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Frequently Asked Questions



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.

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 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.

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.

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.

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 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.

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.

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.

How do I get a concealed carry permit?

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

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 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.

How do I get somebody to investigate my case?

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

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.

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.

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 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 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 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.

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.

Can the victim drop charges in any criminal matter?

Yes, but the DA must agree.

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.

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.

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.

     
 
 
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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