I Have Been Arrested for a Serious Felony: What Do I Do?

Finding yourself arrested for a serious felony can be a daunting and stressful experience. The immediate moments following an arrest are crucial, and how you handle them can significantly impact the outcome of your case. Here are some steps to guide you through this challenging time:

Remain Calm: It’s natural to feel scared and overwhelmed, but remaining calm can help you think clearly and make better decisions.

Invoke Your Right to Remain Silent: As soon as you are arrested, you have the right to remain silent. Avoid discussing your case with anyone, including the police, until you have spoken to a lawyer.

Contact a Lawyer: One of the most important steps you can take is to contact an experienced criminal defense lawyer as soon as possible. They can provide you with legal advice tailored to your situation and help protect your rights.

Avoid Making Statements: Refrain from making any statements or admissions of guilt without consulting your lawyer. Anything you say can be used against you in court.

Cooperate Within Limits: While it’s essential to cooperate with law enforcement to some extent, always consult with your lawyer before answering any questions or providing information.

Remember, being arrested does not mean you are guilty. Everyone has the right to a fair trial and legal representation. By taking the right steps after your arrest, you can help build a strong defense and protect your rights.

Can I Talk to My Lawyer Before Answering Questions?

Yes, absolutely! You have the legal right to consult with a lawyer before answering any questions from law enforcement. This right is protected by the Fifth Amendment of the U.S. Constitution, which guarantees your right against self-incrimination.

Here’s why it’s crucial to talk to your lawyer before answering questions:

Protection of Rights: Your lawyer can help ensure that your rights are protected throughout the interrogation process.

Legal Advice: A lawyer can provide you with legal advice tailored to your situation and help you understand the potential consequences of your statements.

Avoid Self-Incrimination: Without legal guidance, you may unintentionally say something that could be used against you in court even if what you said didn’t necessairly align with what you meant. A lawyer can help you avoid making statements that could harm your case.

Preparation: Your lawyer can help you prepare for questioning, ensuring that you are well-equipped to handle any questions that may arise, no mater how tricky they are worded.

Always remember that your priority should be to protect your rights and your future. Consulting with a lawyer before speaking to law enforcement can help you make informed decisions and navigate the legal process effectively.

The Police Say They Want to Help Me, Should I Go Ahead and Talk to Them?

While it may seem like the police are trying to help you, it’s essential to remember that their primary goal is to gather evidence and build a case against you. Therefore, it’s crucial to approach interactions with law enforcement with caution.

Here are some points to consider before deciding to talk to the police:

Consult Your Lawyer: Before speaking to the police, always consult with your lawyer. They can provide you with advice on whether or not it’s in your best interest to cooperate.

Know Your Rights: You have the right to remain silent and the right to legal representation. Exercise these rights to protect yourself from self-incrimination.

Be Cautious: Even if the police claim they want to help you, avoid making any statements or admissions without first consulting your lawyer.

Avoid Making Deals: Law enforcement may try to make deals or promises to get you to cooperate. Be wary of these tactics and consult with your lawyer before agreeing to anything.

While it’s essential to cooperate with law enforcement to some extent, always prioritize protecting your rights and your future. Consulting with a lawyer before speaking to the police can help you make informed decisions and avoid potential pitfalls that could harm your case. Remember, your lawyer is your advocate and can help guide you through the legal process effectively.

Anything you say can and will be used against you, is that correct?

Yes, that’s correct. One of the most important rights you have when interacting with law enforcement is the right to remain silent. It’s crucial to be aware that even seemingly harmless or innocent statements can potentially be twisted or taken out of context by prosecutors to build a case against you.

Is it true that if I ask a cop if they are lying, they have to answer honestly?

ABOULTELY NOT. Most people are astonished to learn that cops can lie to you. They can tell you they already have evidence that they do not have. They can tell you that someone has already told them what happened and that they have witnesses that have made statements against you even though it didn’t actually happen. Their job is to gather information by whatever means necessary, including telling you they are trying to help you. 

For more information on Criminal Law in North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 862-0148 today.

In December 2017, Governor Roy Cooper enacted Senate Bill 445, a new expungement law that took effect immediately. To assist you and the other 10 million North Carolina residents in understanding the implications of this new law, the expungement attorneys at the Neece Law Firm have compiled this guide to expungement law in North Carolina.

What has Changed?

One of the goals of the new law is to reduce the wait time to expunge non-violent misdemeanors and felony convictions. This way, the millions of NC residents with criminal convictions can clear their records faster. The most important components of the change are detailed below:

• Misdemeanor convictions can now be expunged after 5 years instead of 15.
• There is no more limit on how many dismissals can be expunged.
• Felony convictions can now be expunged after 10 years instead of 15.
• Prosecutors and law enforcement personnel will have access to all records.

Expunging a Criminal Record in NC

To expunge a criminal record in North Carolina, you must file your petition at the county courthouse where you were charged. You must fill out the specific AOC form that applies to you. The forms are based on your age, charge and outcome of the case, among other things.

In order to qualify for expungement, you must meet the following criteria:

• Have completed the necessary waiting period for the record you wish to expunge
•  Settled all court-ordered fees and can provide evidence of payment
• Must not be on parole or probation in any jurisdiction
• No outstanding arrest warrants or criminal summonses against you
• No active criminal cases
• No pending criminal charges

Expunging a Felony Conviction in NC

If you face a felony charge in North Carolina, you may be eligible for dismissal or a not guilty verdict. Yet, if convicted, the waiting period varies based on the charge and your age. Generally, convictions for violent felonies are usually not eligible for expungement.

Expunging a Misdemeanor Conviction in NC

If you are charged with a misdemeanor in NC and it results in a non-guilty verdict, you are immediately eligible for expungement. If you are found guilty, the wait period for expungement depends on your age and the specific charge.

Expunging a DWI in NC

DWI convictions are excluded from the non-violent misdemeanor classification and are never eligible for expungement. If your DWI charge is dismissed or you achieve a non-guilty verdict, you are immediately eligible for expungement.

Expunging a Larceny Conviction in NC

Any non-guilty verdict results in immediate eligibility for expungement. However, if you are convicted of Misdemeanor Larceny in NC and you are over the age of 18, you are eligible for expungement 5 years after your conviction. If you are under the age of 18, you are eligible after 2 years.

Expunging a Drug Charge in NC

The new expungement law sets wait periods ranging from 12 months to 10 years based on the charge for individuals under 22 at the time of conviction. If your charge is dismissed, there’s no waiting period. Additionally, successfully completing the 90-96 program may make you immediately eligible.

Will expunged charges appear on a background check for jobs?

No, expunged charges will not show up. However, non-expunged charges and convictions, including dismissals, infractions, prayers for judgement, pending charges, and not guilty verdicts, will be visible on an employer’s background check.

How long is the expungement process in NC?

We typically see them take as little as 3 months but can take up to 12 months in North Carolina.

Where to file for expungement in NC

To expunge a charge or conviction in North Carolina, you need to file at the county courthouse where the charge was issued. For instance, if you were charged in Gaston County, you should submit your petition at the Gaston County Courthouse in Gastonia, NC.

Do I need a lawyer to expunge my record?

While not mandatory in NC, it’s highly recommended to have a lawyer handle your expungement. The process is intricate and time-consuming. You’ll need to file under the appropriate statute, complete the correct AOC form, and possibly appear in court. Any mistake can significantly delay an already lengthy process. It’s advisable to consult with an experienced expungement attorney before submitting your petition. They can review your case and navigate you through the process smoothly. Discover how the attorneys at Neece Law can assist with your record expungement.

Speak with an attorney today to file for expungement.

With over 20 years of legal experience in North Carolina, Neece Law Firm’s attorneys are ready to assist you in clearing your record and moving forward. If you’re eligible for expungement, reach out to us today to start the process.

For more information on Expungement in North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 862-0148 today.