August 9, 2013Who Qualifies for an Expungement?
There is a laundry list of qualifications that a petitioner must meet before they are eligible for an expungment. These qualifications are outlined in Article 5 of the North Carolina General Statutes and more specifically in § 15A-145 through § 15A-149. The majority of the statutes are only applicable to petitioners under the age of 21 (more…)
July 24, 2013To Plea or Not to Plea?
Jail or a suspended sentence does not require much thought for most people. However, many people do not realize the future ramifications of accepting a plea offer, while others have a better understanding than the attorneys representing them. With a plea bargain the lawyer will speak to the District Attorney prior to the case being (more…)
July 19, 2013Are You Eligible for an Expunction of Your Criminal Record?
UPDATE: The Law Regarding Expunctions Has Recently Changed. Please Click Here For Updated Info. Expunctions in North Carolina are actually a fairly complex area of the law. This is especially unfortunate given today’s connected world. Essentially, even things that were charges decades ago can be found in a North Carolina background check. Those charges, even if (more…)
April 5, 2013DWI Sentencing
When it comes to sentencing for criminal convictions, Driving While Impaired (DWI) convictions are their own area of law. There is a specific list of aggravating factors and mitigating factors for DWI sentencing, and the punishments can vary considerably depending on what level of punishment into which you fall. First, let us examine the grossly aggravating, aggravating, (more…)
February 7, 2013Probable Cause Hearings
Felony cases may be initiated by a criminal warrant. If this happens, at the defendant’s first appearance, the judge must set a date for a probable cause hearing within fifteen days of that first appearance. If no court is in session that is available within that fifteen days, then the probable cause hearing must on (more…)
January 29, 2013Failure To Appear
If you fail to appear in court when scheduled to do so, you may face additional criminal charges. There are many innocent reasons why you may have missed a court date. You may have been sick and unable to make it, or perhaps an emergency situation arose. You may have been confused as to the actual court (more…)
January 29, 2013Limited Driving Privileges
There are a number of laws surrounding the charge of impaired driving, or DWI, that are implicated when someone is charged with impaired driving. One of these is an immediate civil revocation of a driver’s license in North Carolina. There are other revocations that can occur, such as the one-year revocation following a conviction, but in (more…)
January 17, 2013How Long?
A common question that criminal defendants (or their family members) ask if “How long am I looking at?” for a jail/prison sentence. With a bit of legwork, the criminal defendant can typically get a pretty good idea of what he or she may be looking at under North Carolina law. I will attempt to provide (more…)
January 10, 2013Driving While License Revoked
A driver’s license is something most people depend on every day. We often take this privilege for granted and fail to realize just how important it is until it is taken from us. When you need to make it to work or pick up a sick child from school- your driver’s license is essential. The (more…)
January 4, 2013Synthetic Drugs and Federal Laws
Over the last five years, there has been an explosion of new synthetic drugs in the marketplace that provide consumers with a ‘legal’ high without the need of back alley deals to buy marijuana, cocaine or methamphetamines. Even recently, these man-made drugs could be purchased at local gas stations, smoke shops or convenience stores with (more…)