How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ely Your Own Question

Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 88290
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
Ely is online now
A new question is answered every 9 seconds

Hi Ely — Ive read that DUI cases in NC are getting mistrials

Resolved Question:

Hi Ely — I've read that DUI cases in NC are getting mistrials because of long delays in getting back state crime lab reports. Do you think that there's any likelihood of success in getting a mistrial for a fairly low level felony drug charge? My son usually works in Costa Rica and Ecuador every winter, but he's out of work because his passport was confiscated, so repeated continuances are creating an added financial burden for him.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Ely replied 11 months ago.
Hello and thank you for requesting me.

1) Does your son have prior convictions for anything?
2) What county of NC is this in?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 11 months ago.

Hi Ely,


No prior convictions of any kind. He's in Swain County.

His attorney says, "However frustrating, the longer wait is better. More likely that things change helping the defendant than the state."

He has been going to Costa Rica & Ecuador to guide kayaking trips with his employer for almost twenty years. Employers posted bail for him and would surely vouch for his showing up in court, but several more years of delays would be really hard because so little work is available in Swain Cty in the winter.

Expert:  Ely replied 11 months ago.
Friend,

His attorney says, "However frustrating, the longer wait is better. More likely that things change helping the defendant than the state."

Smart attorney. You see, prosecutors (DA, colloquially) have a loaded docket every time. The more one waits, the more the DA will either have to do a good deal or risk the matter at trial (which costs man hours and time). The DA does not want to go to trial most of the time. So the matter keeps getting postponed and hopefully, the DA will be pressured to agree to a good deal.

Is there a guaranteed mistrial, however? No. And, taking this risk also may mean being convicted if the jury finds him guilty. As such, the attorney's advice of wait and let the pressure build on the DA makes a lot of sense.

Now, it is his choice, of course. However, if I were him, I would play the waiting game. Swain County is not large - there is no back up per se on cases, and there is no such enlarged mistrial of mistrial, I am afraid. Mistrial means the jury not being able to reach a unanimous guilty plea. In Swain County, the lab is not backed up (which may cause juries to question DA argument), so he'd be taking a risk going to trial. A big risk.

Waiting is better, even if it means financial hardship...

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

I hope this helps and clarifies. Gentle Reminder: Use the reply button to keep chatting, or please rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correctt. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 88290
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 6 other Criminal Law Specialists are ready to help you
Customer: replied 11 months ago.

Thank you, Ely.

Expert:  Ely replied 11 months ago.

My pleasure.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.
 
 
 

Related Criminal Law Questions