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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.

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.

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.

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 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.

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.

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.

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.

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.

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.

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.

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 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.

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 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 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.

How do I get somebody to investigate my case?

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

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.

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.

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.

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.

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.

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.

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.

     
 
 
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 343 Person Street, Fayetteville, North Carolina 28301

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