Kevin M. Marcilliat
Top rated Criminal Defense attorney in Wilmington, North Carolina
Marcilliat & Mills, PLLC
Practice Areas: Criminal Defense, DUI-DWI, White Collar Crimes; view more
Licensed in North Carolina since: 2012
Education: Campbell University Norman Adrian Wiggins School of Law
Selected to Rising Stars: 2019 - 2025 Call today:
919-341-1225
Free Consultation Marcilliat & Mills, PLLC
272 N Front StSuite 330
Wilmington, NC 28401 Visit website
Details
Kevin M. Marcilliat is a managing partner at Marcilliat & Mills, PLLC, a law firm that predominantly assists the residents of Raleigh, Charlotte and Wilmington, in North Carolina, with their legal issues. Solely devoted to litigation, he is well-renowned in the field for his proficiency and shrewd legal acumen. He takes on a diverse range of criminal defense cases, including, but not limited to, DUI/DWI offenses, sex crimes, felony drug charges, domestic violence, theft charges, traffic violations, assault charges and federal charges.
Mr. Marcilliat completed his undergraduate studies at Auburn University in Alabama, graduating with a B.S. degree cum laude in accounting. He went on to pursue his interest in law at Campbell University Norman Adrian Wiggins School of Law, earning his Juris Doctor degree in 2012. While at law school, he received many accolades owing to his engagements and scholastic achievements, such as securing the 10th position and being bestowed the “Best Advocate” title in the 2012 American Bar Association National Appellate Advocacy Competition. Additionally, he was a finalist and won the “Best Brief in the 2010” award at the Richard A. Lord Moot Court Competition and graduated as a member of the Old Kivett Advocacy Council.
Licensed to practice law in the state of North Carolina, Mr. Marcilliat also appears before all the state and federal courts of North Carolina and the U.S. District Courts for the Western and Eastern Districts of North Carolina. He is an active member of the North Carolina legal sphere and maintains affiliations with many prominent legal associations, such as the North Carolina Bar Association (Criminal Justice Section), the New Hanover County Bar Association, Inc., the North Carolina Advocates for Justice, the North Carolina State Bar, and the Tenth Judicial District Bar and Wake County Bar Association.
Peer-review rated AV Preeminent* through Martindale-Hubbell, Mr. Marcilliat is lauded by his clients and fellow attorneys for his high-quality legal services and sagacious representation. He is also rated “Superb” on Avvo and hosts a multitude of positive client reviews and peer endorsements on the site. Moreover, his name is mentioned in the “Top 100 Trial Lawyers” list by the National Trial Lawyers, highlighting his professionalism and commitment to achieving client satisfaction. A staunch advocate of leveling the playing field, he ensures to present the strongest case possible for his clients inside and outside of court.
*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.
Practice areas
Criminal Defense, Criminal Defense: DUI/DWI, Criminal Defense: White CollarFocus areas
Arrest & Arraignment, Assault & Battery, Criminal Domestic Violence, Criminal Fraud, Criminal Law, Criminal Law - Federal, DUI/DWI, Debt, Drug & Alcohol Violations, Expungement, Failure to Pay Child Support, False Accusations, Felony, Juvenile Delinquency, Misdemeanor, Motor Vehicle Offenses, Murder, Overdrawn Bank Account, Parole, Probation, Prosecution, Sex Offenses, Tax Evasion, Theft, Traffic Violations, White Collar Crime
- 60% Criminal Defense
- 20% Criminal Defense: DUI/DWI
- 20% Criminal Defense: White Collar
First Admitted: 2012, North Carolina
Professional Webpage: https://www.nclawteam.com/attorney-profiles/kevin-marcilliat...
Bar/Professional Activity:
- Wake County Bar Association
- 10th Judicial District Bar Association
- New Hanover County Bar Association , 2021
- 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
- North Carolina, 2012
- North Carolina Bar Association, Member, 2012 - Present
Verdicts/Settlements (Case Results):
- Charges: First Degree Murder N.C.G.S. §14-17 Facing: Mandatory life sentence Result: Charge Dismissed Case Name: Confidential per client request. Our client was charged with First Degree murder after using his concealed carry weapon to defend himself and his young child in an altercation. Despite only conducting a short investigation, police charged our client with First Degree Murder just a few hours after him. If convicted, our client would have been sentenced to life in prison. We acted quickly to point out to the District Attorney the inconsistencies in the investigation. We presented evidence that our client acted in self-defense and the District Attorney dismissed the case., 2021
- Charges: Federal Drug Conspiracy (Conspiracy to Distribute and Possess with Intent to Distribute Marijuana) Facing: Up to 5 years in Federal Prison, 250,000 fine, or both fine and imprisonment Outcome: Probation (as a result of successful motion for downward variance) Our client was indicted for being a member of a major federal marijuana conspiracy in the Eastern District of North Carolina involving hundreds of kilograms of illicit substances. After indictment the client could not be located by law enforcement and no arrest was ever made for almost 10 years. We voluntarily surrendered the client almost a decade after the fact and secured a sentence of probation, despite sentencing guidelines recommending a sentence of approximately 2 years in prison., 2020
- Charges: Felony First Degree Burglary Facing: Up to 89 Months in Prison (Class D Felony) Result: Charge Dismissed Case Name: State of NC v. A.W. Our client was charged with First Degree Burglary after she returned to a former residence she previously shared with a boyfriend to retrieve personal items. Her ex-boyfriend falsely claimed that she gained entry to the residence by force and stole personal items belonging to him. We presented evidence in the form of eye-witness testimony corroborating our client's claim that she acted lawfully, and the District Attorney dismissed the case outright without the need for deferred prosecution or a first offender program., 2020
- Charges: (F) 1st Degree Murder Facing: Life in Prison Result: All Charges Dismissed North Carolina v. B.D. Our client, an Army Veteran and concealed carry permit holder, was wrongly accused of 1st Degree Murder after he shot his aggressor in what we successfully argued was a clear act of self defense. Our client was assisting his-ex-wife in removing personal property from her residence the day after it had been burned down in an apparent act of arson by her ex-boyfriend. During this property removal, the ex showed up at the residence and made verbal threats before retrieving a tire iron from a nearby vehicle and advancing toward our client with it. Our client only fired his weapon once to disarm the aggressor and then remained on scene to attempt to render first aid while awaiting the arrival of EMS and law enforcement. Despite his calm and collected demeanor and truthful recitation of events, he was arrested for murder after a 2-hour "investigation "and jailed without bond. After 6 months of discussions with the assigned prosecutor, we secured the release of our client from jail and then the dismissal of all charges., 2019
- Charges: (F) Possession Firearm by Felon; Possession with Intent to Sell/Deliver Marijuana; Possession with Intent to Sell/Deliver Cocaine Facing: 83-112 months on the Gun charge alone if indicted as a Habitual Felony Result: Probation; Gun charge dismissed North 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 Prison Result: Dismissed North 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 Birthday Result: Plea to 2nd Degree Burglary with Probation North 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 Weapon Facing: 60 days in Jail and Possible Loss of Job if Charged Result: No Charges Filed and Civil Settlement North 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 Embezzlement Facing: 6-17 Months in Prison and Status as a Convicted Felony 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
- Charges: - Misdemeanor Sexual Battery (N.C.G.S. § 14-27.5A)- Misdemeanor Breaking & Entering North 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 Prison Result: Charge Dismissed North 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 forensic 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 order Result: All charges dismissed North 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 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., 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 Guilty 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
- 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 order Result: All charges dismissed after entry of consent judgment regarding child custody State 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 Yield Facing: 60 Days in Jail and 1 Year Revocation of Driver's License Result: 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 charge Result: All Charges Dismissed North 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 Revocation Result: Dismissed for lack of Probable Cause North 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 Driving Facing: 60 Days in Jail; 1 Year License Revocation; Possible Adverse Immigration Consequences Result: Jury Verdict of Not Guilty on All Counts North 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 Prison Result: Charge Dismissed North 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 Prison Result: Misdemeanor plea with Unsupervised Probation North 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
Honors/Awards:
- The highest peer rating standard. This is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers., AV Preeminent, Martindale Hubbell, 2022
- Selected as one of the top 2.5% of candidates in the state, under the age of 40., Super Lawyers Rising Star, Super Lawyers, 2022
- Top 100 Trial Lawyer, National Trial Lawyers, 2023
- The highest peer rating standard. This is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers., AV Preeminent, Martindale Hubbell, 2023
- Selected as one of the top 2.5% of candidates in the state, under the age of 40., Super Lawyers Rising Star, Super Lawyers, 2021
- The highest peer rating standard. This is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers., AV Preeminent, Martindale Hubbell, 2021
- 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
- Selected as one of the top 2.5% of candidates in the state, under the age of 40., Super Lawyers Rising Star, Super Lawyers, 2020
- 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, Campbell Law School, 2010
- ABA National Appellate Advocacy Competition, NY Regional: Best Advocate, 10th Place, American Bar Association, 2012
Educational Background:
- Auburn University, Auburn, Alabama, B.S., cum laude, Major- Accounting, 2009
Office location for Kevin M. Marcilliat
272 N Front St
Suite 330
Wilmington, NC 28401
Phone: 919-341-1225
Selections
7 Years Rising Stars
- Rising Stars: 2019 - 2025
