North Carolina Operation Recovery

WSOCTV recent news story about veterans receiving treatment for Post-Traumatic Stress Disorder caught my attention. You can watch it here.  North Carolina Operation Recovery is a pilot program that assists veterans who are combating mental illness, mental disorders or have traumatic brain injures. The program focuses on both individuals that have current cases in the criminal justice system and those who are likely to become involved in the system.  Operation Recovery seeks to provide treatment to veterans and, if appropriate, focus on treatment instead of incarceration. Here is the link to Operation Recovery and the link to the Veterans Treatment Court.

The story highlighted an alarming statistic that over 1 million American veterans are currently serving jail terms in our country. Equally troubling is the statistic that 18 veterans commit suicide every day.   The New York Times highlighted the case of  veteran Brad Eifert who ended up in jail after an armed confrontation with police that resulted from a suicide attempt. Access to care appears to be a central factor in all these cases. Suicide rates appear to be higher for men ranging from 18-29 that served in Iraq and Afghanistan.  The number drops significantly for those who had access to VA health care. 

These stories are incredibly alarming. Organizations like North Carolina Operation Recovery certainly seem important in light of these statistics. 

Criminal Law Updates Provided By The Law Office of Carilyn Ibsen PLLC (888)543-2427

Juror Hold Out

I have never sat on a jury. The closest I came to being accepted as a jurist was in my third year of law school when I made it out of the jury waiting room, was sent to a courtroom for a criminal trial and was called in the 'box'. The 'box' is the area where the jury sits during the trial. There I was questioned by the attorneys and was promptly dismissed after the defense attorney found out that I had spent a summer working in the District Attorney's office. That will likely be the closest I will ever come to serving on a jury. While many citizens dread the jury summons notice, I will continue hold out hope.

Courtesy of Time Warner Cable, the 'juror hold out' commercial.

Criminal Law Updates Provided By The Law Office Of Carilyn Ibsen PLLC (888)543-2427

Advocating For Your Client

I previously wrote a post about defense attorneys being the most unpopular person in the room. A defense attorney has to be comfortable with that. Their job is to advocate for their client. The cold stares in the courtroom must be disregarded. Your client is your priority.

I represented a man earlier this week in a 50b restraining/protective order civil hearing. A women was accusing my client of acts of violence that would entitle her to a protective order. These are serious allegations. Not only does a protective order get placed in a national registry, but the judge can order the defendant to enroll and complete a batterers treatment  program, award attorneys fees and even structure child visitation if they are related to the case. We had a strong case with good evidence to rebut her claims.  The judge refused to grant the women's request and the case was dismissed. My client was happy. Others in the courtroom were not.

Later in the week I was back in criminal court with a different client. My client was accused of assaulting a police officer at the jail. I felt the video exonerated my client. The judge found her not guilty of the assault on the police officer. As far as being the most unpopular person in the room;  police officers in Mecklenburg County are subpoenaed twice a month for cases they have worked on. They come to court on their court day and sit in rows on the side of the courtroom. They wait for their cases to be heard and watch the court proceedings. I felt the stare of many in the courtroom while I cross examined the officer regarding the issue which I believed was excessive force used by the officer.

The job of the prosecutor is to represent the state. They are not there to advocate for the accused. A defense attorney won't win a popularity contest, but that is not their job. Their job is to advocate for their client, even though it might be unpopular.

Criminal Law Updates Provided by the Law Office of  Carilyn Ibsen PLLC (888)543-2427

A Second Chance at Success, Cont....

Almost a year ago, I wrote about a case I had in juvenile court. I called it A Second Chance At Success. This youngster was likely facing a disposition that would result in a lengthy term at a Youth Development Center in North Carolina. Called YDC, many juveniles call it prison for kids. Thankfully, this child ended up going into foster placement. I saw stability in this young person's life that never existed before. Whether this young adult would succeed or not, it  was in their own hands now.

I often tell my young clients, the best gift they can give themselves is a signed order from a judge that terminates their probation. Successful completion. I received a copy of an order over Christmas that terminated the child's probation in this case. What a nice Christmas gift for not only the attorney, but for this young adult.

Criminal Law Updates Provided by The Law Office Of Carilyn Ibsen PLLC (888)543-2427

Without the Recording...

Criminal defense attorneys speak to their clients about events that happened the night they were arrested. Often they are entirely different than what a police report reads. Tape recordings and videos are invaluable. Granted, sometimes they don't help your case, but many times they prove what your client said was true.

The clip below is a story that appeared on the Today show. It's not a criminal case, but it demonstrates a situation where the majority of people would not believe what they were being told. Cheyanne, a special needs student from Ohio told her parents that her teachers were being mean to her. The parents reported the abuse to the school. The school responded by stating the child was lying. The Superintendent said the parents were bordering on slander and harassment. At some point the parents sent the child to school with a tape recorder.

Listen to the tapes. It is disturbing beyond belief.  Would you have believed this girl without the recording?

Visit msnbc.com for breaking news, world news, and news about the economy

Criminal Law Updates Provided by The Law Office of Carilyn Ibsen PLLC (888)543-2427

A Proper Exit

Veterans Day is this Friday. 60 minutes had a moving story on veterans who return to Iraq after being injured. Called Operation Proper Exit, injured soldiers are given the opportunity to return to Iraq in an attempt to confront the traumatic memories that forced them to leave. They are given the opportunity to leave on their own terms.

 In 2007, Corporal Steven Cornford, was hit in the left shoulder while under attack by an enemy machine gun nest in Iraq. Severely injured, he ran to grab his Lieutenant who was also hit. Corporal Cornford ended carrying the Lieutenant over a mile to a medevac helicopter. The Lieutenant died. Corporal Cornford underwent surgery and survived.. He was 18  years old at the time.

Three years later, he still cannot forgive himself. He thought he could do more. He was awarded the Silver Star for Valor. In his early 20's now, he suffers from post traumatic stress disorder. Corporal Cornford returned to Iraq to try to put to rest the guilt and anger:

Operation Proper Exit helps Cornford and the others lay down some of the burden by bringing them back not just to a place but to a time, a time they were proud of. The trip is a tour and every stop is part of the therapy. Back with the troops, the machines, and the weapons that were their strength. 

This post doesn't have much legal significance (Although I am confused by the fact that our country sends a 18 year old into battle, but doesn't let him by a beer). However, it reminded me of the important reason behind the court holiday this Friday. Also, the importance of not only a proper exit, but a proper homecoming for soldiers that were never given one.

Here is the link to Troops First Foundation.


Criminal Law Updates Provided by The Law Office of Carilyn Ibsen PLLC (888)543-2427

Knowing When to Say No

My mother called me the other day and asked "Do you know when to say no?". She had been watching the case of People v. Conrad Murphy, the well known case against the doctor who administered Propofal to Michael Jackson at his home to help him sleep. The emergency doctor testified that his duty to a patient included the ability to recognize when something is outside of his area of practice. You call for help or you send the patient to a doctor who specializes in that area. The doctor testified that an emergency room doctor would never administer Propofal; the anesthesiologist would be called. Similarly, a  heart surgeon does not remove an appendix and a podiatrist does not test for allergies.

Most lawyers receive many phone calls throughout the course of the day. Their duty is the same. I get phone calls for a variety of issues. Recently a small business owner called with an issue with their bank. I don't sue banks. Someone else got fired from their job. Referred them to an employment attorney. Someone bought a house. Told them to find a real estate attorney and a good title insurance firm.

Nobody likes to turn away business. However, sometimes the duty to your client requires it.



Criminal Law Updates Provided By The Law Office of Carilyn Ibsen PLLC (888)543-2427