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Frequently Asked Questions



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.

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.

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.

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 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.

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.

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.

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.

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.

Can the victim drop charges in any criminal matter?

Yes, but the DA must agree.

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.

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.

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 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 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 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.

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 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 get a concealed carry permit?

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

Do you offer a free consultation appointment.

Yes

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.

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.

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.

     
 
 
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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