Criminal Defense FAQs
Hear from our Criminal Defense Attorneys directly as they answer frequently asked questions about a variety of issues ranging from larceny to drug charges as well as assaults.
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An award-winning North Carolina Criminal Defense Attorney from Dummit Fradin explains there are three likely outcomes if you miss your court date. A Called and Failed status generally occurs for minor traffic offenses, slightly more serious is a Failure to Appear, followed by an Order For Arrest. In both a Failure to Appear and an Order For Arrest scenario, documents must be prepared stating the reason for missing the court date. Therefore, you should retain an attorney if you’ve missed your court date. Give one of our Criminal Defense Attorneys at Dummit Fradin a call and set up a consultation!
Criminal Defense Attorney Anastasia Tramontozzi discusses the two ways to go about getting your gun rights back after being charged with a felony in North Carolina. The easiest way is to have the felony expunged. If the felony is expungable, then your rights are automatically restored. However, there is another option. You can petition the court to restore your firearm rights. Two requirements must be met. Your civil citizenship rights must have been restored for twenty years and the felony has to have been classified as non-violent. An experienced Criminal Defense Attorney can go over your record with you and find the best way to restore your gun rights, so call one of us today!
There are two ways that the State can require you to turn in your firearms prior to any court proceeding. These are a 50B civil domestic violence restraining order and a 50C criminal violence restraining order, if you have been charged in these types of cases, you will have to surrender your firearms prior to the matter being resolved in court. So, in the event you are found not guilty, how do you get those firearms returned to you? It’s not an easy process. You will first have to file a petition with the clerk of court who will then serve both the alleged victim in your violence case and your county’s sheriff’s department. The sheriff will run a background check and provide it to a Judge. The alleged victim will testify. The Judge will look at all the evidence provided and determine whether you are eligible to have your guns back. And he may decide you aren’t eligible, that’s his decision to make. This is why, if you are in this situation, it’s imperative that you retain an attorney right away.
Assault on a Female
Criminal Defense Attorney Anastasia Tramontozzi explains that while not all assault on female cases occurs in domestic settings, for the purposes of owning firearms, these are all treated as such by federal law. The two parties don’t even have to know each other. The only requirements are, the accused must be a male 18 or older and the accuser must be a female. If he is found guilty or pleads guilty, he loses his Constitutional right to possess a firearm. So, while assault on a female cases may not be domestic cases technically, the law considers them domestic cases and the consequences are as severe.
Criminal Defense Attorney Anastasia Tramontozzi discusses assault on a female case and why the State is not going to drop the charges, even if the female is willing to do so. However, the way the case proceeds is entirely dependent upon the policies of the county and the elected DA prosecuting the case. Therefore, a number of factors should be looked at when it comes to defense. For instance, what is the relationship between the two people involved? Was there any physical violence? Were there any witnesses? Was the accused exercising his Constitutional right to self-defense, in other words, was the force reasonable? And is the woman doing the accusing reliable or does she have an ulterior motive, a reason to lie? Regardless, each case is unique, and everyone is entitled to the best defense possible. Call one of our Criminal Defense Attorneys today!
Criminal Defense Attorney Anastasia Tramontozzi discusses the consequences of an assault on a female conviction in North Carolina. While this is typically a misdemeanor, it can be elevated to a felony charge if strangulation or a deadly weapon was involved. Even if the charge remains a misdemeanor, you still face up to 60 days in jail and lose your right to own firearms. Plus, the charge can never be expunged. So, before you try and handle an assault on a female charge on your own, contact one of our experienced Criminal Defense Attorneys and let us help!
Criminal Defense Attorney Anastasia Tramontozzi explains the 48-hour rule as it applies to an assault on female charges. Many people think that when they are charged with assault on a female there is a mandatory 48-hour cooling-off period, and they will spend that time in jail. This used to be true but is no longer the case. When charged with assault on a female, you have a Constitutional right to go before the first available judge within that 48-hour timeframe. So, if you’ve been charged with assault on a female, consult with one of our attorneys and bring your bond paperwork. Make sure your rights have been respected.
Marijuana and Other Drugs
An exceptional Criminal Defense Attorney from Dummit Fradin discusses the three standard types of field sobriety tests that law enforcement uses and why they aren’t reliable to test for marijuana. They include the horizontal gaze nystagmus test, the walk and turn, and the one-leg stand. In the first test, the twitching that is present in your peripheral vision is always present in the case of alcohol impairment but doesn’t apply to marijuana. Further, testing for balance and stability, like in the second and third tests, isn’t reliable for marijuana either. If you’ve been charged with a DWI due to marijuana impairment, make sure your attorney is well-versed in the science. Call one of our Criminal Defense Attorneys.
Criminal Defense Attorney Patrick Apple discusses marijuana, hemp, and your Fourth Amendment rights. In North Carolina, hemp is a legal substance while marijuana is not. However, these substances are virtually indistinguishable. Certainly to law enforcement officers who are basing searches on smell alone, they cannot tell the difference between the smell of hemp, a legal substance, and marijuana, an illegal one. They could be encroaching upon your Fourth Amendment right against unreasonable search and seizure. If you have a marijuana charge pending, call one of our Criminal Defense Attorneys today and discuss your case.
The charges of possession of marijuana vs. cocaine seem substantially the same. They are both drug possession charges, however, Criminal Defense Attorney Patrick Apple explains that in North Carolina these charges are really very different. For instance, possession of up to one and a half ounces of marijuana is usually a Class 1 or Class 3 misdemeanor while possession of any amount of cocaine is a felonious offense. Further, some strains of marijuana are legal to possess in North Carolina, like Delta-8, which contains less than 3% THC. There is no similar legal counterpart to cocaine. Also, should you be found guilty of felony possession of marijuana, the penalties are not as harsh as if you are guilty of possession of cocaine, even though both of these are felony drug charges. Both charges, however, can be resolved under deferred prosecution agreements or conditional discharges under NC 90-95 and 90-96 laws. Because each case is unique, it is imperative you seek out an experienced advocate if you or someone you know has been charged with possession of marijuana or cocaine. Give us at Dummit Fradin a call right away.
The charge of cocaine possession in North Carolina, according to Defense Attorney Patrick Apple, is always a felony, no matter the amount. A person will be found guilty of this crime if they knowingly possess cocaine, it’s that simple. The possession can be actual, meaning on your person, or constructive, meaning within your sphere of control and you know it’s there. Drugs are ranked according to a schedule ranging from 1-6 depending on their potential for abuse and their proven medical uses. Cocaine is a schedule 2 drug, meaning it has a high level of abuse and no medical uses. Therefore, the state does have to prove what drug is in your possession. They can do this by using a drug analysis, a drug recognition expert, or even your own words against you. This means an analysis does not need to be performed for someone to be found guilty of cocaine possession. And the penalties as extremely harsh. This means it is imperative if you or someone you know is charged with cocaine possession in North Carolina, call an experienced Defense Attorney right away. We here at Dummit Fradin can help.
North Carolina Criminal Defense Attorney Patrick Apple explains that PWISD, or possession with the intent to sell or deliver, is an aggravated drug possession charge often used by law enforcement to gain a plea deal for an included Possession of a Controlled Substance charge. PWISD is a felony and is always punished at higher levels than other possession charges. Therefore, defendants are often scared to go to trial. However, this charge, rightfully, requires more of the state to prove than Possession of Controlled Substance charges do. They have to prove your intent to sell or deliver. They may do this with bags, scales, or large amounts of cash near the drugs. Even if no other paraphernalia exists, the state may still try and prove PWISD based on the quantity alone. They do not have to observe any selling or distributing in order to infer intent. An experienced attorney will make the state prove intent, the identity of the substance, and possession beyond a reasonable doubt. The criminal defense attorneys of Dummit Fradin have this experience. If you’ve been charged with PWISD, call us immediately.
According to North Carolina Criminal Defense Attorney Patrick Apple, drug tracking and PWISD, or possession with intent to sell and deliver, sound like very similar crimes. However, trafficking is much more serious. Trafficking requires the manufacture, possession, selling, distribution, or transport of large quantities of controlled substances. The key difference between the charges is merely the amount of the drugs. Trafficking also has its own set of sentencing guidelines, The Drug Trafficking Sentencing Chart. This is broken down by classification of drugs and amount, and each has very different penalties, however, they all carry significant prison time, heavy fines, and collateral consequences that can follow someone for life. Trafficking charges even (typically) have their own prosecutor within the DAs Office who works with State, local and federal agencies to prosecute trafficking charges. Generally, the minimum for trafficking is 25 months while the maximum can be more than 23 years in prison. Law Enforcement tends to target Interstates 40 and 85 to catch traffickers which PWISD can be found county and Statewide. Therefore, if you’ve been charged with either crime, to avoid life-long consequences, contact an experienced advocate who will challenge the State on elements of intent, knowledge, possession, and even identity of the controlled substance today. Dummit Fradin has that experience. Call us now.
Criminal Defense Attorney Patrick Apple explains that MDMA or Ecstasy is a laboratory-created Schedule 1 controlled substance, meaning it has a high risk of abuse and no accepted medical benefit. Therefore, the state will prosecute any possession harshly. In fact, Ecstasy possession is a Class-I felony. However, because MDMA often comes in a variety of pills and capsules, proving identity requires an actual chemical analysis. Further, if the MDMA was found constructively in your possession rather than on your person, the state must prove the Ecstasy was not only just around your sphere of control but that you had knowledge of its location. An experienced attorney might also challenge the state to prove probable cause for the search and seizure which found the MDMA to begin with, or they could attack the chain of custody and force the state to show where that Ecstasy was at every moment of the process. There are many tools an advocate who has dealt with drug possession has at their disposal. At Dummit Fradin, we are very effective at using them all in your defense.
Larceny
Criminal Defense Attorney Patrick Apple discusses what larceny is and what the consequences could be in North Carolina. Larceny is the legal way of saying theft. It’s when one person takes and carries away the property of another with the intent to permanently deprive that person of the use of the property knowing they didn’t have the right to possess it. Larceny is a class one misdemeanor, the second-highest class of misdemeanor in North Carolina. Even a charge of larceny doesn’t look very good on your record and could deprive you of valuable jobs in the future. If convicted you could be facing an active sentence now. Further, since most larceny charges are shoplifting in nature and occur after statements are given, the best advice is not to give a statement at all. Don’t even speak to any non-attorney about a criminal matter without your attorney present. Any statement you make to loss prevention or law enforcement can be used against you at trial. If you’ve been accused of larceny or any other crime, it’s important that you have the best defense possible. Give one of our Criminal Defense Attorneys a call today. Let us help protect your rights.
Criminal Defense Attorney Anastasia Tramontozzi talks about how the recent rise in catalytic converter thefts in North Carolina has led to a rise in other violations as well. Many of our clients have been innocent of the obvious crime of possessing stolen property, but have been charged with violating policies and procedures when it comes to buying and selling used catalytic converters. In some circumstances, even if you unknowingly possessed a stolen catalytic converter, you could still be charged with a felony and be facing active jail time. So, if you have charges stemming from catalytic converter theft, give one of our Criminal Defense Attorneys a call. We can help.
Bonds
A bond is a monetary guarantee from you given to the State to ensure that you will show up to your court proceedings. Once you have shown up to all your court proceedings, your bond is returned. Should you decide to do so, you can pay any court costs or fees out of your bond before it is repaid to you. However, if you do not show up to your court proceedings, your bond could be forfeited and distributed to various State agencies. So, it is very important that if you have a bond, you show up to court and take care of your affairs.
For lower-level offenses, like misdemeanor larceny or DWI, bonds will likely be set by a Magistrate. In the State of North Carolina, Magistrates are unelected officials and may not even be attorneys. They are required to follow strict guidelines set by the State Legislature that determine what sort of bond can be set for individual offenses. Although they are supposed to take certain factors into account, they do not have much leeway when setting a bond.
For more serious offenses, a District Court Judge will be more likely to set the bond. District Court Judges are elected and are also most probably attorneys. They have much more discretion when setting a bond than a Magistrate regardless of the level of offense. However, they still set a bond according to strict criteria. They consider things like community ties, criminal history, ability to return to court, and most especially whether people have failed to return to court in the past, which will greatly affect a bond whether it’s set by a District Court Judge or a Magistrate.
There are, generally speaking, three different types of bonds that you might be given when you are charged with a criminal offense. The one given the most often to people with no criminal history who are charged with a minor infraction is called a written promise to appear. Essentially, it is a written statement saying you will come to court on a proper day and at the proper time. If you fail to do so, the court will issue a failure to appear, bring you into court, and likely issue you a new bond.
The second type of bond is an unsecured bond. The Magistrate or Judge will issue you a dollar amount, which you will not owe unless you fail to come to court. So, with both of these types of bonds, if you show up in court, you don’t pay anything.
The third type of bond, a secured bond, is usually reserved for serious offenses or those with a history of not coming to court. In this case, you must pay your bond upfront but will be repaid the bond amount upon completion of all court appearances.
According to one accomplished Dummit Fradin Criminal Defense Attorney you generally only need a bondsman when you receive a secured bond. A secured bond is where you have to make a cash payment to the state before being released on your own with a promise to show up to your court date. For example, if a judge set a secured bond for $10,000 normally you would have to put up that $10,000 yourself. But, if you come to court and do everything you are supposed to you will get the money back in the end. What a bondsman will do, generally speaking, is charge around 10% of the secured bond amount. So if you have a $10,000 secured bond, then you will pay the bondsman $1,000. The bondsman will then put up the $10,000 in exchange for $1,000. However, once the case ends, no matter the outcome, the bondsman keeps the $1,000. You do not get that money back. There are some advantages to getting a bondsman, especially if you have a high bond like $250,000. It’s important that if you do get a secured bond you are able to obtain your release. Statistically, you’ll have better success with criminal defense when you get a pretrial release. So, the ability to obtain your release on a secured bond is an important part of the justice system.