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Criminal Defense Clinic

The Criminal Defense Clinic aims to provide high-quality legal service to community members who cannot afford to hire an attorney to represent them in misdemeanor criminal court proceedings or to provide legal advice about expungements and other criminal record relief. Upper-level law students receive in-depth training and a supportive environment so they can work under the supervision of faculty members to provide the representation, advice, and respect that all of their clients deserve.

Students

After receiving a full semester of intensive training on North Carolina’s criminal procedure and defense practice, students in this clinic have the opportunity to handle all aspects of misdemeanor criminal representation. Under the supervision of experienced criminal defense attorneys, students interview and counsel their clients, conduct pretrial investigations, research and prepare for any necessary motions, negotiate with opposing counsel, prepare for trials, and handle all court appearances for their assigned cases. Supervising attorneys are available at all times to provide ideas and guidance as needed.

Through the work they perform in this clinic, students learn to process information quickly, to develop strong legal and factual arguments, to think strategically about their cases, to manage relationships with clients and court personnel, and to present themselves confidently and competently in court. At the same time, students in this clinic are reminded daily of the importance of dedicated, knowledgeable, and professional counsel in furthering the cause of justice for those who have been accused of a crime.

Potential Clients and Community Partners

The majority of our cases are referred from the Durham County Public Defender’s Office. On the first court date, if a judge approves a request for a public defender, the Durham Public Defender’s Office may assign the clinic to handle the case. On a limited basis, the clinic will accept Durham cases in which a judge has determined that an individual does not qualify for a court-appointed attorney because the person does not face any jail time. For those who wish to have clinic representation in that situation, they must complete a financial eligibility form for misdemeanors and submit it for consideration. Call the Legal Clinic at 919-530-7166 to obtain the form.

The Criminal Defense Clinic often partners with or receives referrals from the Durham Expunction and Restoration Program (DEAR), the Durham office of Legal Aid of North Carolina, Inc., and other agencies. The clinic accepts a limited number of referrals to provide either full representation or assistance through an expungement advice clinic in the spring semester. For those who need legal assistance of this nature, contact the Legal Clinic at 919-530-7166 to complete the financial eligibility form for expungement services.

After receiving intensive training in the fall, students enrolled in the Criminal Defense Clinic may complete their spring course requirements by working as externs in any public defender office. Public defender offices who are in need of interns for any spring semester should contact the clinic’s supervising attorney to ensure that trained clinic students are notified of the work opportunity.