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Frequently Asked Questions



What happens after I am arrested?

After someone is arrested, the police officers bring the person to the law enforcement center to be processed. The police will likely take fingerprints and compile all of the person’s information. The police officers will then take the individual before the magistrate. The magistrate sets the conditions of bond.

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.

Can the victim drop the charges in a domestic dispute?

No. The State of North Carolina does not permit a victim to drop charges. If you do not wish to prosecute, contact us immediately.

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.

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.

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.

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.

What is a misdemeanor?

North Carolina classifies misdemeanors into four categories: Class A1 is the most serious misdemeanor, while classes 1, 2, and 3 represent less serious misdemeanor offenses. Examples of misdemeanors include: Assault on a Female, Communicating Threats, Possession of Drug Paraphernalia, Simple Assault, Shoplifting, and Possession of less than ½ ounce of Marijuana.

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.

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.

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.

Do I need a lawyer if I have done nothing wrong?

When you are accused of a crime and have done nothing wrong is probably one of the most important times in your life you will need a passionate and zealous criminal defense lawyer by your side.

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.

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.

How do I clear up a warrant for my arrest?

Once a warrant is issued, you must be served. Once you are served, a bond will be set by the magistrate. That is why it is important to see legal advice as soon as you know charges have been brought against you.

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.

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.

Should I talk to the DA about my case?

No. The DA will not talk to you if you have a lawyer and anything you say to a DA about your case will be used against you.

Should I take the breath test if I am charged with DWI?

It depends. If you know that you are going to blow over .08, you should refuse if you are willing to lose your driver license for one year for the refusal. This is in addition to the year that your license will be revoked for a DWI conviction. You are eligible for a limited driving privilege after six months if you have taken care of the DWI.

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.

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.

Do I need a lawyer if I am guilty?

Yes. First, it is the State’s burden to prove you guilty beyond a reasonable doubt. Just because you believe you are guilty of a crime does not mean that the State will be able to prove it. Second, an experienced criminal defense lawyer can help you navigate the criminal process.

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.

Why does my old criminal record matter?

North Carolina law has structured sentencing, which means that every felony or misdemeanor is categorized by a class and each individual is categorized by his or her prior record. While in some circumstances, your criminal record can affect you, it does not have to define you. At Moss and Thompson, P.A., we understand that a person’s history does not define who he or she is today.

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.

     
 
 
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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