Pleas and Expungements FAQs2021-11-10T10:37:41-05:00

Pleas and Expungements FAQs

Hear from our Criminal Defense Attorneys directly as they answer frequently asked questions about cleaning up your record and discuss plea bargains. 

Pleas and Expungements

What Is a Prayer for Judgement Continued?2021-12-01T11:27:13-05:00

Criminal Defense Attorney Preston Edwards explains exactly what a Prayer for Judgement is and why it may or may not be right for your situation. A PJC can only be granted after a guilty plea has been entered, this means the conviction will remain on your record. You may be protected from negative sentencing, but you might also limit your ability to appeal or extend the time required before you can get an expungement. However, every case is different. If you are facing charges and are considering a Prayer for Judgement Continued, you should contact one of our Defense Attorneys and set up a consultation today!

Plea Bargaining: A Summary2021-11-10T10:18:04-05:00

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, which is not just an admission of guilt, but that all the facts as 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, which 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 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, give one of our experienced Criminal Defense Attorneys a call. We can help!

The NC Second Chance Act Opens Up Expungement Eligibility2021-11-10T10:20:58-05:00

Criminal Defense Attorney Anastasia Tramontozzi announces changes that went into effect in December of 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, call one of our Criminal Attorneys today!

Do Expunged Charges Show up on Background Checks?2021-11-10T10:23:31-05:00

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.

What Charges Can be Expunged?2021-11-08T17:11:18-05:00

Criminal Defense Attorney Anastasia Tramontozzi describes what types of charges are not expugnable. 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!

How Long do I Have to Wait to Get a Change Expunged?2021-11-09T11:09:49-05:00

Criminal Defense Attorney Anastasia Tramontozzi explains the timing of North Carolina expungements in this video. Any not guilty or dismissed charges can be 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.

Can I File for an Expungement Without an Attorney?2021-11-09T11:24:21-05:00

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 ours a call.

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