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Frequently Asked Questions



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.

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 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.

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.

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.

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.

How do I get somebody to investigate my case?

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

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.

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.

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.

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.

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.

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.

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.

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 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 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.

What does trafficking drugs mean?

It depends on the amount of drugs. Each controlled substance has a different amount that can be called trafficking. For example, you can be charged with drug trafficking if you have 28 grams or more of cocaine. You can also be charged with drug trafficking if you have 4 to 5 pills.

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.

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.

Do you offer a free consultation appointment.

Yes

Can the victim drop charges in any criminal matter?

Yes, but the DA must agree.

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.

     
 
 
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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