Kevin M. Marcilliat

Attorney Profile

Top Rated Criminal Defense Attorney in Wilmington, NC

Roberts Law Group, PLLC
 | 414 Chestnut St, Suite 303
Wilmington, NC 28401
Phone: 877-880-5753
Fax: 919-573-0774
Selected To Rising Stars: 2019 - 2020
Licensed Since: 2012
Practice Areas:
  • Criminal Defense
Attorney Profile

Attorney Kevin M. Marcilliat is a partner with the Roberts Law Group, PLLC, which has law offices across North Carolina. Working out of the firm’s Raleigh location, Mr. Marcilliat focuses his entire practice on criminal defense, and he represents clients in the Raleigh and Wilmington regions and all of North Carolina’s 100 counties, as well as before federal courts throughout the state and the country.

Widely regarded as one of the leading criminal defense attorneys in his region, Mr. Marcilliat has achieved notable success advocating on behalf of his clients who have been arrested or are under investigation for virtually any type of felony or misdemeanor offense, including assault and battery, criminal domestic violence, fraud, drug and alcohol violations, false accusations, motor vehicle offenses, murder, sex offenses, tax evasion, theft, traffic violations and more.

From his extensive trial experience and exceptional knowledge of criminal law, Mr. Marcilliat has secured many dismissals, acquittals and not guilty verdicts for those he has served, and he has represented the rights and liberties of numerous high-profile, high-caliber clients, including health care providers charged with a range of white collar crimes. He is extremely passionate about the law and presenting the strongest case possible for his clients in court, and he also offers effective expungement services to help his clients seal their criminal records from public view.

A 2009 cum laude graduate of Auburn University, Mr. Marcilliat obtained his Juris Doctor from Campbell University Norman Adrian Wiggins School of Law in 2012, graduating Order of Old Kivett. While in law school, he took 10th place and received Best Advocate recognition in the ABA National Appellate Advocacy Competition in 2012, and he was a finalist and Best Brief winner in the 2010 Richard A. Lord Moot Court Competition.

Active in his legal community, Mr. Marcilliat is a member of the North Carolina Bar Association, the North Carolina Advocates for Justice, the North Carolina State Bar, the Wake County Bar Association and the Tenth Judicial District Bar. Recognized for his impeccable professionalism and service, he holds Superb ratings on Avvo for criminal defense, and The National Trial Lawyers has voted him among the country’s Top 100 Trial Lawyers.

 
Practice Areas
Lawyer Practice Area Pie Chart

Criminal Defense (100%): Assault & Battery, Criminal Fraud, Criminal Law, Drug & Alcohol Violations, Expungement, False Accusations, Felony, Misdemeanor, Motor Vehicle Offenses, Murder, Sex Offenses, Tax Evasion, Theft, Traffic Violations, Criminal Domestic Violence

Focus Areas

Assault & Battery, Criminal Fraud, Criminal Law, Drug & Alcohol Violations, Expungement, False Accusations, Felony, Misdemeanor, Motor Vehicle Offenses, Murder, Sex Offenses, Tax Evasion, Theft, Traffic Violations, Criminal Domestic Violence

Selections

top-imageSelected to Rising Stars for 2 years

Rising Stars: 2019 - 2020

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About Kevin Marcilliat

Admitted: 2012, North Carolina

Professional Webpage: https://www.robertslawteam.com/Attorney-Profiles/Kevin-Marci...

Honors/Awards:

  • Selected as one of the top 2.5% of candidates in the state, under the age of 40., Super Lawyers Rising Star, Super Lawyers, 2019
  • Such awards are given to top-tier, legal professionals who receive five or more 4 or 5 star Avvo reviews within a single year. Avvo ratings are indicative of a lawyer’s experience, professionalism, and background. , Clients' Choice Award, Avvo, 2018
  • Top 100 Trial Lawyer, The National Trial Lawyers, 2017
  • Client Choice Award, Avvo, 2016
  • Client Choice Award, Avvo, 2015
  • Client Choice Award, Avvo, 2014
  • Awarded for excellence in appellate advocacy competitions as a member of the law school's moot court team, Order of Old Kivett, Campbell Law School, 2012
  • Richard A. Lord Moot Court Competition: Finalist and Best Brief, 2010
  • ABA National Appellate Advocacy Competition, NY Regional: Best Advocate, 10th Place, 2012

Bar/Professional Activity:

  • North Carolina Dispute Commission, Commissioner - In 2016, I was appointed by North Carolina Governor Pat McCrory to serve a 3 year term as a Commissioner on the North Carolina Dipsute Resolution Commission, a body which regulates all certified mediators in the North Carolina court system, 2016
  • U.S. District Court Eastern District of North Carolina, 2014
  • North Carolina State Bar
  • U.S. District Court Western District of North Carolina, 2013
  • North Carolina Advocates for Justice, Member, 2012 - Present
  • 10th Judicial District Bar Association
  • North Carolina, 2012
  • North Carolina Bar Association, Member, 2012 - Present
  • Wake County Bar Association

Verdicts/Settlements:

  • Charges: (F) Possession Firearm by Felon; Possession with Intent to Sell/Deliver Marijuana; Possession with Intent to Sell/Deliver CocaineFacing: 83-112 months on the Gun charge alone if indicted as a Habitual FelonResult: Probation; Gun charge dismissedNorth Carolina v. R.B.: Our client was arrested in a small county in Eastern North Carolina after police raided a residence with a search warrant and located large amounts of marijuana, cocaine, and a firearm. At the time our client retained our office to represent him, he had previously received a plea offer to plead guilty to the Possession of Firearm by Felon charge, under which he would have received a lengthy active prison sentence. After conducting a thorough review of the evidence and pointing out flaws in the State's case, we secured the dismissal of the Firearm by Felon charge and secured probation with no active time., 2017
  • Charges: Felony Breaking/Entering and Felony Larceny After B&E (N.C.G.S. § 14-72)Facing: 12-34 Months in PrisonResult: DismissedNorth Carolina vs. R.B. - Our client, who had separated from her husband but was not yet divorced, was accused of entering her husband's car using a key still in her possession and "stealing" items that were arguably marital property for the benefit of the couple's children. After successfully arguing to the prosecutor that the actions of our client were not illegal, the charges were dismissed., 2017
  • Charge: Felony 1st Degree Burglary, 2 Counts Assault Government Official, Larceny, Consume Alcohol <21, Carrying Concealed Weapon, and Simple Possession Marijuana (Juvenile Court)Facing: Juvenile Detention until 19th BirthdayResult: Plea to 2nd Degree Burglary with ProbationNorth Carolina v. D.P.M.: Our client was only 15 years old when he was caught by police in a severely intoxicated state after breaking into an occupied residence at night and stealing a flat screen TV among other items. Given that he was already on juvenile probation at the time of the offense, our client faced a very real possibility of a juvenile court judge separating him from his family and committing him to a juvenile detention facility. Over a period of almost 6 months while the case was pending, our firm continuously worked to help restore the client's reputation by helping him and his family gain access to appropriate community resources, which ultimately led to a marked improvement in the client's school attendance, grades, and respect for his parents' rules. As a result, the District Attorney's Office agreed to allow the client to plead to a reduced charge, and our firm successfully argued over the course of two dispositional hearings that the client should receive juvenile probation rather than detention., 2017
  • Accusation: Discharge of Firearm; Injury to Personal/Real Property; Carrying Concealed WeaponFacing: 60 days in Jail and Possible Loss of Job if ChargedResult: No Charges Filed and Civil SettlementNorth Carolina v. R.H.: Our client had potential civil liability and was the subject of an investigation by law enforcement after he unintentionally discharged his open-carry pistol after reaching for it during a fight in a local restaurant. Our firm acted quickly to communicate with the assigned detective and the attorneys for the restaurant chain. We negotiated a civil settlement that allowed the client to avoid any criminal charges and settled any potential civil liability that he may have had for the damage to the restaurant., 2017
  • Charge: Felony EmbezzlementFacing: 6-17 Months in Prison and Status as a Convicted FelonResult: Charge DismissedNorth Carolina v. J.S.: Our client, who was a high-level employee for a major retailer, was falsely accused of embezzling merchandise from her company totaling more than $15,000. After reviewing the State's evidence and determining that there were multiple deficiencies in the police investigation, our firm performed an independent investigation of the facts that led to the discovery of a key defense witness whose testimony completely exonerated our client of any wrongdoing. Upon presenting this witness' sworn testimony to the assigned prosecutor, all charges against our client were promptly dismissed., 2017
  • CHARGES:- Misdemeanor Sexual Battery (N.C.G.S. § 14-27.5A)- Misdemeanor Breaking & EnteringNorth Carolina vs. R.C. - Our client, who had no criminal record, was accused of breaking into a neighbor's home and sexually assaulting her. The allegations, if proven in their entirety, would have required a judge to place our client on the sex offender registry for up to 30 years, as well as the potential for jail time. After pointing out serious flaws in the State's case, our client was allowed to plead guilty to Misdemeanor Assault on a Female, which meant he would not be placed on the sex offender registry. Also, the Breaking and Entering charge was dismissed, and the client was sentenced to Unsupervised Probation., 2017
  • Charges: Attempted Robbery with a Dangerous Weapon (N.C. Gen. Stat. 14-87)Facing: 25-42 Months in PrisonResult: Charge DismissedNorth Carolina v. Q.M.: Our client, who was only 17 years old at the time of the alleged offense, was charged with participating in an armed robbery of an illegal gambling house in an incident where one of the co-defendants was charged with murder in the death of a co-conspirator while fleeing the scene. After presenting persuasive evidence that our client was an unwitting participant in a scheme that he never agreed to join in, all charges were dismissed against our client by the responsible Assistant District Attorney., 2017
  • Charges: Driving While Impaired Facing: 60 Days in Jail; 1 year license revocation; possible deportation from the United States Result: Jury Verdict of Not Guilty on all counts My client, who was living and working lawfully in the United States on a temporary work visa, was charged with DWI and Reckless Driving after a vehicle occupied by he and his fiancé collided with a tree near the client's mother's apartment complex. The police, who arrived over an hour after the accident occurred and after the car had been moved to another location, took the statement of my client that he was driving the car and was alone at the time of the accident. The client failed standardized field sobriety tests (SFST's) and blew 0.14 g/210 L on a post-arrest breath test - almost twice the legal limit of .08. At trial, we presented compelling evidence that our client was not actually the person driving the car, and the jury agreed - returning a unanimous NOT GUILTY verdict on all counts after only 6 minutes of deliberations., 2017
  • Accusation: Felony Obtaining Property by False Pretenses > $100,000; Mortgage Fraud Facing: 73-100 Months in Prison Result: Probation State v. K.A.O.  Our client, a settlement agent for real estate closings, was accused of fraudulently obtaining more than $500,000 when the funds for two real estate closings went missing, resulting in a massive civil suit and a criminal prosecution that lasted over three years.  At the time we were retained on the case, the prosecution's plea offer to our client's former attorney was to plead guilty as charged and receive at least five years in prison.  After retaining an expert in foresnic accounting and thoroughly dissecting the extreme flaws in the state's case, the prosecution ultimately dismissed the Class C felony charge and allowed our client to plead guilty to a low level felony and receive probation with no jail time., 2017
  • Charge: Felony Embezzlement Facing: 6-17 Months in Prison and Status as a Convicted Felon Result: Charge Dismissed North Carolina v. J.S.: Our client, who was a high-level employee for a major retailer, was falsely accused of embezzling merchandise from her company totaling more than $15,000. After reviewing the State's evidence and determining that there were multiple deficiencies in the police investigation, our firm performed an independent investigation of the facts that led to the discovery of a key defense witness whose testimony completely exonerated our client of any wrongdoing. Upon presenting this witness' sworn testimony to the assigned prosecutor, all charges against our client were promptly dismissed., 2017
  • Accusation: Assault on a Female, Injury to Personal Property, and Civil Complaint for 50B Domestic Violence Protective Order (DVPO) (N.C.G.S. 14-33; N.C.G.S. 14-160; N.C.G.S. 50B-1)Facing: 120 Days in Jail and entry of 50B civil restraining orderResult: All charges dismissedNorth Carolina vs. C.J.: Our client was accused of assaulting his girlfriend during a heated argument, leading to Assault charges and a civil suit for a DVPO. After successful discussions with the District Attorney and the Plaintiff’s attorney, all charges were dismissed against our client., 2016
  • 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., 2016
  • Accusation: Common Law Robbery, Communicating Threats, and Assault on a Female (N.C.G.S. 14-87.1; N.C.G.S. 14-33)Facing: 13-25 Months (on Robbery charge) plus 60 days (for Assault on a Female charge)Result: Not GuiltyState v. M.K.: Our client was accused of running his girlfriend's car off the road, smashing out her window, and taking property from her car. After pointing out serious flaws in the State's case, the prosecution decided to dismiss the felony common law robbery and communicating threats charges, and we proceeded to trial on the only remaining charge - Assault on a Female. At trial, our client was found not guilty after we successfully argued that his actions did not meet the legal definition of Assault., 2016
  • Accusation: Assault on a Female and Civil Complaint for 50B Domestic Violence Protective Order (DVPO) (N.C.G.S. 14-33; N.C.G.S. 50B-1)Facing: 60 days in jail and entry of 50B civil restraining orderResult: All charges dismissed after entry of consent judgment regarding child custodyState v. J.S.: Our client, who was employed as a Corrections Officer with his entire career on the line, was falsely accused by his ex-wife of Assault, resulting in both criminal charges and a civil suit for a 50B Domestic Violence Protective Order. After pointing out major discrepancies in the plaintiff’s story, we were able to successfully negotiate the dismissal of the criminal charges with the District Attorney and the 50B with the Plaintiff’s attorney. Additionally, we were able to craft a civil no-contact order and temporary child custody order to resolve the couple’s ongoing child custody dispute, saving our client’s career as a Corrections Officer., 2016
  • Charges: Misdemeanor Death by Vehicle (N.C. Gen. Stat. 20-141.4(a2)) & Infraction Failure to YieldFacing: 60 Days in Jail and 1 Year Revocation of Driver's LicenseResult: Prayer for Judgment Continued (PJC)North Carolina v. J.G.: Our client was charged with the Class A1 offense of Misdemeanor Death by Motor Vehicle after he failed to yield on a left turn and collided with an oncoming motorcycle, ultimately resulting in the death of the motorcycle rider. We demonstrated to the Court that our client had a spotless driving history, had absolutely no bad intent whatsoever, and he never saw the oncoming motorcycle as he turned directly into the setting sun during his evening commute home from work. The judge granted our client a PJC, saving his privilege to drive and resulting in no punishment., 2016
  • Charges: (2 Counts) Trafficking 28 Grams or More of Heroin, N.C. Gen. Stat. 90-95(h)(4); Sale or Delivery of a Schedule I Controlled Substance, N.C. Gen. Stat. 90-95(a)(1)Facing: Mandatory Minimum Sentence of approximately 19 Years on each Level III Heroin Trafficking chargeResult: All Charges DismissedNorth Carolina v. M.R.: Our client was arrested and charged with the most serious drug trafficking charges that exist under North Carolina law - multiple counts of Level III Heroin Trafficking - after she was apprehended at Raleigh-Durham International Airport (RDU) with what police and federal agents described as 582 grams of heroin (over 1 pound). After gaining access to a key lab report that showed the substance seized by law enforcement from our client was not actually heroin - or any other controlled substance - all charges against our client were dismissed., 2016
  • Charges: Driving While Impaired (N.C.G.S. § 20-138.1)Facing: 60 Days in Jail and One Year License RevocationResult: Dismissed for lack of Probable CauseNorth Carolina vs. D.D. - Our client was charged with Driving While Impaired after being pulled over by the State Highway Patrol on Glenwood Avenue in Raleigh for Speeding and blowing a 0.09 on the Intox EC/IR-II device after arrest. We filed a Motion to Dismiss for lack of Probable Cause, arguing that our client's 4th Amendment rights were violated by an illegal arrest and specifically pointing to obvious flaws in the administration of the Horizontal Gaze Nystagmus (HGN) test. The judge agreed that there was insufficient evidence of impairment and dismissed the case., 2016
  • Charges: Driving While Impaired (N.C. Gen. Stat. 20-138.1) & Reckless DrivingFacing: 60 Days in Jail; 1 Year License Revocation; Possible Adverse Immigration ConsequencesResult: Jury Verdict of Not Guilty on All CountsNorth Carolina v. G.M.: Our client, who was living and working lawfully in the United States on a temporary work visa, was charged with DWI and Reckless Driving after a vehicle occupied by he and his fiancé collided with a tree near the client's mother's apartment complex. The police, who arrived over an hour after the accident occurred and after the car had been moved to another location, took the statement of my client that he was driving the car and was alone at the time of the accident. The client failed standardized field sobriety tests (SFST's) and blew 0.14 g/210 L on a post-arrest breath test - almost twice the legal limit of .08. At trial, we presented compelling evidence that our client was not actually the person driving the car, and the jury agreed - returning a unanimous NOT GUILTY verdict on all counts after only 6 minutes of deliberations., 2016
  • Charges: Felony Assault Inflicting Serious Bodily Injury (N.C. Gen. Stat. 14-32.4)Facing: 16-32 Months in PrisonResult: Charge DismissedNorth Carolina v. R.L.: Our client was falsely accused of a serious assault in which the client's former roommate was badly beaten to the point of losing sight in one of his eyes. After spending the necessary time to track down the alleged victim, our firm secured a sworn affidavit from the alleged victim who recanted his previous statement implicating our client in the assault. As a result, the District Attorney's Office dismissed all charges against our client., 2016
  • Accusation: Common Law Robbery, Communicating Threats, and Assault on a Female Facing: 13-25 Months (on Robbery charge) plus 60 days (for Assault on a Female charge) Result: Not Guilty Verdict State v. M.K.: Our client was accused of running his girlfriend's car off the road, smashing out her window, and taking property from her car. After pointing out serious flaws in the State's case, the prosecution decided to dismiss the felony common law robbery and communicating threats charges, and we proceeded to trial on the only remaining charge - Assault on a Female. At trial, our client was found not guilty after we successfully argued that his actions did not meet the legal definition of Assault., 2016
  • Charges: Felony Possession with Intent to Sell Cocaine, (M) Possession of Marijuana, and (M) Possession of Drug Paraphernalia (N.C.G.S. § 90-95)Facing: 8-19 Months in PrisonResult: Misdemeanor plea with Unsupervised ProbationNorth Carolina vs. N.K. - Our client was involved in a narcotics buy-bust by officers with the Hertford County Sheriff's Department, who located approximately 21 grams of crack cocaine as well as more than one ounce of marijuana in our client's vehicle. After making a strong argument to the district attorney that our client's constitutional rights were violated through the use of uncorroborated tip from an informant resulting in an illegal search, all felony charges against our client were dismissed. He pled guilty to a minor misdemeanor and was sentenced to unsupervised probation, allowing him to return to his job and family in another state., 2015

Newsletters:

  • Attacking the Sentencing Guidelines in Federal Drug Cases: How Carefully Crafted PSR Objections Can Save Your Client Years, The True Bill (North Carolina Bar Association)

Educational Background:

  • Auburn University, Auburn, Alabama, B.S. in Accounting with cum laude, 2009
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Office Location for Kevin M. Marcilliat

414 Chestnut St
Suite 303
Wilmington, NC 28401

Phone: 877-880-5753

Fax: 919-573-0774

Kevin M. Marcilliat:

Last Updated: 8/23/2019

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