I have been arrested for a serious felony, now what?

Apr 12, 2024 | Criminal Law

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.

Your Guide to Expungement: Clearing Your Criminal Record

Apr 12, 2024 | Criminal Law

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.

Speeding Tickets in North Carolina: Why Hiring an Attorney Matters

Apr 11, 2024 | Criminal Law

Caught speeding in North Carolina? It’s a scenario that many drivers face at some point. While paying off the ticket might seem like the easiest solution, it’s not always the wisest. In this blog post, we’ll explore why hiring an attorney in North Carolina to handle your speeding ticket is a smart move, especially when considering the potential impact on your insurance premiums.

Why Hire an Attorney for Your North Carolina Speeding Ticket?

Legal Expertise: Navigating North Carolina’s traffic laws can be complex, especially for those without legal experience. Attorneys specialized in traffic law understand the nuances of these laws and can provide invaluable guidance on the best course of action for your case.

Protection of Rights: When you hire an attorney, you have someone dedicated to protecting your rights throughout the legal process. They’ll examine the circumstances of your traffic stop, scrutinize the evidence against you, and ensure that your rights are upheld at every stage.

Reduction of Consequences: Paying off a speeding ticket might seem like a quick fix, but it can have long-term consequences. Convictions for speeding violations can result in points on your driving record, leading to increased insurance premiums. An attorney can negotiate with prosecutors to potentially reduce the charges or penalties associated with your ticket, minimizing the impact on your driving record and insurance rates.

Preservation of Your Driving Record: Your driving record is a valuable asset, and keeping it clean is essential for maintaining affordable insurance rates. Convictions for speeding violations can tarnish your record and result in higher premiums. By hiring an attorney, you increase your chances of avoiding or minimizing the consequences of a speeding ticket, preserving your driving record and keeping your insurance rates in check. Oftentimes it’s cheaper to hire an attorney than what it will cost in increased insurance premimums.

Peace of Mind: Dealing with a speeding ticket can be stressful, especially when considering the potential impact on your insurance premiums. By enlisting the help of an attorney, you can alleviate some of that stress knowing that you have a knowledgeable advocate fighting on your behalf.

While paying off a speeding ticket might seem like the easiest solution, it’s not always the best one. Hiring an attorney in North Carolina to handle your speeding ticket can offer numerous benefits, including legal expertise, protection of your rights, and potentially reduced consequences. Plus, by avoiding convictions that could impact your driving record, you can help keep your insurance premiums affordable in the long run. So, the next time you find yourself facing a speeding ticket in North Carolina, consider investing in the expertise of a qualified attorney to protect your rights and minimize the impact on your insurance premiums.

For more information on Traffic 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.

Getting charged with a DUI or DWI in Gastonia NC ?

Mar 27, 2017 | Criminal Law, DUI, DWI

Getting charged with a DUI or DWI in Gastonia NC can be the lowlight of someone’s life. Having a lawyer that’s on our side makes this generally hard time feel easier. Actually, the first thing that we should be thinking when getting pulled over for a DUI is “Who am I going to hire as my lawyer?”.

When we’re choosing a lawyer, we should always refer back to experience. Try to find a criminal attorney in the area who has had experience in DUI/DWI cases. North Carolina DUI Laws are listed in full on the NC DPS website. The state currently has five layers of misdemeanor Driving While Intoxicated (DWI).

In this system level five is the least harsh and level one is the worst.

Level five offenders will receive a fine up to $200 and a minimum jail sentence of 24 hours. The judge is also able to suspend their license for up to 30 days and assign them up to 24 hours of community service.

Level four offenders could receive jail time for their DWI anywhere from 48 hours to 120 days. Their fine could also reach upwards of $500. The judge can also suspend the sentence until we complete 48 hours of community service, spend 48 hours in jail, and/or suspend our license to operate a vehicle for 60 days.

Level three offenders could face a fine of $1000, jail for 72 hours – 6 months or have the sentence suspended in place of 72 hours of community service, and/or 90 days without a license.

Level two DWI offenders can be fined up to $2000 and sentenced to 7 days to 1 year of jail time.

Level one could be fined up to $4000 and will receive a minimum jail sentence of up to 30 days, the sentence could be set up to two years.

Level one and two is generally reserved for repeat offenders. Sometimes these can be applied to those transporting young children while impaired or those who hurt someone in a crash. Having the right DUI lawyer in Gastonia could mean the difference between a level three and a level five offence.

Neece Law Firm is located right in the heart of Gastonia, NC. They are also well equipped with criminal lawyers who know their way around a DWI case.

For more information on DUI’s 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.

Have you been charged?

Jul 28, 2016 | Criminal Law, DUI, DWI

When that unfortunate time comes when you or a member of your family finds themselves faced with charges from the Gastonia PD the first step should always be to acquire a trustworthy and committed criminal defense attorney. This is the only way to ensure that the case is successful with a not guilty verdict even if the case goes to trial. We are proficient in both domestic and criminal cases presented in various aspects of criminal law. For criminal defense cases regarding DUI, violent crimes, drug crimes, assault, domestic violence and even juvenile crimes we can handle the case.

In these times of literal trials where the bonds of a family, individual and sometimes an entire community are being tested it’s imperative that all of the right steps are taken immediately after the incident leading to arrest. The best way to ensure that there aren’t any mistakes during this crucial time is to make the very first step after the incident is to call in a qualified and reliable criminal attorney. A good attorney will be there by your side every step of the way which helps to remove a small amount of the fear that is involved in being charged with a crime. This decision can be pivotal in success at the later court date because it will help ensure that the charged individual isn’t taken advantage of by the justice system. Only hire a local lawyer that is familiar with the judicial system – this will ensure that the case is handled according to the nuances of the local court system.

The combined experience of the practicing lawyers at Neece Law Firm make them an easy choice for anyone facing criminal charges in Gastonia. Michael Neece was an Assistant District Attorney in Gaston County for 4 years after working as an Assistant District Attorney in Asheville, North Carolina after acquiring his law degree. With his experience in county court, he is the best choice because he has seen the ins and outs of the Gastonia courthouse. Before his time in front of the jury, Neece studied at various universities from his undergrad to his law school education. Michael Neece first attended University of Virginia’s College at Wise and then went on to graduate from law school at the Appalachian School of Law. Neece Law Firm is confident with absolutely any criminal charge from felonies to general misdemeanors and on to other general areas of law. Call us if you have been charged and you’re looking for help.

For more information on your charges 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.