FAQ Criminal & Traffic Law
What is the difference between a misdemeanor and a felony in North Carolina?
Misdemeanors are less severe criminal offenses that typically result in fines, probation, or jail time served in local facilities for up to 150 days. Felonies are serious criminal charges that carry substantial prison sentences, significant fines, and long-term consequences such as the loss of voting rights and firearm ownership privileges.
What should I do if I am contacted by law enforcement regarding a criminal investigation?
Exercise your constitutional right to remain silent and request an attorney immediately. Politely decline to answer questions or provide statements without legal counsel present, as anything you say can be used by prosecutors to build a case against you.
How does the criminal court process work in North Carolina?
Most misdemeanor cases are handled in District Court before a judge without a jury. Felony cases begin in District Court for initial hearings and probable cause determinations before moving to Superior Court for indictment and jury trials. An attorney guides you through every hearing and plea negotiation.
Will a misdemeanor or felony charge stay on my criminal record forever?
A conviction remains on your public record permanently unless you qualify for an expungement under North Carolina law. Dismissed charges, cases resulting in a “not guilty” verdict, and certain non-violent offenses after a designated waiting period may be eligible for record expungement.
Why should I hire a private defense attorney instead of handling a charge myself?
An experienced criminal defense attorney examines police procedures for constitutional violations, negotiates with district attorneys for charge reductions or dismissals, protects your rights in court, and builds a strategic defense tailored to your specific circumstances.
What happens if I am pulled over and charged with a DWI in North Carolina?
A DWI charge triggers immediate administrative and court processes, including an automatic 30-day driver’s license revocation if you test at or above a 0.08% blood alcohol concentration. An attorney can help you petition for a limited driving privilege to maintain essential travel for work or school.
Can a traffic ticket increase my car insurance rates?
Yes. Convictions for moving violations in North Carolina result in insurance points that can increase your premiums significantly for three years. For example, a conviction for speeding or reckless driving can cause a dramatic rate hike depending on the recorded speed and violation type.
What is a Prayer for Judgment Continued (PJC), and how can it help my traffic case?
A Prayer for Judgment Continued (PJC) is a disposition in North Carolina where the court finds you guilty but refrains from entering a formal judgment. When used strategically, a PJC can prevent driver’s license points and insurance surcharges, subject to specific household usage limits.
Is it worth hiring a lawyer for a speeding ticket or minor traffic offense?
Yes. An attorney can often appear in court on your behalf, negotiate the charge down to a non-moving violation (such as Improper Equipment), and prevent costly driver’s license points, insurance increases, or potential license suspensions.
What happens if I drive with a revoked or suspended driver's license?
Driving while license revoked (DWLR) is a criminal misdemeanor in North Carolina. A conviction can result in additional periods of license suspension, steep fines, court costs, and potential jail time, making legal assistance critical to reinstating your driving privileges properly.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.
