There are certain defenses for the people built into the Criminal Justice system that prevent the prosecution from using unrelated facts to determine the guilt or innocence of a defendant. Being a RALEIGH CRIMINAL DEFENSE ATTORNEY it is my job to make sure the rights of the defendant are both understood and applied in a court of law to ensure equal justice under the law. Therefore, this article will be covering topics such as Double Jeopardy, Ex Post Facto, Lack of Jurisdiction, and Expiration of the Statute of Limitations.

The element of Double Jeopardy is a good place to start when referring to defenses against unjust prosecution. Laid out in the fifth-amendment of the United States Constitution, Double Jeopardy in laments terms means that a Defendant cannot be charged with the same crime at any time after an acquittal or conviction. Double Jeopardy also prevents receiving multiple punishments for the same charge. Despite this preventative measure, it is imperative to consult a WAKE COUNTY CRIMINAL LAWYER as it is important to understand that while that it is not considered Double Jeopardy if separate charges contain different elements from the other. For instance, if a Defendant is charged with both an assault and robbery, then they cannot be considered the same charge even if they happened at the same time.

Another important provision to understand, in both North Carolina and the United States, is the use of ex post facto. Ex post facto prohibits a punishment for a crime that was not considered a crime at the time it was committed. This provision also covers changing the elements of an offense after it was committed to the defendant's disadvantage; taking away an act constituting the crime; and altering the rules of evidence to allow less or different testimony than the law required when the crime was committed to obtain an order to convict.

When you have a Lack of Jurisdiction this basically means the State is not within its jurisdiction making them unable to try a Defendant for their offense. In laments terms, a lack of jurisdictions removes any power or authority the State has over that person or the offense committed. This means that North Carolina cannot try cases that do occur within its state lines.

Lastly, a CARY DUI ATTORNEY should inform you the statute of limitations allow a Defendant with a criminal charge not brought against them within a standard span of time to not be able to be prosecuted. For misdemeanors in North Carolina the statute of limitations is two years, beginning from the instance the crime is committed to the end of the two-year time span, after which the state can pursue no further action.