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.
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Facing a warrant for missing court can be terrifying, but it’s not always as serious as it seems. The consequences depend on the specific charges. If you missed a court date, there are three potential outcomes: called and failed, failure to appear, or an order for arrest. A called and failed case is usually for minor offenses like traffic tickets and can often be easily rescheduled. However, if left unresolved, it could lead to a license suspension. A failure to appear is more serious and requires a document from the district attorney to reschedule. An order for arrest is the most severe, potentially leading to jail time. If you find yourself in this situation, give one of our Criminal Defense Attorneys at Dummit Fradin a call and set up a consultation!
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 us today!
Under these two legal mechanisms—50B and 50C—the state doesn’t wait for a conviction. If you’ve been charged in a domestic or criminal violence case, you’ll need to hand over your firearms right away. It’s a preemptive move by the courts, and it applies whether you’re guilty or not. The good news? If you’re cleared of the charges, there’s a path to reclaiming what’s yours. The bad news? It’s a complicated one.
The Process to Get Your Guns Back
So, you’ve been found not guilty—congratulations! Now, how do you retrieve your firearms? Buckle up, because it’s a multi-step ordeal:
- File a Petition: Your first move is to head to the clerk of court and file a petition to have your firearms returned. This kicks off the process, but it’s just the beginning.
- Serving the Papers: Once your petition is filed, the clerk will serve two key parties: the alleged victim in your case and your county sheriff’s department. They both get a say in what happens next.
- Background Check: The sheriff’s department takes over from there, running a thorough background check on you. They’re looking for any reason—past or present—that might disqualify you from owning firearms.
- The Victim’s Testimony: The alleged victim will have a chance to testify. Their input could sway the outcome, so this step carries weight.
- The Judge’s Call: Finally, a judge steps in. They’ll review everything—the sheriff’s background check, the victim’s testimony, and any other evidence provided. Based on this, they’ll decide if you’re eligible to get your guns back. Here’s the kicker: even if you’ve been found not guilty, the judge can still say no. That’s right—it’s their discretion, and their ruling is final.
Why You Need Help
This process isn’t just long—it’s tricky. One misstep and you could be left empty-handed, even if the law says you’re entitled to your firearms. That’s why, if you find yourself in this situation, hiring an attorney isn’t just a good idea—it’s essential. A skilled criminal lawyer can navigate the paperwork, advocate for you in court, and help tip the scales in your favor. Don’t go it alone—get legal help and fight for what’s yours. Contact us today!
Assault on a Female
Criminal Defense Attorney Anastasia Tramontozzi explains that while not all assault on female cases occurs 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.
Criminal Defense Attorney Anastasia Tramontozzi discusses assault on a female case 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 dependent 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!
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 face up to 60 days in jail and lose 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!
Criminal Defense Attorney Anastasia Tramontozzi explains the 48-hour rule as it applies to an assault on 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
An exceptional Criminal Defense Attorney 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 is always present in the case of alcohol impairment but doesn’t apply to marijuana. Further, testing for balance and stability, like in the second and third tests, isn’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.
Larceny
Criminal Defense Attorney Anastasia Tramontozzi talks about how the recent rise in catalytic converter thefts in North Carolina has led to a rise in other violations as well. Many of our clients have been innocent of the obvious crime of possessing stolen property, but have been charged with violating policies and procedures when it comes to buying and selling used catalytic converters. In some circumstances, even if you unknowingly possessed a stolen catalytic converter, you could still be charged with a felony and be facing active jail time. So, if you have charges stemming from catalytic converter theft, give one of our Criminal Defense Attorneys a call. We can help.
Bonds
A bond is a monetary guarantee from you given to the State to ensure that you will show up to your court proceedings. Once you have shown up to all your court proceedings, your bond is returned. Should you decide to do so, you can pay any court costs or fees out of your bond before repaying it to you. However, if you do not show up to your court proceedings, your bond could be forfeited and distributed to various State agencies. So, it is essential that if you have a bond, you show up to court and take care of your affairs.
How a North Carolina Court Decides Your Bond
How a North Carolina Court Decides Your Bond
[00:00:00] After an arrest, one of the first and most pressing questions is, “How do I get out of jail?” The answer lies in the bond process, a critical first step that requires guidance from an experienced criminal defense attorney. This process, part of what the North Carolina Judicial Branch officially calls the criminal case process, determines the conditions for your pretrial release and is handled by one of two types of judicial officials: a Magistrate Judge or a District Court Judge.
The Role of the Magistrate Judge in Setting Bond
[00:00:04] For the vast majority of less serious offenses—such as a first-time DWI, misdemeanor larceny, or other common misdemeanors—the initial bond is typically set by a Magistrate Judge. It’s important to understand that in North Carolina, a magistrate is an unelected judicial official who is not required to be a licensed attorney. [00:00:16] Because of this, their authority is carefully defined and restricted by strict bond guidelines established by the state legislature. They consult these guidelines, which provide a structured framework for setting bond amounts and conditions based on the specific charge. This system is designed to ensure consistency and limit discretion for officials who may not have a formal legal background.
The Role of the District Court Judge in Setting Bond
[00:00:28] When an individual is charged with a more serious offense, such as a high-level felony, the bond is more likely to be set by a District Court Judge. Unlike magistrates, District Court Judges in North Carolina are elected officials who are required to be licensed attorneys with legal experience. [00:00:33] The public has placed their trust in these judges through the election process, granting them much broader discretion when it comes to setting bond. A judge can consider a wider range of nuances and factors beyond the basic legislative guidelines. They have the authority to set higher bonds, impose more restrictive conditions, or in some cases, deny bond altogether if they believe the individual poses a significant risk to the community.
The Key Factors Used to Determine Bond
[00:00:44] Whether set by a magistrate or a judge, the decision is not arbitrary. The judicial official must consider a specific set of criteria designed to assess two primary concerns: ensuring the defendant will return for their court dates and ensuring the safety of the community. The key factors include:
- Ties to the Community: [00:00:51] The court will look at how established you are in the local area. Do you have a steady job? Do you own a home? Do you have family in the area? Strong community ties suggest you are less of a flight risk.
- Prior Criminal History: [00:00:57] Your past record plays a significant role. A history of convictions, especially for similar offenses, may lead to a higher bond.
- History of Failing to Appear: [00:01:02] This is one of the most heavily weighed factors. If you have previously missed court dates, the court will see you as a high flight risk and will likely set a much higher secured bond to ensure your future appearance.
[00:01:09] Understanding these factors is crucial, as an experienced attorney can present evidence and arguments related to each of them at a bond hearing to advocate for the most favorable conditions for your release.
There are, generally speaking, three different types of bonds that you might be given when you are charged with a criminal offense. The one given the most often to people with no criminal history who are charged with a minor infraction is called a written promise to appear. Essentially, it is a written statement saying you will come to court on a proper day and at the proper time. If you fail to do so, the court will issue a failure to appear, bring you into court, and likely issue you a new bond.
The second type of bond is an unsecured bond. The Magistrate or Judge will issue you a dollar amount, which you will not owe unless you fail to come to court. So, with both of these types of bonds, if you show up in court, you don’t pay anything.
The third type of bond, a secured bond, is usually reserved for serious offenses or those with a history of not coming to court. In this case, you must pay your bond upfront but will be repaid the bond amount upon completion of all court appearances.
What You Need to Know About Secured Bonds and Bondsmen
If you or a loved one has received a letter from a bondsman about a secured bond, you might be wondering what it all means. Let’s break it down.
A secured bond is a type of bail where you must pay cash to the state before being released on your own recognizance, prior to your court proceedings. For example, if a magistrate judge sets a $10,000 secured bond, you’d typically need to pay that full amount upfront. The good news? If you attend all your court dates and handle everything properly, you get that $10,000 back when the case ends.
But what if you don’t have $10,000 lying around? That’s where a bondsman comes in. A bondsman offers a solution by charging you a fee—usually around 10% of the bond amount. So, for a $10,000 bond, you’d pay the bondsman $1,000. In return, they put up the full $10,000 to the state on your behalf. The catch? That $1,000 is theirs to keep, even if your case resolves successfully.
This can be a huge advantage, especially for larger bonds like $250,000. Very few people have that kind of cash readily available, and the ability to secure your release before trial is critical. Statistics show a staggering difference in criminal defense outcomes between those who get pretrial release and those who don’t—making a bondsman an important part of the justice system.
So, if you’re facing a secured bond and need help navigating your options, consider reaching out to a trusted resource like Dummit Fradin. Your pretrial release could make all the difference.