Criminal Defense Attorney Anastasia Tramontozzi announces changes that went into effect in December 2020 relating to expungements and who is eligible. Those who have had cases dismissed or have been found not guilty, even felons, are now eligible for expungements. Additionally, those who committed offenses under the age of 18 are now eligible to have more charges expunged. If you or someone you know would like a criminal charge expunged, contact one of our Criminal Attorneys today!

Criminal Defense Attorney Patrick Apple answers frequently asked questions about plea bargains.

• What is a plea bargain?

It’s a contract between the defendant and the prosecutor. The prosecutor and defense counsel, usually, have negotiated some arrangement which often results in a dismissal or reduction of some charges. Often, a defendant is charged with multiple things so it allows the parties to come to an agreement on what charges they will proceed with.

• How common is plea bargaining?

In the early 2000s, a study was conducted that found 96% of federal cases resulted in a guilty plea bargain while 91% of state cases did the same. So, it’s very common.

• What types of pleas are there (in plea bargaining?)

The guilty plea is not just an admission of guilt, but that all the facts stated in the case are true. The no-contest plea is similar to a guilty plea but in a lot of cases cannot be used against the defendant in civil court. And an Alford plea is where a person gets the benefits of the plea deal because they know the case against them is strong enough to win at trial, therefore they are going to be convicted. However, they still factually maintain their innocence.

• Why would someone take a plea bargain if it results in a conviction?

The defendant gets to be an active player in his or her future. They can agree to their sentence ahead of time if a judge approves and they aren’t waiting around on a trial date. Often, they have charges reduced or dismissed entirely. They know what they are facing quickly with as little stress as possible.

If you’re struggling with a criminal charge and need someone to advocate on your behalf, contact one of our experienced Criminal Defense Attorneys. We can help!

Criminal Defense Attorney Anastasia Tramontozzi discusses who can see expunged charges, and who cannot. Once you’ve had a charge expunged, you can legally say you’ve never been charged with that crime. Schools, most employers, and private citizens will not be able to find the charges after a few months to a year. However, there are certain agencies like DAs and police academies that can still see the history. Because of the time it takes to purge the systems, we recommend beginning the process early and having an experienced attorney at your side to ensure it’s done properly.

Criminal Defense Attorney Anastasia Tramontozzi describes what types of charges cannot be expunged. For instance, murder is never expugnable. But neither are certain misdemeanors like DWIs, DUIs, or assaults unless you were under the age of 18 when charged, then they may be. Expungement law is complex. If you have questions about eligibility or are ready to try and clean up your record, contact one of our experienced Criminal Defense Attorneys today!

Criminal Defense Attorney Anastasia Tramontozzi explains the timing of North Carolina expungements in this video. You can have any not guilty or dismissed charge expunged the very same day. However, even if you are convicted of a crime, you may still be eligible for an expungement after a waiting period depending on the charge. A misdemeanor typically requires a 5 to 7-year waiting period while a felony requires a 10-year wait, and both require that no new charges arise during that time. And some charges, like murder, can never be expunged. If you have questions or are ready to clean up your record, give one of our Criminal Defense Attorneys a call today.

Criminal Defense Attorney Anastasia Tramontozzi explains that while you can file for an expungement yourself, it isn’t a very good idea. Filing for expungement is a complicated process involving obtaining original notarized documentation, serving the proper people, and calendaring your case to go before a judge. If you were actually convicted of the crime, the process is even more complex. Therefore, it’s a good idea to allow an attorney to help. Give one of our attorneys a call.