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Frequently Asked Questions



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.

Do you offer a free consultation appointment.

Yes

How can my driver license be revoked when I have never had one?

It is not the actual driver’s license that is revoked. It is your privilege to drive in North Carolina that is revoked or suspended. If you have never had a license and your privilege to drive is revoked, consult with an experienced traffic lawyer. We are well versed in North Carolina traffic laws and can help restore your privilege to drive legally in North Carolina.

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.

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.

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.

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 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.

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.

Can the victim drop charges in any criminal matter?

Yes, but the DA must agree.

Should I talk to the police without an attorney when I have done nothing wrong?

It is important to remember that if police are investigating a crime and they want to talk with you that you ask to have your lawyer present immediately. Police are trained investigators and trained interrogators. If you are contacted by police, politely tell them you wish to speak with your lawyer first.

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 handle my old tickets by adding them on to the docket? Is that a good idea?

It is a bad idea to represent yourself. Oftentimes, the Judge will arrest the individual on outstanding failures to appear and orders for arrest. Other times, the individual will plead guilty to old tickets and will lose his privilege to drive in North Carolina indefinitely.

DMV told me all I had to do was pay off my old tickets to get my driver license back. Is this a good idea?

This is a bad idea. DMV is not a lawyer, and cannot give you sound legal advice. If you pay off old tickets, you are pleading guilty to those tickets. This will cause you to lose your driving privileges. It will also cost you an additional $200.00 fee per ticket in addition to the usual costs of court. It is always best to consult with a lawyer first before you pay off any ticket.

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.

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.

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.

What should I do when I am stopped by the police?

Pull over as soon as you have a safe spot. Do not get out of your car.  Roll your window down all the way and turn your engine off. Put both of your hands on the steering wheel. Do not start rummaging in your pockets or purse or glove compartment for your license, wallet, or registration. When the officer speaks to you, respond politely and respectfully. Do not argue or act in a hostile manner.

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.

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.

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.

How do I get a concealed carry permit?

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

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.

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.

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.

     
 
 
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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