Criminal Defense FAQs2021-11-12T08:57:41-05:00

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.

What If I Missed My Court Date?2021-11-10T14:05:04-05:00

North Carolina Criminal Defense Attorney Preston Edwards 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!

Can I Get My Guns Back After Being Charged With a Felony?2021-11-10T14:34:37-05:00

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 ours today!

Assault on a Female

Is an Assault on a Female Charge Considered Domestic Violence?2021-12-01T11:19:40-05:00

Criminal Defense Attorney Anastasia Tramontozzi explains that while not all assault on female cases occur 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.

Can Assault on a Female Charges be Dropped?2021-11-09T16:31:14-05:00

Criminal Defense Attorney Anastasia Tramontozzi discusses assault on a female cases 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 dependant 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!

What Are the Consequences of an Assault on a Female Conviction?2021-11-09T16:31:35-05:00

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 are facing up to 60 days in jail as well as losing 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!

Is There a 48 Hour Hold with an Assault on a Female Charge?2021-11-09T16:31:53-05:00

Criminal Defense Attorney Anastasia Tramontozzi explains the 48-hour rule as it applies to assault on a 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

Marijuana vs Hemp and Your Fourth Amendment Rights2021-12-01T11:12:19-05:00

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.

Can the Field Sobriety Tests be Used to Test for Marijuana?2021-12-01T11:14:44-05:00

Criminal Defense Attorney Preston Edwards 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 that is always present in the case of alcohol impairment doesn’t apply to marijuana. Further, testing for balance and stability, like in the second and third tests, aren’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.

Larceny

Misdemeanor Larceny in North Carolina2021-11-10T13:44:10-05:00

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.