Criminal Law

Traffic Ticket

The cuffs click shut and your worst nightmare has come true. You have been arrested.

Whether your arrest is for a dispute with a (former) friend, or a relative, or even your spouse or boy/girl friend or whether you have actually been accused of being involved in criminal activity, this is very serious. You should immediately seek the advice of a lawyer whether it is this law firm or not.

The first thing most people ask themselves is whether or not they are going to jail. While you should not consider this as legal advice nor should you rely on it, most misdemeanors with little or no criminal record do not lead to an active sentence. Many felonies when you have little or no record, do not lead to an active sentence.

Feel better? Remember a couple of lines above where we said you cannot rely on that statement as legal advice? That’s still true. The only reason we mention this here is that many people just assume that an arrest means jail. It doesn’t but it can. You should consult an attorney as soon as possible to deal with your situation.

There are many alternatives to an active jail sentence including probation. There are many possible stipulations to probation including community service, restitution, house arrest, curfews, and others.

Finally, and certainly not least, what if you are not guilty? Misdemeanors in North Carolina are tried in the District Court. There is no jury in District Court. If you want a jury to hear your case, it must be appealed to Superior Court. However, we would much rather win in District Court because it is less time consuming for you (and us) and much less expensive.

As you would expect, dealing with an arrest or warrant is very stressful. It is easy for us to say “it’ll be alright” because we have been dealing with violations of the criminal law for many, many years. Most people who get arrested are good people with families just like every one else. They have made a mistake or used bad judgment or have been impaired by some substance when the situation happened. We are here to help work through those situations. We are available for a free consultation but, again, whether you hire us or any firm or attorney, please contact someone for legal advice.