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Frequently Asked Questions



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 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.

Do you offer a free consultation appointment.

Yes

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.

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.

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.

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 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.

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 somebody to investigate my case?

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

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.

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.

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.

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.

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 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.

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.

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.

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.

Can the victim drop charges in any criminal matter?

Yes, but the DA must agree.

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.

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.

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.

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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