A. Patrick Roberts

Attorney Profile

Top Rated Criminal Defense Attorney in Raleigh, NC

Roberts Law Group, PLLC
 | 203 W. Millbrook Road, Suite 200
Raleigh, NC 27609
Phone: 919-838-6643
Fax: 919-573-0774
Selected to Super Lawyers: 2018 - 2019
Selected to Rising Stars: 2013 - 2015
Licensed Since: 2002
Practice Areas:
  • Criminal Defense (70%),
  • Criminal Defense: White Collar (30%)
Attorney Profile

Patrick Roberts is the founding attorney of Roberts Law Group, PLLC, a criminal defense law firm with offices in Raleigh, Wilmington and Charlotte. He served as an Assistant County Attorney in three North Carolina jurisdictions before dedicating his practice to defending those accused of state and federal crimes throughout North Carolina, including drunk driving/DWI, drug charges, sex offenses, white collar crimes, domestic violence and other misdemeanor and felony charges.

Patrick Roberts is an aggressive criminal defense lawyer who believes in fighting for the rights of his clients at every step of the criminal process. Mr. Roberts is an experienced trial lawyer and has developed a reputation for achieving successful results in difficult cases throughout North Carolina.

Mr. Roberts is a graduate of the Duke University School of Law. He is a contributing author to two legal guides focused on effective criminal defense strategies for sex offenses and drunk driving charges. He is a member of the National Association of Criminal Defense Lawyers, the National College for DUI Defense and the White Collar Criminal Defense College.

Patrick Roberts is admitted to practice before all state and federal courts in North Carolina, as well as the U.S. Supreme Court.  Mr. Roberts serves as a Commissioner on the North Carolina State Ethics Commission.  He is also a member of the North Carolina Juvenile Justice Planning Committee.  Mr. Roberts was appointed to both positons by North Carolina Governor Pat McCrory. 

 
Practice Areas
Lawyer Practice Area Pie Chart

Criminal Defense (70%): Arrest & Arraignment, Assault & Battery, Criminal Fraud, Criminal Law, Drug & Alcohol Violations, Expungement, False Accusations, Felony, Juvenile Delinquency, Misdemeanor, Motor Vehicle Offenses, Murder, Probation, Sex Offenses, Tax Evasion, Theft, Traffic Violations, Criminal Domestic Violence

Criminal Defense: White Collar (30%): White Collar Crime, Criminal Law - Federal

Focus Areas

Arrest & Arraignment, Assault & Battery, Criminal Fraud, Criminal Law, Drug & Alcohol Violations, Expungement, False Accusations, Felony, Juvenile Delinquency, Misdemeanor, Motor Vehicle Offenses, Murder, Probation, Sex Offenses, Tax Evasion, Theft, Traffic Violations, Criminal Domestic Violence, White Collar Crime, Criminal Law - Federal

Selections

Selected to Super Lawyers for 2 yearsmiddle-imageSelected to Rising Stars for 3 years

Super Lawyers: 2018 - 2019 Rising Stars: 2013 - 2015

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White Papers

  • The Numbers Count: Fraud and the Federal Sentencing Guidelines - When you’re looking at federal time, the numbers count. Criminal history points, offense levels, the number of alleged victims and the dollar amounts involved can all impact the amount of time that you serve. Here’s what you need to know about federal white collar crimes and the sentences that are handed down

  • http://www.robertslawteam.com/ A. Patrick Roberts, a North Carolina criminal defense attorney, discusses the legal rights of individuals who have been accused of a crime.

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    About Patrick Roberts

    Admitted: 2002, North Carolina

    Professional Webpage: http://www.robertslawteam.com/Attorney-Profiles/Patrick-Robe...

    Honors/Awards:

    • Attorney Roberts was nominated by his peers and awarded this designation after a national vetting process., Top 40 Under 40, The National Trial Lawyers, 2013
    • Attorney Roberts was nominated by his peers and awarded this designation after a national vetting process., Top 100 Trial Lawyers, The National Trial Lawyers, 2013
    • Attorney Roberts was nominated by his peers and selected for this award after a national vetting process., Top 40 Lawyers Under 40, American Society of Legal Advocates, 2013
    • Attorney Roberts was nominated by his peers and awarded this designation after a national vetting process., Top 100 Trial Lawyers, The National Trial Lawyers, 2014
    • Attorney Roberts was nominated by his peers and awarded this designation after a national vetting process., Nation's Top 1 Percent, National Association of Distinguished Counsel, 2015
    • Attorney Roberts was nominated by his peers and awarded this designation after a national vetting process., Top 100 Trial Lawyers, The National Trial Lawyers, 2015
    • Attorney Roberts was nominated by his peers and awarded this designation after a national vetting process., Top 100 Trial Lawyers, The National Trial Lawyers, 2016
    • Attorney Roberts was nominated by his peers and awarded this designation after a national vetting process., Nation's Top 1 Percent, National Association of Distinguished Counsel, 2016
    • Attorney Roberts was nominated by his peers and awarded this designation after a national vetting process., Top 100 Trial Lawyers, The National Trial Lawyers, 2017
    • Attorney Roberts was nominated by his peers and awarded this designation after a national vetting process., Nation's Top 1 Percent, National Association of Distinguished Counsel, 2017
    • Attorney Roberts was nominated by his peers and awarded this designation after a national vetting process., Nation's Top 1 Percent, National Association of Distinguished Counsel, 2017
    • Selected by peers to receive this award that acknowleges high ethical standards and comptetence in the field of Criminal Defense.  , AV Preeminent, Martindale-Hubbell®, 2018
    • Attorney Roberts was nominated by his peers and awarded this designation after a national vetting process., Nation's Top 1 Percent, National Association of Distinguished Counsel, 2018
    • Attorney Roberts was selected to receive this award after his clients rated him very highly., Client Champion Award, Martindale-Hubbell, 2018

    Bar/Professional Activity:

    • U.S. District Court Eastern District of North Carolina, 2008
    • Vice President, Wake County Academy of Criminal Trial Lawyers, 2009
    • United States Supreme Court, 2010
    • Member, American Bar Association's Criminal Justice Section
    • Member, National College for DUI Defense
    • Member, National Association of Criminal Defense Lawyers
    • U.S. District Court Western District of North Carolina , 2010
    • U.S. District Court Middle District of North Carolina, 2010
    • United States Court of Appeals, Fourth Circuit, 2012

    Pro bono/Community Service:

    • Juvenile Justice Planning Committee, 2014
    • Comissioner, North Carolina State Ethics Commission, 2016, 2017
    •  Comissioner, North Carolina State Ethics Commission, 2016

    Scholarly Lectures/Writings:

    • Taught a college survey course at North Carolina Weslyan College on issues of criminal and regulatory law.  , Course Instructor, Legal Environment for Business, 2007
    • Taught a college survey course at North Carolina Weslyan College on issues of criminal and regulatory law.  , Course Instructor, Legal Environment for Business, 2008
    • Lecture to newly admitted attorneys on how to properly establish a law practice., Speaker, Organization of Your Law Office - The Basics, North Carolina Advocates for Justice, 2012
    • Lecture to newly admitted attorneys on how to properly establish a law practice., Speaker, Starting and Running a Law Office, North Carolina Advocates for Justice, 2013

    Verdicts/Settlements:

    • Charges/Accusations: 8 Counts of Felony Obtaining Property by False Pretenses, Financial Card Fraud, & Identity Theft in State Court; Federal Investigation for Access Device Fraud and Aggravated Identity TheftFacing: 153 Months in NC Department of Corrections on State Charges; up to 22 Years if Indicted FederallyResult: Plea to Misdemeanor with time served on State Charges and avoided Federal prosecutionNorth Carolina v. E.D.: Our client was the subject of a large-scale federal investigation by the United States Secret Service for identity theft crimes in North Carolina and several other states. Our firm dedicated multiple attorneys to this complex financial crime case and ultimately brokered a plea resolution involving the district attorneys of two North Carolina counties as well as the US Attorney's Office - a deal which ultimately allowed our client to avoid prison time and any felony convictions as well as avoiding federal prosecution.
    • Accusation: Making False Statements to Obtain Federal Worker's Compensation Benefits, 18 U.S.C. § 1920.Facing: Five yearsResult: ProbationUnited States v. L.F.: Our client received federal worker's compensation benefits for an injury he sustained while working for the government. While receiving benefits, the client also participated in the day-to-day operations of a family farm. Federal agents covertly placed a camera near the farm and captured the client performing work. However, when asked by the government to confirm his work status on a standard government benefits form (CA-1032), our client answered "no" to the question "were you self-employed or involved in any business enterprise." For our client's offense, the government and the United States Sentencing Guidelines recommended a sentence of 10 to 16 months in prison. However, after presenting a number of mitigating factors to the Court, our client received a sentence of only probation.
    • Accusation: Three Counts of Trafficking in Cocaine over 400 grams, N.C.G.S. § 90-95.Facing: Mandatory Minimum of 175 months in Prison on Each Count.Result: Probation.State v. R.P.: Our client was accused of trafficking kilogram quantities of cocaine. The State’s evidence including recordings, phone dumps for many phones, DEA Investigative Reports, and surveillance. Our client entered into a plea deal that allowed us to argue for probation, despite the large quantities of narcotics involved in the case. Given our client’s work history and otherwise clean record, we successfully convinced the Court to sentence our trafficking client to only probation.
    • Accusation: Felony Level I Trafficking in Heroin, N.C.G.S. § 90-95(h); Simple Possession of Schedule VI (Marijuana) and Schedule IV (Xanax), N.C.G.S. § 90-95(d)(2) and (4).Facing: Mandatory Minimum Sentence of 70 to 93 Months in Prison, and a Mandatory $50,000 Fine, for Trafficking Heroin; Followed by Sentences of 120 and 20 days for Simple Possession.Result: Dismissal of the Felony Trafficking Charge in Exchange for Plea to Two Counts of Misdemeanor Simple Possession; Client Received Probation.State v. R.M.: Our client was caught at a traffic checkpoint with a trafficking quantity of heroin. Our client was also found to be in possession of Xanax and Marijuana. When he requested and received a copy of the checkpoint plan that police used to conduct the checkpoint at issue, we realized that the plan had major problems from a constitutional standpoint. Therefore, we prepared a motion to suppress, provided it to the prosecutor’s office, and advised that our client would be filing and arguing the motion unless a favorable resolution could be reached prior to trial. In essence, our motion, if granted, would "throw-out" any evidence found on our client as a result of his stop at the unconstitutional checkpoint. Appreciating the strength of our motion, the district attorney agreed to allow our client to plead guilty to misdemeanors, even though he faced a mandatory minimum of well over 5 years in prison for the felony heroin trafficking charge alone.
    • Accusation: Possession of Heroin, in violation of N.C.G.S. § 90-95(D)(1), PWIMSD Heroin, in violation of N.C.G.S. § 90-95(A)(1), Trafficking Opium or Heroin, in violation of N.C.G.S. § 90-95(H)(4), Maintaining a Vehicle/Dwelling/Place Controlled Substance, in violation of N.C.G.S. § 90-108(A)(7), Possession of a Stolen Firearm, in violation of N.C.G.S. § 14-71.1, Misdemeanor Possession of Marijuana up to 1/2 oz, in violation of N.C.G.S. § 90-95(D)(4), Misdemeanor Possession of Marijuana Paraphernalia, in violation of N.C.G.S. § 90-113.22A, and Possession of Firearm by Felon, in violation of N.C.G.S. § 14-415.1.Facing: Mandatory 70 to 93 months incarceration for trafficking; plus 126 months in prison for the remaining chargesResult: Case Dismissed after Successful Motion to SuppressState v. Q.W.: Our client was accused of drug trafficking and many related offenses. The State built their case based on confidential informants and a search warrant for our client’s alleged stash house. After reviewing the search warrant, we filed a motion to suppress due to many legal insufficiencies in the warrant. For example, we believed that the informants relied on in the warrant were unreliable. We also felt that although the investigation of our client involved controlled buys, the details of those buys were insufficiently summarized in warrant. Ultimately, the Court agreed and found that the search warrant in our client’s case was not supported by probable cause, as a result, all charges were dismissed by the State.
    • Charges: Felony Death by Vehicle (N.C.G.S. § 20-141.4), and DWI (N.C.G.S. § 20-138.1)Facing: 64-91 monthsResult: Supervised probation with a suspended sentence of 51-74 monthsNorth Carolina v. R.H. - Our client hit and killed a motorist when he was driving while impaired. He blew a .23 on the EC-IR II. Our client pled guilty to Felony Death by Vehicle. At sentencing, we successfully argued for a probationary sentence. Our client received 48 months of supervised probation with a suspended sentence of 51-74 months.
    • Charges: Larceny by Employee (N.C.G.S. § 14-74), Embezzlement (N.C.G.S. § 14-90), Larceny of Motor Vehicle (N.C.G.S. § 14-72), and Obtain Property by False Pretense (N.C.G.S. § 14-100)Facing: 24-68 monthsResult: DismissedNorth Carolina v. M.R. - Our client was accused of stealing materials and supplies from the construction company he worked for. We challenged each charge and the Assistant District Attorney dismissed the case because of insufficient evidence.
    • Charge: DWI (N.C.G.S. § 20-138.1)Facing: 2 monthsResult: DismissedNorth Carolina v. B.R. - Our client was charged with a DWI after blowing a .08 on the EC-IR II. We filed a pre-trial motion to dismiss based on an unconstitutional driver's license checkpoint. The DWI charge was dismissed.
    • Charge: DWI (N.C.G.S. § 20-138.1)Facing: 2 monthsResult: DismissedNorth Carolina v. B.R. - Our client was charged with a DWI after blowing a .08 on the EC-IR II. We filed a pre-trial motion to dismiss based on an unconstitutional driver's license checkpoint. The DWI charge was dismissed.
    • Charge: Conspiracy to Commit Mail, Wire, and Bank Fraud (18 U.S.C. § 371)Facing: 5 yearsResult: ProbationUnited States of America v. R.F. - Our client was a public official who falsified paperwork to maintain eligibility for government benefits and was facing up to 5 years in prison. The Presentence Investigation Report stated the guideline imprisonment range was 60 months. We argued that prison time was not necessary in light of our client's role in the community and her history of good behavior. The Judge sentenced our client to 3 years of probation.
    • Charges: Conspiracy to Commit Wire Fraud (18 U.S.C. § 1349), and Wire Fraud; Aiding and Abetting (18 U.S.C. §§ 2, 1343)Facing: 40 yearsResult: Deferred ProsecutionUnited States of America v. K.M. - Our client was accused of preparing fake documents to assist straw buyers in committing mortgage fraud in violation of federal law. We argued and successfully persuaded the Assistant United States Attorney to defer prosecution.
    • Charges: First Degree Murder, N.C.G.S. § 14-17, Robbery with a Dangerous Weapon, N.C.G.S. § 14-87Facing: mandatory LIFE sentence, plus 160 to 204 monthsResult: 144 months to 185 months.State v. J.G.: The State had compelling evidence that our client set up a drug deal that directly lead to the robbery/murder of a young man. We persuaded the State to reduce the charges to Second Degree Murder. In North Carolina, there are two types of Second Degree Murder, N.C.G.S. § 14-17(b) (which is a B1 felony) and N.C.G.S. § 14-17(b)(1) (which is a B2 felony). The version of Second Degree Murder that is a B2 felony is punished less severely than the B1 felony version, because under the B2 felony statute "the malice necessary to prove second degree murder is based on an inherently dangerous act" that is done "recklessly." While "reckless" Second-Degree Murder is often reserved for DWI cases that result in a death, we persuaded the State to allow our client to plead under that statute. Ultimately our client avoided a LIFE sentence and can expect to be released from prison in his early thirties.
    • Charges: First Degree Murder, N.C.G.S. § 14-17Facing: Mandatory LIFE sentenceResult: Not Guilty.State v. B.S.: Our client was indicted for First Degree Murder for his alleged role in a drive-by shooting that lead to the death of the victim. Prior to trial, we filed several motions in limine to prevent the State from introducing evidence regarding our client's alleged gang affiliations and past criminal activity. At trial, the State presented video footage and multiple witnesses who testified that our client was the driver of the suspect vehicle. At the time of the incident, our client was subject to "ankle monitoring" which placed him at the scene of the crime at the time of the shooting. Ultimately, the jury returned a verdict of Not Guilty.
    • Accusation: First Degree Murder and Concealment of DeathFacing: LIFEResult: 60 to 84 months in prison.State v. I.R.: Our client was accused of murder and concealing death based on narcotics that he allegedly provided to an overdose victim. After obtaining court funding to hire one of the preeminent experts in toxicology in the State, we were able to show that the State’s case was not as strong as it initially looked, particularly on the issue of causation. We argued that the drugs allegedly provided by our client were not chemically the same as the drug that was the major contributing factor to death. Through investigation, we were also able to determine that the alleged victim had a long history of drug abuse leading up to the date of death. Ultimately we were able to work out a plea deal that allowed our client to argue for a 58 month prison term for involuntary manslaughter and concealment of death. At sentencing, the Court imposed a sentence that was only 2 months above the legal mandatory minimum. In short, although our client was facing LIFE, he will likely be released from prison after serving only 5 years.
    • Charges: Robbery with a Dangerous Weapon, N.C.G.S. § 14-87.Facing: 160 to 204 months in prison.Results: Charges were dismissed.State v. R.J.: Our client was accused of stealing over $70,000 in cash and jewelry worth more than $15,000 while wielding a semi-automatic pistol. Even though our client had a lengthy arrest record, including a prior assault on a female conviction, the State ultimately dismissed the charges against R.J.
    • Charges: Common Law Robbery, N.C.G.S. § 14-87.1Facing: 31-47 months.Result: 24 months probation with 7 days in jail.State v. A.K.: Our client robbed a local bank with a BB pistol, and stole over $30,000 from the bank as a result of the offense. After being detained, our client confessed to the robbery. Initially, no plea offer was tendered by the State. The firm then began to obtain our client's psychiatric records, which revealed that our client was suffering from mental health disorders. Upon discussing the medical records with the State, the District Attorney's Office agreed to allow our client to plead to the reduced charge of larceny. The common law robbery charge was dismissed. For robbing a bank with a mock-pistol, our client received 7 days in jail and probation.
    • ACCUSATION:- Domestic Violence/AbuseNorth Carolina v. K.M. - Our client was under investigation for Domestic Violence and Abuse after his wife accused him of forceful anal intercourse. We gathered information and were able to show that our client's wife's motive was to avoid deportation. After one meeting, we convinced the State not to file charges against our client.
    • Accusation: Assault on a Law Enforcement Officer Inflicting Serious Injury, N.C.G.S. § 14-34.7.Facing: 59 months in prison.Result: Case Dismissed by Court after Successful Motion to Dismiss for Selective Enforcement/Racial DiscriminationState v. S.S.: Our client was at a park with her spouse and was detained by law enforcement for trespassing. During the detention, our client defended herself against an officer who was attempting to tackle her. In the process of the self-defense, our client allegedly inflicted serious injury on the officer. Although our client was trespassing, so were many other people at the park who were not detained. The only distinction between our client and those other individuals who were not detained was the color of their skin. We filed a pre-pretrial motion to dismiss for selective prosecution (racial discrimination). After a hearing where we pointed out many inconsistencies with the officers’ testimony, the Court ultimately granted our motion to dismiss and threw-out the felony assault case against our client.
    • CHARGES:- Statutory Sexual Offense of Person Who Is 13, 14, or 15 Years Old (N.C.G.S. § 14-27.7A)- First Degree Statutory Sexual Offense (Child Under 13) (2 Counts) (N.C.G.S. § 14-27.4(a)(1))- Statutory Rape of Person Who Is 13, 14, or 15 Years Old (N.C.G.S. § 14.27.7A)- Indecent Liberties with a Child (4 Counts) (N.C.G.S. § 14-202.1)North Carolina v. J.B. - Our client was indicted on multiple felony charges as a result of allegations that he was having a sexual relationship with his daughter. Despite his admission to counselors, we were able to negotiate a dismissal of the four class B1 felonies and our client pled guilty to the four counts of Indecent Liberties with a Child. He received 32-40 months in prison followed by 60 months of supervised probation and a suspended sentence of 32-40 months.
    • Plea to Misdemeanor Time Served; Avoided Federal Prosecution Charges/Accusations: 8 Counts of Felony Obtaining Property by False Pretenses, Financial Card Fraud, & Identity Theft in State Court; Federal Investigation for Access Device Fraud and Aggravated Identity Theft Facing: 153 Months in NC Department of Corrections on State Charges; up to 22 Years if Indicted Federally Result: Plea to Misdemeanor with time served on State Charges and avoided Federal prosecution North Carolina v. E.D.: Our client was the subject of a large-scale federal investigation by the United States Secret Service for identity theft crimes in North Carolina and several other states. Our firm dedicated multiple attorneys to this complex financial crime case and ultimately brokered a plea resolution involving the district attorneys of two North Carolina counties as well as the US Attorney's Office - a deal which ultimately allowed our client to avoid prison time and any felony convictions as well as avoiding federal prosecution.
    • ACCUSATION:- Sexual Offense with a Child (N.C.G.S. § 14-27.4A)North Carolina v. G.S. - Our client was under investigation after he was accused of sexually touching two of his ex-girlfriend's children. After conducting our own investigation, we were able to show that the children's biological father was a previously convicted sex offender and the likely perpetrator. As a result, the State decided not to file charges against our client.
    • Probation Accusation: Making False Statements to Obtain Federal Worker's Compensation Benefits, 18 U.S.C. § 1920. Facing: Five years Result: Probation United States v. L.F.: Our client received federal worker's compensation benefits for an injury he sustained while working for the government. While receiving benefits, the client also participated in the day-to-day operations of a family farm. Federal agents covertly placed a camera near the farm and captured the client performing work. However, when asked by the government to confirm his work status on a standard government benefits form (CA-1032), our client answered "no" to the question "were you self-employed or involved in any business enterprise." For our client's offense, the government and the United States Sentencing Guidelines recommended a sentence of 10 to 16 months in prison. However, after presenting a number of mitigating factors to the Court, our client received a sentence of only probation.
    • Dismissed Charges: Larceny by Employee (N.C.G.S. § 14-74), Embezzlement (N.C.G.S. § 14-90), Larceny of Motor Vehicle (N.C.G.S. § 14-72), and Obtain Property by False Pretense (N.C.G.S. § 14-100) Facing: 24-68 months Result: Dismissed North Carolina v. M.R. - Our client was accused of stealing materials and supplies from the construction company he worked for. We challenged each charge and the Assistant District Attorney dismissed the case because of insufficient evidence.
    • Dismissal of Felony Trafficking Charge in Exchange for Plea to Two Counts of Misdemeanor Charges Accusation: Felony Level I Trafficking in Heroin, N.C.G.S. § 90-95(h); Simple Possession of Schedule VI (Marijuana) and Schedule IV (Xanax), N.C.G.S. § 90-95(d)(2) and (4). Facing: Mandatory Minimum Sentence of 70 to 93 Months in Prison, and a Mandatory $50,000 Fine, for Trafficking Heroin; Followed by Sentences of 120 and 20 days for Simple Possession. Result: Dismissal of the Felony Trafficking Charge in Exchange for Plea to Two Counts of Misdemeanor Simple Possession; Client Received Probation. State v. R.M.: Our client was caught at a traffic checkpoint with a trafficking quantity of heroin. Our client was also found to be in possession of Xanax and Marijuana. When he requested and received a copy of the checkpoint plan that police used to conduct the checkpoint at issue, we realized that the plan had major problems from a constitutional standpoint. Therefore, we prepared a motion to suppress, provided it to the prosecutor’s office, and advised that our client would be filing and arguing the motion unless a favorable resolution could be reached prior to trial. In essence, our motion, if granted, would "throw-out" any evidence found on our client as a result of his stop at the unconstitutional checkpoint. Appreciating the strength of our motion, the district attorney agreed to allow our client to plead guilty to misdemeanors, even though he faced a mandatory minimum of well over 5 years in prison for the felony heroin trafficking charge alone.
    • Probation Accusation: Three Counts of Trafficking in Cocaine over 400 grams, N.C.G.S. § 90-95. Facing: Mandatory Minimum of 175 months in Prison on Each Count. Result: Probation. State v. R.P.: Our client was accused of trafficking kilogram quantities of cocaine. The State’s evidence including recordings, phone dumps for many phones, DEA Investigative Reports, and surveillance. Our client entered into a plea deal that allowed us to argue for probation, despite the large quantities of narcotics involved in the case. Given our client’s work history and otherwise clean record, we successfully convinced the Court to sentence our trafficking client to only probation.
    • Case Dismissed Accusation: Possession of Heroin, in violation of N.C.G.S. § 90-95(D)(1), PWIMSD Heroin, in violation of N.C.G.S. § 90-95(A)(1), Trafficking Opium or Heroin, in violation of N.C.G.S. § 90-95(H)(4), Maintaining a Vehicle/Dwelling/Place Controlled Substance, in violation of N.C.G.S. § 90-108(A)(7), Possession of a Stolen Firearm, in violation of N.C.G.S. § 14-71.1, Misdemeanor Possession of Marijuana up to 1/2 oz, in violation of N.C.G.S. § 90-95(D)(4), Misdemeanor Possession of Marijuana Paraphernalia, in violation of N.C.G.S. § 90-113.22A, and Possession of Firearm by Felon, in violation of N.C.G.S. § 14-415.1. Facing: Mandatory 70 to 93 months incarceration for trafficking; plus 126 months in prison for the remaining charges Result: Case Dismissed after Successful Motion to Suppress State v. Q.W.: Our client was accused of drug trafficking and many related offenses. The State built their case based on confidential informants and a search warrant for our client’s alleged stash house. After reviewing the search warrant, we filed a motion to suppress due to many legal insufficiencies in the warrant. For example, we believed that the informants relied on in the warrant were unreliable. We also felt that although the investigation of our client involved controlled buys, the details of those buys were insufficiently summarized in warrant. Ultimately, the Court agreed and found that the search warrant in our client’s case was not supported by probable cause, as a result, all charges were dismissed by the State.
    • Dismissed Charge: DWI (N.C.G.S. § 20-138.1) Facing: 2 months Result: Dismissed North Carolina v. H.C. - Our client was charged with a DWI after blowing a .10 on the EC-IR II. We filed a pre-trial motion to suppress based on the lack of reasonable suspicion to stop our client. The motion was granted and the DWI charge was dismissed. Supervised probation with a suspended sentence of 51-74 months Charges: Felony Death by Vehicle (N.C.G.S. § 20-141.4), and DWI (N.C.G.S. § 20-138.1) Facing: 64-91 months Result: Supervised probation with a suspended sentence of 51-74 months North Carolina v. R.H. - Our client hit and killed a motorist when he was driving while impaired. He blew a .23 on the EC-IR II. Our client pled guilty to Felony Death by Vehicle. At sentencing, we successfully argued for a probationary sentence. Our client received 48 months of supervised probation with a suspended sentence of 51-74 months.
    • Dismissed Charge: DWI (N.C.G.S. § 20-138.1) Facing: 2 months Result: Dismissed North Carolina v. B.R. - Our client was charged with a DWI after blowing a .08 on the EC-IR II. We filed a pre-trial motion to dismiss based on an unconstitutional driver's license checkpoint. The DWI charge was dismissed.
    • Probation Charge: Conspiracy to Commit Mail, Wire, and Bank Fraud (18 U.S.C. § 371) Facing: 5 years Result: Probation United States of America v. R.F. - Our client was a public official who falsified paperwork to maintain eligibility for government benefits and was facing up to 5 years in prison. The Presentence Investigation Report stated the guideline imprisonment range was 60 months. We argued that prison time was not necessary in light of our client's role in the community and her history of good behavior. The Judge sentenced our client to 3 years of probation.
    • Deferred Prosecution Charges: Conspiracy to Commit Wire Fraud (18 U.S.C. § 1349), and Wire Fraud; Aiding and Abetting (18 U.S.C. §§ 2, 1343) Facing: 40 years Result: Deferred Prosecution United States of America v. K.M. - Our client was accused of preparing fake documents to assist straw buyers in committing mortgage fraud in violation of federal law. We argued and successfully persuaded the Assistant United States Attorney to defer prosecution.
    • Dismissal/Negotiated Plea Charges: Common Law Robbery, N.C.G.S. § 14-87.1 Facing: 31-47 months. Result: 24 months probation with 7 days in jail. State v. A.K.: Our client robbed a local bank with a BB pistol, and stole over $30,000 from the bank as a result of the offense. After being detained, our client confessed to the robbery. Initially, no plea offer was tendered by the State. The firm then began to obtain our client's psychiatric records, which revealed that our client was suffering from mental health disorders. Upon discussing the medical records with the State, the District Attorney's Office agreed to allow our client to plead to the reduced charge of larceny. The common law robbery charge was dismissed. For robbing a bank with a mock-pistol, our client received 7 days in jail and probation.
    • Negotiated Plea Charges: First Degree Murder, N.C.G.S. § 14-17, Robbery with a Dangerous Weapon, N.C.G.S. § 14-87 Facing: mandatory LIFE sentence, plus 160 to 204 months Result: 144 months to 185 months. State v. J.G.: The State had compelling evidence that our client set up a drug deal that directly lead to the robbery/murder of a young man. We persuaded the State to reduce the charges to Second Degree Murder. In North Carolina, there are two types of Second Degree Murder, N.C.G.S. § 14-17(b) (which is a B1 felony) and N.C.G.S. § 14-17(b)(1) (which is a B2 felony). The version of Second Degree Murder that is a B2 felony is punished less severely than the B1 felony version, because under the B2 felony statute "the malice necessary to prove second degree murder is based on an inherently dangerous act" that is done "recklessly." While "reckless" Second-Degree Murder is often reserved for DWI cases that result in a death, we persuaded the State to allow our client to plead under that statute. Ultimately our client avoided a LIFE sentence and can expect to be released from prison in his early thirties.
    • Not Guilty Charges: First Degree Murder, N.C.G.S. § 14-17 Facing: Mandatory LIFE sentence Result: Not Guilty. State v. B.S.: Our client was indicted for First Degree Murder for his alleged role in a drive-by shooting that lead to the death of the victim. Prior to trial, we filed several motions in limine to prevent the State from introducing evidence regarding our client's alleged gang affiliations and past criminal activity. At trial, the State presented video footage and multiple witnesses who testified that our client was the driver of the suspect vehicle. At the time of the incident, our client was subject to "ankle monitoring" which placed him at the scene of the crime at the time of the shooting. Ultimately, the jury returned a verdict of Not Guilty.
    • Negotiated Plea Accusation: First Degree Murder and Concealment of Death Facing: LIFE Result: 60 to 84 months in prison. State v. I.R.: Our client was accused of murder and concealing death based on narcotics that he allegedly provided to an overdose victim. After obtaining court funding to hire one of the preeminent experts in toxicology in the State, we were able to show that the State’s case was not as strong as it initially looked, particularly on the issue of causation. We argued that the drugs allegedly provided by our client were not chemically the same as the drug that was the major contributing factor to death. Through investigation, we were also able to determine that the alleged victim had a long history of drug abuse leading up to the date of death. Ultimately we were able to work out a plea deal that allowed our client to argue for a 58 month prison term for involuntary manslaughter and concealment of death. At sentencing, the Court imposed a sentence that was only 2 months above the legal mandatory minimum. In short, although our client was facing LIFE, he will likely be released from prison after serving only 5 years.
    • Dismissal Charges: Robbery with a Dangerous Weapon, N.C.G.S. § 14-87. Facing: 160 to 204 months in prison. Results: Charges were dismissed. State v. R.J.: Our client was accused of stealing over $70,000 in cash and jewelry worth more than $15,000 while wielding a semi-automatic pistol. Even though our client had a lengthy arrest record, including a prior assault on a female conviction, the State ultimately dismissed the charges against R.J.
    • Case Dismissed Accusation: Assault on a Law Enforcement Officer Inflicting Serious Injury, N.C.G.S. § 14-34.7. Facing: 59 months in prison. Result: Case Dismissed by Court after Successful Motion to Dismiss for Selective Enforcement/Racial Discrimination State v. S.S.: Our client was at a park with her spouse and was detained by law enforcement for trespassing. During the detention, our client defended herself against an officer who was attempting to tackle her. In the process of the self-defense, our client allegedly inflicted serious injury on the officer. Although our client was trespassing, so were many other people at the park who were not detained. The only distinction between our client and those other individuals who were not detained was the color of their skin. We filed a pre-pretrial motion to dismiss for selective prosecution (racial discrimination). After a hearing where we pointed out many inconsistencies with the officers’ testimony, the Court ultimately granted our motion to dismiss and threw-out the felony assault case against our client.
    • No Charges Filed ACCUSATION: - Domestic Violence/Abuse North Carolina v. K.M. - Our client was under investigation for Domestic Violence and Abuse after his wife accused him of forceful anal intercourse. We gathered information and were able to show that our client's wife's motive was to avoid deportation. After one meeting, we convinced the State not to file charges against our client.
    • No Charges Filed ACCUSATION: - Sexual Offense with a Child (N.C.G.S. § 14-27.4A) North Carolina v. G.S. - Our client was under investigation after he was accused of sexually touching two of his ex-girlfriend's children. After conducting our own investigation, we were able to show that the children's biological father was a previously convicted sex offender and the likely perpetrator. As a result, the State decided not to file charges against our client. Dismissal/Negotiated Plea/Probation
    • CHARGES: - Statutory Sexual Offense of Person Who Is 13, 14, or 15 Years Old (N.C.G.S. § 14-27.7A) - First Degree Statutory Sexual Offense (Child Under 13) (2 Counts) (N.C.G.S. § 14-27.4(a)(1)) - Statutory Rape of Person Who Is 13, 14, or 15 Years Old (N.C.G.S. § 14.27.7A) - Indecent Liberties with a Child (4 Counts) (N.C.G.S. § 14-202.1) North Carolina v. J.B. - Our client was indicted on multiple felony charges as a result of allegations that he was having a sexual relationship with his daughter. Despite his admission to counselors, we were able to negotiate a dismissal of the four class B1 felonies and our client pled guilty to the four counts of Indecent Liberties with a Child. He received 32-40 months in prison followed by 60 months of supervised probation and a suspended sentence of 32-40 months.

    Educational Background:

    • Johns Hopkins University, Baltimore, Maryland, B.A. in Engineering, 1997, 1997
    • Gerry Spence's Trial Lawyers College - Graduate, 2010
    • National Criminal Defense College - Graduated from the Trial Practice Institute., 2011
    • White Collar Criminal Defense College - Graduate, 2013

    Industry Groups

    • Criminal Defense
    • DWI
    • White Collar Defense
    Office Location for A. Patrick Roberts

    203 W. Millbrook Road
    Suite 200
    Raleigh, NC 27609

    Phone: 919-838-6643

    Fax: 919-573-0774

    A. Patrick Roberts:

    Last Updated: 4/23/2019

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