidential information pertaining to a client from any source, even after the client has died.

  Possible Exceptions

  There are very few scenarios in which an attorney can legally and ethically breach attorney-client privilege. One of the most common reasons for doing so would be to prevent the client from harming others. For example, if a client tells his or her attorney in confidence that he or she committed a murder, the attorney may not disclose this information under attorney-client privilege. However, if the client tells the attorney he or she intends to harm or kill a witness in the case, the attorney has a duty to disclose this information to the authorities to prevent harm.

  Lawyers are officers of the court and must, therefore, comply with court orders. If a judge has reasonable grounds to request confidential information, the attorney must comply with the court order. State laws may come into play as well. For example, in some states, an attorney must correct the record if he or she knows that a client lied. However, the attorney may also suggest the client invoke his or her Fifth Amendment right to avoid self-incrimination.

  Good attorneys treat attorney-client privilege as sacred and would never breach this trust-based contract without justification. Breaching attorney-client privilege can not only damage an attorney’s reputation but also lead to legal and professional penalties, possibly even disbarment.

• Should I admit guilt to my criminal defense attorney in Raleigh, North Carolina

  April 1, 2014

  Often times, people that are facing criminal charges worry that if they tell the truth about their guilt or involvement to their lawyer, their lawyer won’t represent them to the best of their ability. Contrary to the belief of many, criminal defense lawyers are wholeheartedly committed to providing you with the best outcome possible. The point of a criminal trial is for the prosecutor to prove beyond a reasonable doubt that you committed the crime you are being charged with. It’s your attorney’s job is to fight on your behalf, regardless of their personal view of the case or opinion of you.

  The Raleigh criminal defense lawyers at the Scharff Law Firm want their clients to tell the truth about all of the facts that make up their case. It is not the job of the attorney to judge you, rather, it is their job to advocate on your behalf and ensure you get a fair and speedy trial. It is not up to your criminal defense lawyer to determine whether you are guilty of a crime. It’s incumbent upon the government to prove that you did it.

  Most criminal defense lawyers will want their clients to tell them everything, no matter how bad the details may be. Why? Because a lawyer cannot adequately defend you without all the facts. Some lawyers may tell a client that they only want to know what is being alleged in the statement of facts. Attorneys are required to keep their conversations with their clients confidential, and the attorneys at the Scharff Law Firm feel it is critical that everything is discussed at the attorney-client conferences.

  Defense lawyers are ethically required to represent all clients equally, regardless if they believe them to be guilty or innocent. You may have committed the crime you are being charged with, but you could have a valid defense that would make you innocent of the charges under the law. Criminal defense attorneys should use the facts to present the most effectual defense possible and leave the questions of guilt or innocence to the judge or jury.

  If you’ve been charged with a crime and are in need of criminal defense services, contact Scharff Law Firm right away. Don’t wait another minute – discover all of the options available to you by calling a Criminal Defense Attorney in Raleigh, North Carolina such as Scharff Law Firm at (919) 457-1954 today.