Recent Blog Posts

What to do if You Were Caught On Tape

Greenville Criminal Defense Lawyer — Wed, 30 Nov 2011 18:13:00 GMT

If you have been accused of a crime and there is video surveillance footage of you leaving the scene of the crime or even of you committing the act itself, it may seem impossible to avoid conviction. However, even if you were allegedly caught on tape, there are ways that a Greenville criminal defense attorney may be able to challenge the validity of the footage.

Common crimes caught on tape include shoplifting, robbery and other types of misdemeanors, juvenile crimes or felony offenses. An experienced lawyer knows how to properly challenge the footage itself and to investigate every angle of your case. Was the picture on the video clear? Can you determine, without a shadow of a doubt, that it is the defendant on the video and not a look-alike? A criminal defense attorney may be able to help you file a motion to suppress this evidence, drastically improving your chances for a positive verdict. At the Burch Law Office, we are skilled at defending the legal rights of our clients and have a proven track record of providing excellent legal services for a number of legal issues. Contact a Greeneville criminal defense lawyer today for your free case review!

First Time Drug Offense -- How to Keep a Clean Record

Burch Law Office — Tue, 23 Aug 2011 01:44:00 GMT

It has been argued for years that marijuana should be legal in the United States, but as hard as many have pushed no leeway has yet been made. However, the North Carolina legislature has taken some leniency in North Carolina General Statute 90-96 which applies to minor drug offenses. When someone is charged with drug violations, under certain statutes, a judge in their discretion may use N.C.G.S 90-96 in sentencing which will allow for the charges to get dismissed. When sentenced for minor drug offenses, such aspossession of marijuana, possession of drug paraphernalia, and even some lower level felonies, underN.C.G.S. 90-96 the judge may place the accused on supervised or unsupervised probation for a period of time, ask them to perform some tasks, and if the accused successfully completes what the judge sets out, the case will be dismissed. And, although it does not happen automatically, under certain circumstances you may thereafter pursue getting the charge expunged completely from your record. Every judge has his or her varying preferences regarding sentencing someone under the provisions ofN.C.G.S. 90-96 and at the Burch Law Office we can guide you through the process and inform what steps need to be taken before appearing before the judge. If you need a Greenville Drug Attorney, or you need help in Pitt County, Lenoir County, Greene County, Beaufort County, Martin County, Edgecombe County, or Wilson County and have been charged with possession of marijuana (whether it be a misdemeanor or felony), possession of drug paraphernalia, or any other drug related charge call our office and set up an appointment with a Greenville Drug Lawyer to find out your options and how best to proceed with your case. There is no reason for this to stay a part of your criminal record for life if it can be helped.

Illegal Wristbands for Underage Students

Burch Law Office — Thu, 18 Aug 2011 20:09:00 GMT

As another semester begins, young adults from all over will descend upon East Carolina University to pursue an education and enjoy four transition years from youth to adulthood. Alcohol often plays a role in this transition and throughout the college experience, however, the underage purchase, possession, and consumption of alcohol is illegal. Throughout Greenville, and prominent in popular hangouts, North Carolina Alcohol Law Enforcement agents keep a close eye on those partaking too soon and often issue citations for alcohol violations. A recent trend among college students is to obtain a wristband given out by bars and clubs, which indicates they are older than 21 and able to purchase alcohol. While most students are well aware that being underage and purchasing alcohol is illegal, most do not realize that wearing one these wristbands in a club or bar is also illegal. See North Carolina General Statute 18B-302 (e). ALE agents have caught on to this method employed by those underage to purchase alcohol and are subsequently citing them for having these wristbands. The rationale behind making it illegal to have a wristband if you are under 21 is the same as that for altering your driver's license. The government has in place safeguards to insure those with alcohol and those buying alcohol are at least 21. Anyone possessing an altered driver's license or a wristband in certain clubs is representing they are older than 21 and able to legally purchase and consume alcohol. If you get cited for wearing a wristband or having another's identification, or an altered identification to purchase alcohol there are often ways to get these cases dismissed. Greenville Attorneys Timothy E. Burch and Mark D. Stewart of the Burch Law office in Greenville regularly resolve cases involving alcohol and will advise you on how to proceed in these cases for the best results. Please contact the Burch Law Office for further information.

Can you beat a DWI charge?

Burch Law Office — Wed, 17 Aug 2011 21:07:00 GMT

Thankfully, the answer is YES. Greenville DWI Lawyer Timothy Burch and the Burch Law Office handle a large volume of DWI cases. The focus of your defense should be on the stop and the arrest. Often, there is not probable cause to initiate the stop and not enough evidence to justify an arrest at an early point in the encounter with law enforcement. We thoroughly review all of the facts surrounding the stop and arrest in your case to identify issues that can be helpful to winning your case at trial. Call us today if you, a friend, or family member need help with a DWI charge in Greenville, North Carolina or any of the surrounding counties. We serve Pitt, Martin, Lenoir, Greene, Beaufort, Martin, and Edgecombe counties.

Driving While Impaired, DWI's and DUI's: harsher punishment

Burch Law Office — Sat, 13 Aug 2011 20:22:00 GMT

Driving while impaired, DWI, or DUI, is a misdemeanor driving offense in North Carolina. Prior to June 23, 2011, it was punishable by up to two years in prison for a person with a bad record. On June 23, 2011 Governor Beverly Perdue signed legislation into law called Laura's law. Under the new law for drunk driving, there is a new level of punishment that has been created which carries much harsher penalties for driving while impaired. A person convicted of the new aggravated level one DWI, faces a fine up to $10,000.00, three (3) years in prison, and no parole. When released from prison, you are required to wear a device that monitors your body for alcohol. Can you imagine the price of that device on top of the increased costs of court also imposed under the new legislation. The pertinent part of Laura's law regarding the punishment reads as follows:

A defendant subject to Aggravated Level One punishment may be fined up to ten thousand dollars ($10,000) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than 12 months and a maximum term of not more than 36 months. Notwithstanding G.S. 15A-1371, a defendant sentenced to a term of imprisonment pursuant to this subsection shall not be eligible for parole. However, the defendant shall be released from the Department of Correction on the date equivalent to the defendant's maximum imposed term of imprisonment less four months and shall be supervised by the Division of Community Corrections under and subject to the provisions of Article 84A of Chapter 15A of the General Statutes and shall also be required to abstain from alcohol consumption for the four-month period of supervision as verified by a continuous alcohol monitoring system. For purposes of revocation, violation of the requirement to abstain from alcohol or comply with the use of a continuous alcohol monitoring system shall be deemed a controlling condition under G.S. 15A-1368.4.

The changes that come with the passage of Laura's Law become effective December 1, 2011 and apply to all offenses which are committed on or after that date. Having an experienced DWI lawyer will be even more important than it has been prior to the recent changes in the law. Greenville DWI lawyer Timothy E. Burch and the Burch Law Office help those charged with DWI's, DUI, driving while impaired, and driving after consuming being underage. Mark D. Stewart is an attorney with the Burch Law Office and is a former prosecutor who uses his knowledge, skill, and experience from the district attorney's office to better assist clients of the Burch Law Office who are charged with driving offenses. Contact us today!

Welcome to Our Greenville Criminal Defense Blog

GreenvilleCriminal Defense Attorney — Mon, 27 Jun 2011 20:46:00 GMT

Our attorneys are pleased to announce the launch of our Greenville criminal Defense Blog with RSS feed here