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Frequently Asked Questions



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.

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.

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.

How do I get a concealed carry permit?

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

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.

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.

Do you offer a free consultation appointment.

Yes

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.

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.

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.

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.

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.

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.

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.

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 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.

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.

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.

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.

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.

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.

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 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.

     
 
 
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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