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Frequently Asked Questions



I have been convicted of a felony. Can I carry a firearm?

You cannot use or possess a firearm if you are a convicted felon. Your right to vote can be restored, but you right to bear arms cannot be restored.

How do I get somebody to investigate my case?

We hire our own investigators and recommend Jimmy Henley at www.investigativesolutions.com

Can you guarantee the results?

We guarantee we will work tirelessly in your defense and if anybody can do it, we can. If an attorney promises you results without knowing what the state can and will use against you, they may be making promises they cannot keep. It is unethical to guarantee results.

What does trafficking drugs mean?

It depends on the amount of drugs. Each controlled substance has a different amount that can be called trafficking. For example, you can be charged with drug trafficking if you have 28 grams or more of cocaine. You can also be charged with drug trafficking if you have 4 to 5 pills.

Can I get the money back the police took from me after I was charged with drugs?

You have to see a lawyer immediately in order to prevent the money from being turned over to the state/local/federal authorities.

Do I get my bond money returned?

An individual gets the bond money returned at the end of the case if he or she posted the entire bond amount with the custodial agency. If an individual pays a bondsman, he or she will not get the bond money returned.

The person who called the police does not want to prosecute? Does that mean I will not be charged?

The State of North Carolina will bring charges if a crime has occurred in front on an officer. If an officer sees an offense occurring, his testimony can convict you without the victim’s testimony.

The officer took my license when I was charged with DWI. How do I get it back?

As soon as you are charged with DWI, your license is suspended for 30 days if you blew .08 or more or if you refused. You are eligible for a limited driving privilege after 10 days, so seek legal advice immediately.

I refused the breath test. Why can’t I drive?

Your driver license is revoked for one year for refusing the breath test. Even if you are found not guilty of the DWI, your license is suspended. You are eligible for a limited driving privilege on the refusal after six month if you have taken care of the DWI. It is always a good idea to seek a lawyers advice immediately if you refuse the breath test.

Will any lawyer do?

No. You must look at experience, expertise, know how and the ability to get the job done. That is what we pride ourselves on caring about out clients and doing the best job possible.

Can I get a price quote over the phone?

We give a quote over the phone for speeding tickets and minor misdemeanors. Anything more serious than that requires a appointment in the office. The first consultation is free.

What is sobriety court?

If you are charged with DWI and get another one before the first one is disposed of or if you have had a prior DWI conviction within three years or two DWI convictions ever, then you are put in Sobriety Court.

What is an interlock?

It is the device that must be installed on your car if you are convicted of a .15 or more in a DWI case. Some refer to it as the Blow-and-Go, because you must blow into a breath test tube before your car will start. It has to be maintained for one year or you will not be able to get your driver license back.

How do I get a concealed carry permit?

You must take a course and clear a background check. We recommend

What does Possession With Intent to Sell and Deliver drugs mean?

It really doesn’t go to what you intend or intended to do with the drugs. Possession With Intent to Sell and Deliver Drugs depends on how the drugs are packaged, how much drugs you have, and any other paraphernalia you have. It doesn’t matter that your intended use for the drugs is personal.

I am in sobriety court. How do I get out?

Your DWI cases must be taken care of before you are released from Sobriety Court. The judge can put you back into sobriety court on probation.

Why should I hire you, if I can pay a bondsman?

We are experienced, knowledgeable, and passionate lawyers who will be able to assist you every step of the way. We know the law, we are familiar with the local court system, we know how to fight and defend a criminal case. When you hire a bail bondsman, all the bondsman can do for you is post the bail amount.

What is a felony?

There are two main classes of crimes in North Carolina: felonies and misdemeanors. Felony crimes are divided into ten different categories – A, B1, B2, C-I – based upon the seriousness of the offense. Examples of felonies include: Possession of Cocaine, Common Law Robbery, Possession with Intent to Sell or Deliver Marijuana, Drug Trafficking, and Robbery With a Dangerous Weapon.

Should I ask for a witness to the breath test if I am charged with DWI?

You are allowed 30 minutes to have a witness present for the test. If you know that that someone can reach you in that time, make the call.

Why do I need an interlock and how do I get it installed?

If you are convicted on a .15 or more on a DWI, it is mandatory that you have the device installed on your car and keep it there for one year. Contact Monitech, Inc. at www.monitechnc.com.

I was convicted of a felony. Can I get an expungement?

You are eligible for an expungement after 15 years provided:
1. You have maintained a good record for the 15 year period
2. The felony is not a sex offense, does not involve methamphetamines, heroin or possession with intent to sell or deliver drugs, does not involve subversive activities or poisonous stuff, and was not committed in a commercial vehicle.

How do I get bailed out of jail?

First, an individual may post cash or property with the custodial agency to cover the entire amount of the bail. Second, an individual may contact a bail bondsman. The individual pays the bail bondsman a percentage of the bond amount, and the bondsman posts the entire bond on behalf of the individual.

Why should I hire you when other lawyers are cheaper?

You get what you pay for and the cheapest is not always the best. You need to look at our credentials stacked up against other lawyers. We have experience, know how, expertise and we care about our clients.

Should I pay a bondsman to get out of jail?

Before you pay a bondsman, you should always enlist the advice of an experienced criminal defense lawyer. A lawyer may be able to arrange your release with the assistant district attorney on a reduced or unsecured bond. If the attorney is able to get your bond reduced and you are still unable to pay the entire amount, it may be essential to enlist the help of a bondsman.

Should I pay off my speeding ticket?

Absolutely not. You are pleading guilty to the speeding offense when you pay off your speeding ticket. You insurance may increase drastically, you may receive points on your license, and in some instances, you privilege to drive may be suspended.

     
 
 
Providing experienced local legal services to all residents in Cumberland County, Fayetteville and Ft. Bragg, North Carolina
Visit P. R. Moss located in Historic Downtown Fayetteville
located at 200 Dick Street Suite C, Fayetteville, North Carolina 28301

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