Criminal Defense Attorneys

Experienced North Carolina Criminal Defense Lawyers Providing Help and Guidance to Accused Individuals in Greensboro

Facing accusations or criminal charges can profoundly affect your life. Convictions can lead to penalties that may include fines, incarceration, or even longer prison terms. Beyond legal consequences, criminal convictions also have significant repercussions on your employment opportunities, housing choices, and relationships with family. It is important to be aware of the possible consequences of a conviction as you consider your options to address these criminal allegations. Our skilled and experienced Greensboro criminal defense attorneys can help you navigate criminal law matters, whether you face charges for a state or federal crime in North Carolina.

Engaging with a North Carolina criminal defense attorney at the earliest indication of potential criminal charges is a critical step in safeguarding your rights, your future, and your opportunities. The value of working closely with a skilled attorney from the onset cannot be overstated, as it sets the foundation for a robust defense strategy and significantly alleviates the legal burden and stress associated with facing criminal charges.

Because we recognize the importance of immediate legal counsel, ER Law offers free consultations for criminal law clients. This provides you with an opportunity to understand your legal options and to carefully envision a plan for strategic legal representation without upfront initial financial commitment. Note that we can sometimes intervene early in the process, potentially reducing or preventing charges if we have an opportunity to negotiate with prosecutors. This underscores the importance of promptly contacting a defense attorney. Your criminal defense lawyer can then work in an effort to mitigate severe penalties throughout your case, while protecting your rights and guiding you through the complex criminal justice system in North Carolina.

The stakes are high in criminal proceedings, and securing the services of an experienced North Carolina criminal defense attorney is essential for someone facing criminal charges or allegations. Contact us today to schedule a free consultation so we can address the unique details of your case, provide you clear direction with a tailored legal strategy, and help you seek peace of mind during a tumultuous period.

Key Takeaways We Address Below Regarding Criminal Defense Cases and Concerns in North Carolina

• At ER Law Trial Lawyers, we defend our clients in Greensboro, North Carolina against many types of criminal charges.
• How to respond to traffic citations in Greensboro, North Carolina.
• What you need to know about DWIs in North Carolina.
• The different assault offenses and common penalties in North Carolina.
• Understanding the distinctions among theft-related charges: Larceny, Fraud, and Embezzlement.
• Types of North Carolina drug offenses and their common consequences.
• How to approach weapons charges in North Carolina.
• Classifications and consequences of sex offenses in North Carolina.
• Probation violation procedures differ from the processes for defending against criminal charges in North Carolina.
• The right and wrong actions to take when you may be facing criminal charges in North Carolina.
• Distinguishing misdemeanors from felonies and knowing their implications.
• How the criminal defense attorneys at ER Law Trial Lawyers can help you if you may be charged with a criminal offense in Greensboro, North Carolina.

Types of Criminal Law Cases We Handle at ER Law Trial Lawyers

Our criminal defense trial attorneys are experienced in defending clients charged with misdemeanors and serious felonies, including the following practice area focuses:

• Traffic Citations
• Driving While Intoxicated (DWI)
• Assault
• Theft-Related Charges (Larceny, Fraud and Embezzlement)
• Drug Crimes (Drug Possession, Distribution, and Trafficking)
• Weapons Charges
• Sex Offenses
• Probation Violations
• Expungement

Contact us to schedule a free consultation if you’ve been accused or charged of a crime, and our experienced North Carolina lawyers will work diligently to protect your rights and interests.

Traffic Citations — Defending Against Threats to Your Driving Privileges and Increased Insurance Rates

Traffic citations can be a major hassle. While it might appear simpler to settle your traffic ticket online or via mail, this approach could work against you. Certain traffic offenses or speeding tickets can lead to the loss of your driving privileges, heightened insurance premiums, or the imposition of unnecessary fines. Consulting with a skilled North Carolina attorney practicing criminal law can help you to avoid serious pitfalls in traffic matters while also streamlining the process for you, which can ultimately save you time and money.

Our experienced criminal defense lawyers can help mitigate the immediate repercussions of a traffic ticket, while working to protect your driving record and financial interests over the long term. An attorney at our firm can assist your throughout the process of defending against a traffic citation:

• Assessment of the Citation: Your attorney can evaluate the specifics of your case, including the citation itself and the circumstances under which it was issued, to determine the right course of action.
• Legal Knowledge and Strategy: Familiarity with North Carolina traffic laws allows an attorney to develop a tailored strategy that may include challenging the officer’s observations, the accuracy of speed detection equipment, or the procedural aspects of your case.
• Evidence Gathering: Our skilled attorneys gather crucial evidence to support your case, such as traffic camera footage and police reports, which might be pivotal in contesting the citation.
• Negotiation with Prosecutors: Our attorneys can often negotiate with prosecutors to reduce the charges, potentially leading to lower fines, reduced points on your license, or even seek dismissal of the citation in exchange for attending a driving course.
• Representation in Court: If your case goes to court, having an attorney represent you can significantly increase the likelihood of a favorable resolution. Our lawyers can present your case, argue on your behalf, and navigate the complexities of the courtroom.
• Advice on Long-term Consequences: An attorney can advise you on the potential long-term implications of your traffic citation, including impacts on your driving record and auto insurance rates, helping you make informed decisions.

Handling traffic citations in North Carolina can be more complex than it seems, and the consequences of a traffic ticket can extend beyond a simple fine — potentially affecting your insurance rates and driving privileges. Let us provide you invaluable assistance in navigating the legal issues surrounding traffic citations, taking a strategic approach to minimize the impact on your life. Request your free consultation today to begin strategizing to fight your traffic ticket.

DWIs — Challenging Evidence and Negotiating Charges in Driving While Impaired Cases to Mitigate Consequences

A DWI conviction (Driving While Impaired) carries severe repercussions, whether the alleged behavior involves alcohol or another substance. DWI convictions may lead to hefty fines, license suspension, probation, or even imprisonment. It’s crucial to work with an experienced criminal defense lawyer to meticulously analyze every detail of your DWI case and develop a defense strategy that’s uniquely tailored to your needs. Navigating a DWI charge in North Carolina presents a formidable challenge, but our experienced criminal attorneys are prepared to guide you.

Your DWI defense attorney can assist you in your case throughout the following steps:

• Case Evaluation: An experienced DWI attorney will first conduct a thorough review of your case, examining the circumstances of the arrest, the legality of the traffic stop, the administration of field sobriety tests, and the accuracy of any breathalyzer or chemical tests conducted.
• Legal Representation: Having legal representation protects your rights throughout the court process. An attorney can speak on your behalf, present evidence, and argue legal points that may not be apparent to those without legal training.
• Plea Negotiations: In some cases, your attorney may be able to negotiate with prosecutors for a lesser charge or for alternative sentencing options that might not involve jail time, such as substance abuse treatment programs or community service.
• Challenging Evidence: Experienced DWI attorneys know how to challenge the prosecution’s evidence, including the reliability of breathalyzer tests, the proper conduct of law enforcement officers, and other technical aspects that could affect the validity of the DWI charge.
• License Suspension Hearings: An attorney can represent you in hearings before the Department of Motor Vehicles regarding the suspension or revocation of your driver’s license, advocating for the retention or restoration of your driving privileges.
• Trial Representation: If your case goes to trial, an attorney can develop and execute a defense strategy, question witnesses, and introduce evidence aimed at seeking a not guilty verdict.

An experienced criminal lawyer is invaluable to avoid the severe potential consequences of a DWI. Your attorney may pursue dismissal, reduced charges, or lighter sentencing on your behalf. Each case involves different facts, circumstances, and opportunities for your legal strategy. Time is of the essence in criminal cases, so you should promptly contact an experienced DWI attorney to assess the unique details of your case. At ER Law, we provide free consultations for DWI defense clients, so contact us today to begin protecting your future.

Assaults — Ranging from Threats to Bodily Injury with a Deadly Weapon

In North Carolina, assault allegations or charges can carry serious consequences and significantly impact the life of the accused. The state recognizes various types and degrees of assault, each with its own legal implications and potential penalties. An experienced attorney can provide you invaluable assistance in navigating these complex legal waters, advocating for your rights, and working towards a favorable resolution.

Types and Degrees of Assault in North Carolina

Charges under criminal law in North Carolina vary based on the circumstances of the alleged assault. Factors such as actual physical harm, a domestic violence context, or use of weapons can exacerbate charges.

• Simple Assault: Involves minor physical contact or threats of violence without serious injury, classified as a Class 2 misdemeanor.
• Assault on a Female: A male over 18 years of age committing assault on a female; this is considered a Class A1 misdemeanor.
• Assault Inflicting Serious Bodily Injury: Leads to serious injury to another person and can be charged as a felony, depending on the circumstances.
• Assault with a Deadly Weapon: Can be charged as a misdemeanor or felony, with penalties increasing if the assault inflicts serious injury or is with intent to kill.

How an Attorney Can Help You Navigate Your Assault Case in North Carolina

• Evaluation of the Case: An attorney will thoroughly review the facts of your case, including the charges against you and the circumstances of the alleged assault, to determine the right defense strategy.
• Legal Guidance: Provides advice on the legal process, your rights, and the potential case resolutions, helping you make informed decisions at every step.
• Defense Strategy: Depending on the case, strategies may include challenging the credibility of the evidence, negotiating plea deals, or arguing self-defense or defense of others.
• Negotiation with Prosecutors: An experienced attorney may negotiate with prosecutors to reduce charges or penalties, potentially leading to lesser sentences or even dismissal in some cases.
• Representation in Court: Offers skilled representation in court, presenting your case effectively, cross-examining witnesses, and arguing on your behalf to pursue a favorable resolution.

Assault charges are taken very seriously in North Carolina. Such charges can lead to a criminal record or imprisonment. Some assault cases can be resolved through negotiations with the complaining witness and prosecutor, while others necessitate thorough investigation and diligent preparation of defenses. You should work closely with your defense attorney to promptly collect evidence after being accused, as this is vital to building a strong case. ER Law is committed to preparing a robust defense for our clients. Contact us to discuss your case during a free consultation.

Theft-Related Charges: Larceny, Fraud, and Embezzlement

Charges of theft can arise from a variety of circumstances, including poor judgment, accidental actions, mistaken identity, or unfounded allegations. The severity of these charges can vary widely, from misdemeanors to felonies, and a conviction may lead to penalties such as fines, incarceration, and the lasting impact of a criminal record. Our attorneys represent clients facing criminal matters ranging from minor offense charges to various misdemeanors and felonies, including white collar crimes.

In North Carolina, theft-related allegations or charges encompass a variety of offenses, each with distinct legal definitions and implications. These include larceny, fraud, and embezzlement, which can lead to serious consequences upon conviction. An experienced local criminal defense attorney plays a crucial role in defending against such charges, leveraging legal knowledge to potentially reduce the severity of penalties or seek a dismissal of charges. Below, we provide an overview of how an attorney can assist with each type of theft-related offense in North Carolina.

Larceny

In North Carolina, larceny involves the unlawful taking of someone else’s property without consent, with the intent to permanently deprive the owner of its possession. Larceny is classified based on the value of the property taken: if the property is valued at more than $1,000, it is considered a Class H felony; otherwise, it is generally charged as a misdemeanor. An attorney can challenge the evidence regarding the value of the property or the intent to permanently deprive, which are key elements of a larceny charge.

Fraud (Obtaining Property by False Pretenses)

Fraud in North Carolina often involves gaining possession of property by false pretenses, which includes using deceit or misrepresentation to acquire someone else’s property. This is typically charged as a felony, with penalties varying based on the value of the property and other factors. An attorney can help by questioning the evidence of deceit or the defendant’s intent, and negotiating plea deals when appropriate.

Embezzlement

Embezzlement occurs when someone who is entrusted with someone else’s property or money appropriates it for their own use. Like larceny, embezzlement charges and their severity depend on the value of the property involved, but given the breach of trust element, embezzlement is often treated more harshly. Public officials and other persons in positions of trust may face specific charges under this category. Defense strategies may focus on the defendant’s authority over the property and their intent.

How an Attorney Can Help You When Facing Theft-Related Charges in North Carolina

• Case Evaluation: An attorney will assess the specifics of the case, including the charges and the circumstances of the alleged offense.
• Legal Representation: Provides knowledgeable representation in court, ensuring the defendant’s rights are protected throughout the legal process.
• Defense Strategy Development: Develops a tailored defense strategy, which might include challenging the prosecution’s evidence or negotiating for lesser charges.
• Negotiation and Plea Bargaining: Experienced attorneys may negotiate with the prosecution to reduce charges or penalties, often leveraging weaknesses in the prosecution’s case.
• Trial Representation: If a case goes to trial, an attorney will argue on behalf of the defendant, cross-examine witnesses, and present evidence to support the defense.

If you’re facing a theft-related accusation, it’s crucial to consult with an attorney who will attentively listen to your account of the events and promptly take action to compile evidence in your defense and prepare an appropriate legal strategy to protect your future. The skilled defense attorneys at our Greensboro law firm are prepared to assess your situation and help you carefully plan the right next steps. Request a free consultation with our experienced North Carolina advocates.

Drug Crimes: Drug Possession, Distribution and Trafficking

In North Carolina, drug crimes — including drug possession, drug distribution, and drug trafficking — carry significant legal implications that can vary widely depending on the type of drug, the amount involved, and the nature of the drug charges. The state’s drug laws classify controlled substances into schedules (I-VI) with Schedule I drugs being considered of the highest danger and having no recognized medical value.

Facing a drug-related offense carries significant consequences, and each charge is serious. In North Carolina, convictions for drug offenses range from monetary fines to extensive prison terms. Regardless of whether the charge is for possessing a minor quantity of marijuana or for drug trafficking, it is key to have a defender who can effectively contest the State’s evidence and aim to mitigate the repercussions.

Drug Possession

Generally, possession of a controlled substance can be charged as a misdemeanor or felony, depending on the drug’s schedule and the amount possessed. For example, possession of small amounts of Schedule VI drugs (e.g., marijuana) is typically a misdemeanor, while possession of Schedule I drugs (e.g., heroin, MDMA) can lead to felony charges.

Drug Distribution and Trafficking

Distribution involves the sale or delivery of controlled substances, which can be charged more severely than simple possession. Trafficking, which usually involves larger quantities of drugs, carries mandatory minimum sentences that increase with the amount of the drug. For instance, trafficking in heroin or cocaine can lead to significant prison time, even for first-time offenders.

How a Criminal Defense Attorney at ER Law Can Help if You May Be Facing Drug-Related Charges in Greensboro, North Carolina

• Case Analysis: A knowledgeable criminal lawyer will thoroughly review the facts of your case, including the legality of any search and seizure, the accuracy of drug classifications, and the weight of the substances involved.
• Defense Strategy: Depending on the specifics of your criminal drug case, strategies may include challenging procedural errors, questioning the evidence’s validity, or arguing for mitigating circumstances that could reduce the severity of penalties.
• Plea Negotiations: Experienced criminal defense attorneys often negotiate with prosecutors to seek lesser charges or alternative sentencing options, such as drug treatment programs instead of incarceration.
• Trial Representation: If your case goes to trial, having skilled legal representation is crucial. An attorney will present your defense, cross-examine witnesses, and work to secure a not-guilty verdict.
• Providing Guidance on Long-term Consequences: Beyond immediate penalties, drug convictions can have lasting effects on employment, education, and housing opportunities. A criminal defense lawyer can advise on these broader impacts and work to minimize them.

An experienced North Carolina defense attorney’s knowledge and guidance can significantly help your drug-related case, potentially reducing charges, seeking alternative sentencing, or pursuing a dismissal. Our team comprises seasoned criminal defense attorneys dedicated to pursuing your interests and protecting your rights and future. Contact us today to request a free consultation so we can help you navigate these complex criminal cases and defend your future.

Weapons Charges: Illegal Carrying, Discharge, Transportation, or Transfer of a Firearm

Weapons charges in North Carolina encompass a wide range of offenses that can carry significant legal consequences. These charges can vary from misdemeanors, such as carrying a concealed weapon without a permit, to felonies, including possession of a firearm by a felon or discharging a weapon in an enclosed space.

Improper weapon handling can lead to criminal charges, potentially involving fines, probation, or incarceration. If your weapon charge coincides with other criminal activities, it could lead to an extended jail or prison term. Facing such charges can profoundly impact your future if not addressed correctly. Our North Carolina criminal defense lawyers can help you address these serious criminal matters.

Types of Weapons Charges in North Carolina

The following are some notable types of crimes involving weapons in North Carolina:

• Carrying a Concealed Weapon: In North Carolina, carrying a concealed stun gun, bowie knife, dagger, or other weapons specified in the state’s laws without a permit is considered a Class 2 misdemeanor.
• Possession of a Firearm by a Felon: Individuals convicted of a felony are prohibited from possessing a handgun, whether openly or concealed, which can lead to serious felony charges.
• Discharging a Weapon Indoors: Firing a gun inside a building can lead to a Class F or Class E felony, with penalties depending on the circumstances of the offense.
• Unlawful Possession, Illegal Transfer, and Transportation of Firearms: These offenses include various illegal activities related to firearms and can range from misdemeanors to felonies, based on the specific violation.

There are various classes of places where dangerous weapons are not allowed, such as on school property, at school events, at places where alcohol is consumed or sold, at events like parades, funeral processions, or demonstrations, and at many government properties such as courthouses and facilities for law enforcement or corrections. Additionally, notices may be posted on private property to prohibit concealed handguns.

Convicted felons are not the only class of people who cannot legally have a firearm in North Carolina. Individuals convicted of a domestic violence misdemeanor or felony are likewise barred from having a gun.

Carrying a concealed weapon while drinking or while under the influence of a controlled substance is prohibited in North Carolina. Minors (individuals under the age of 18) are prohibited from having a handgun, with some exceptions for hunting, educational, or recreational activities under adult supervision. All children under age 12 are prohibited from accessing dangerous firearms without adult supervision.

How an Experienced Defense Attorney Can Help You Navigate Weapons Charges in North Carolina

Our lawyers can guide you throughout the following aspects of your criminal weapons legal case:

• Evaluation of Your Case: An experienced criminal attorney will thoroughly assess the charges and the circumstances leading to the arrest, evaluating the legality of any searches, seizures, or evidence collected.
• Legal Defense Strategy: Based on the evaluation, your criminal defense lawyer will develop a defense strategy that may involve challenging the constitutionality of the stop or the possession claims, among other defenses.
• Negotiation with Prosecutors: Your lawyer may negotiate with prosecutors to reduce charges, seek alternative sentencing, or even pursue a case dismissal in certain situations.
• Representation in Court: If the case goes to trial, having a skilled attorney to articulate your defense, question witnesses, and present evidence is crucial in pursuit of a favorable resolution.
• Guidance on Legal Implications: A criminal defense lawyer can provide insight into the long-term implications of a weapons charge conviction, including impacts on employment, housing, and future gun ownership rights.

The potential severity of penalties for weapons charges in North Carolina includes substantial fines, imprisonment, and lasting impacts on one’s legal record and rights. Securing knowledgeable legal representation is essential. At ER Law, our attorneys have experience defending clients against a variety of weapons charges, and we will work to protect your rights. Begin your strategy by requesting a free consultation.

Sex Offenses — Defending Against Allegations with Serious Consequences

In North Carolina, charges for sex offenses encompass a broad spectrum of crimes, each associated with severe legal and societal repercussions. These offenses range from first-degree statutory sexual offense, a Class B1 felony involving a victim under the age of 13, to lesser but still serious charges such as sexual exploitation of a minor or child molestation.

Convictions can lead to long prison sentences, mandatory registration as a sex offender, and profound personal and professional consequences. Given the gravity of these potential case resolution scenarios, the role of an experienced attorney is critical in defending against such charges.

Categories of Sex Offenses in North Carolina Criminal Law

While the range of sex offenses in North Carolina is very broad with varying degrees and classifications, the following are some notable examples:

• Forcible rape
• Statutory rape
• Forcible sexual offense
• Statutory sexual offense
• Sexual battery

The details of the parties involved in the alleged incident can also affect the categorization of criminal charges that may be applicable, such as in the case of a parental, custodial, or teacher-student relationship. Discuss your specific circumstances with your criminal defense attorney to determine the potential consequences of a conviction.

How an Experienced Attorney Can Help You When Facing Sex Offense Charges in North Carolina

There are severe implications for sex offense charges in North Carolina, and securing experienced legal counsel is paramount. Our criminal defense attorneys can guide you throughout your case:

• Case Evaluation: An experienced criminal lawyer at our firm will conduct a comprehensive review of the case, scrutinizing the evidence, the circumstances of the arrest, and any procedural errors that could impact the resolution of the case.
• Legal Representation: Our attorneys provide representation throughout the legal process, towards ensuring the accused’s rights remain protected, especially in cases that attract significant public and media attention.
• Defense Strategy Development: Strategies may include challenging the credibility of evidence, negotiating plea deals to reduce charges, or asserting defenses such as consent (where applicable) or mistaken identity.
• Plea Negotiations: In some cases, your criminal defense lawyer might negotiate with prosecutors to secure a plea deal that lessens the charges or penalties, potentially avoiding the need for trial.
• Trial Advocacy: Our criminal defense attorneys are skilled in courtroom procedures, and can present a strong defense on behalf of the accused — including questioning witnesses and challenging the prosecution’s case.
• Post-Conviction Assistance: Even after a conviction, your attorney can help with appeals, seeking reductions in sentencing, and providing guidance on navigating life as a registered sex offender.

Our criminal defense attorneys are experienced in these cases and can offer you the necessary support to help you navigate these challenging legal waters, striving to pursue a favorable resolution under the circumstances. Request a free consultation to begin planning an appropriate legal strategy.

Probation Violations — Legal Representation Seeking to Avoid Harsher Sentencing

Navigating probation can be challenging, and a violation can significantly increase your risk of facing jail or prison time. Once a probation violation is reported, the decision to continue, terminate, or revoke your probation rests in the hands of a judge. A violation of probation in North Carolina can lead to severe consequences, including the possibility of serving the original jail or prison sentence that probation had initially suspended. The process and implications of facing a probation violation charge are complicated, and having a skilled attorney is crucial in this scenario.

Our criminal defense lawyers at ER Law Trial Lawyers can help you navigate the complexity of probation violation procedures:

• Understanding the Violation: Probation violations in North Carolina can occur either due to technical violations, such as failing to meet with a probation officer or not completing court-ordered programs, or from new criminal charges. An experienced attorney can help clarify the nature of the alleged violation and its potential impact on your probation status.
• Representation at Hearings: Probation violation hearings differ significantly from other court proceedings, with judges having broad discretion in determining legal decisions and case resolutions. Our skilled attorneys can represent you at these hearings, presenting evidence and arguments that support your case, and advocating for alternatives to incarceration — such as extended probation or additional conditions rather than revocation.
• Negotiation with Prosecutors: Before or during the hearing, your attorney may negotiate with prosecutors to seek an agreement that could mitigate the consequences of the violation. This might include proposing rehabilitation measures or other non-custodial options.
• Strategic Criminal Defense: Our experienced criminal defense lawyers will develop a defense strategy tailored to the specifics of your case. This could involve demonstrating compliance with other terms of probation, showing efforts made towards rehabilitation, or disputing the alleged violation’s circumstances.
• Guidance Through the Process: Navigating the probation system can be daunting. An experienced criminal defense attorney at our firm can offer you invaluable guidance throughout the process, while ensuring you understand your rights and options at every step.

Experienced legal representation can make a significant difference in a probation violation case, potentially avoiding the activation of a suspended sentence and helping to maintain or modify probation status. Our experienced criminal defense attorneys can effectively represent your interests by presenting your unique circumstances to both the probation officer and the judge.

Expungements — Taking Steps to Protect Your Future Following a Criminal Conviction or Charge

A criminal charge or conviction can cast a long shadow over your future, impacting your opportunities in education, employment, and housing. Fortunately, there may be an option to remove — or expunge — this blemish from your permanent criminal record.

In North Carolina, expungement (also known as expunction) is a legal process that removes a criminal conviction or charge from a person’s record, effectively sealing or destroying the state’s records of the arrest, charge, or conviction. This process provides individuals with a fresh start, allowing them to pursue opportunities without the burden of a past criminal record.

Circumstances for Expungement in North Carolina

• Age-Related Offenses: Juvenile records and crimes committed before the age of 18 or 22 may be eligible for expungement under specific conditions.
• First-Time Offenses: Nonviolent misdemeanors or felonies committed by first-time offenders can sometimes be expunged, provided certain criteria — including waiting periods — are met.
• Non-Convictions: Charges that were dismissed or led to a “not guilty” verdict are generally eligible for expungement without a waiting period.

North Carolina criminal law outlines various types of expunctions (expungements), each with its own set of requirements. The specific eligibility criteria can include the nature of the offense, the age of the individual at the time of the offense, and the completion of any waiting period or probationary terms.

Implications of a Successful Expungement in North Carolina

A successful expungement in North Carolina means that the expunged charge or conviction is removed from public records, and the individual can legally deny or fail to acknowledge the incidents covered by the expunged record in the majority of situations. This can have profound implications for employment, education, housing, and other opportunities that might be limited by a criminal record.

Taking Steps Towards Ensuring Expunged Records Do Not Limit Opportunities

To ensure that expunged records do not continue to limit opportunities, individuals should:

• Secure a copy of the expungement order.
• Verify with local courts, law enforcement, and the North Carolina State Bureau of Investigation (SBI) that the records have been expunged.
• Be aware that certain agencies, especially federal entities, may still have access to expunged records under specific circumstances.

In North Carolina, expungement and sealing are closely related, and in many contexts, the terms are still used interchangeably when referring to the removal of a criminal record. Expungement differs from sealing a record or setting aside a conviction in that it aims to completely erase the legal record of the offense as if it never occurred, whereas sealing a record may simply restrict who can view the record without erasing it. The similar concept of setting aside a conviction typically does not erase the record, but rather nullifies the legal consequences of the conviction, which may still be visible to certain entities.

Expungement laws in North Carolina are complex, but they often represent the potential for significant positive impact on one’s life. Consulting with an experienced criminal defense attorney is crucial to navigate the expungement process successfully. Contact us to request a free consultation and discuss whether you’re eligible for an expungement.

Protecting Your Rights — What To Do and What Not To Do

Facing criminal allegations or charges in North Carolina can be a daunting experience, with significant implications for your rights and future. It’s crucial to know how to navigate this situation properly.

What You Should Do If You May Be Facing Criminal Charges in North Carolina

There are some essential dos and don’ts when interacting with law enforcement officers and navigating criminal cases in North Carolina:

• Contact an Attorney: As soon as possible after you believe you may soon face criminal charges, consult with a criminal defense attorney experienced in North Carolina law to ensure your rights are protected and you have professional guidance. At ER Law, we provide a free consultation to encourage individuals who may face charges to quickly seek guidance in order to protect their futures. Our attorneys can sometimes take early actions to mitigate serious criminal charges.
• Remain Silent: Exercise your right to remain silent until you have legal representation, as anything you say can be used against you in court.
• Comply with Police Orders: Follow lawful orders from police officers, such as providing identification, but do not consent to searches or answer questions without an attorney present.
• Document Everything: Keep detailed records of all interactions with law enforcement, including dates, times, and the nature of the communication. Coordinate this information with your lawyer.
• Attend All Court Appearances: Make sure to attend every court appearance related to your case, as failure to appear can lead to additional charges or a warrant for your arrest.

Behaviors To Avoid When Potentially Facing Criminal Charges in North Carolina

Knowing the actions to avoid can be immensely helpful in protecting your criminal defense case:

• Don’t Talk About Your Case: Avoid discussing your case with anyone other than your criminal defense attorney; this includes conversations in person, on the phone, or through social media.
• Don’t Resist Arrest: Resisting arrest, even if you believe it to be unlawful, can lead to additional charges. Comply now and contest the arrest through legal channels later.
• Don’t Consent to Searches: Without a warrant, you are generally not required to consent to police searches of your person, car, or home under criminal law in North Carolina. Politely decline unless they have a valid warrant.
• Don’t Ignore Legal Advice: Once you have legal representation, follow your criminal defense attorney’s advice closely. Ignoring legal advice can harm your case and your chances for a favorable resolution.
• Don’t Miss Court Dates: Missing a court appearance can significantly impact your criminal law case in a negative way, likely leading to warrants and further complications.

Navigating criminal charges requires careful action and awareness of your rights. By following these dos and don’ts, you can better protect yourself and your future during this challenging time. Promptly discuss your criminal law questions with an experienced North Carolina criminal defense attorney at ER Law Trial Lawyers during your free consultation to avoid pitfalls and seek to mitigate challenges in your criminal case.

Misdemeanors Versus Felonies in North Carolina

In North Carolina, understanding the distinction between misdemeanors and felonies is crucial for anyone facing criminal charges, as the consequences and legal processes significantly differ between the two categories.

Misdemeanors in North Carolina are Considered Less Severe Offenses Than Felonies

Misdemeanors in North Carolina are categorized into four classes: A1, 1, 2, and 3, with Class A1 being extremely serious:

• Class A1 Examples: Assault on a governmental official, assault with a deadly weapon.
• Class 1 Examples: Larceny, possession of drug paraphernalia.
• Class 2 Examples: Simple assault, trespassing.
• Class 3 Examples: Shoplifting of goods worth less than $50, public intoxication.

Felonies Represent more Serious Criminal Conduct in North Carolina

Felonies are classified from Class A to Class I, with Class A being of the highest severity:

• Class A Felony Example: First-degree murder.
• Class B1 Felony Example: First-degree rape.
• Class D Felony Example: Armed robbery, burglary.
• Class I Felony Example: Possession of a Schedule I controlled substance (drug trafficking varies by substance and quantity).

Consequences of Misdemeanors Versus Consequences for Felonies in North Carolina

There can be stark differences in the penalties for a felony, as compared to misdemeanor cases.

• Legal Consequences for Misdemeanor Convictions: Penalties for misdemeanor charges can include fines, community service, probation, and jail time, typically not exceeding one year.
• Legal Consequences for Felony Convictions: Penalties for a felony range widely, from probation and fines to lengthy prison sentences, including life imprisonment or the death penalty for extremely serious crimes.

The Importance of Legal Representation When Facing Misdemeanor or Felony Charges in North Carolina

Working with an experienced attorney is critical when facing either misdemeanor or felony charges in North Carolina. Whether you face a misdemeanor or a felony in North Carolina, the stakes are high. Securing skilled legal representation as soon as possible is essential for anyone facing criminal allegations in North Carolina.

Our experienced criminal defense attorneys at ER Law can provide you straightforward legal advice, invaluable guidance, and assistance in exploring your options, understanding potential consequences, and implementing strategies to safeguard your interests. We can assess the implications of your specific circumstances and any criminal charges you face during your free consultation.

How a Criminal Defense Attorney at ER Law Trial Lawyers Can Help You

An experienced North Carolina criminal defense attorney plays a crucial role in the defense of individuals facing criminal allegations or charges. Your lawyer’s knowledge and their actions on your behalf can significantly impact your case.

Our North Carolina criminal defense attorneys at ER Law Trial Lawyers help clients with criminal cases in the following ways:

• Legal Guidance: At our law firm, our criminal defense attorneys provide comprehensive legal advice tailored to the specifics of your case, helping you understand the charges, the possible consequences, and the right legal strategies to employ.
• Case Evaluation: Our North Carolina criminal defense attorneys conduct a thorough review of the case against you, including evaluating the evidence, identifying any procedural errors, and determining the viability of potential defenses.
• Discovery Review: Our defense attorneys analyze the discovery material provided by the prosecution to identify weaknesses in their case and gather evidence that could support your defense.
• Representation: Your criminal attorney acts as your advocate in all legal proceedings, from pre-trial hearings to trial, protecting your rights throughout the criminal justice process.
• Plea Negotiations: Your criminal lawyer negotiates with prosecutors on your behalf to potentially reduce charges, lessen penalties, or even seek a dismissal of charges in certain circumstances.
• Trial Preparation: Our experienced North Carolina trial lawyers prepare a robust defense for trial, including gathering evidence, interviewing witnesses, and developing a compelling argument to present before a judge or jury in North Carolina’s trial courts.
• Sentencing Advocacy: In cases where a conviction cannot be avoided, your criminal defense lawyer can advocate for alternative sentencing options such as probation, community service, or rehabilitation programs instead of incarceration.

Engaging an experienced criminal defense attorney as soon as possible is vital for anyone facing criminal charges in North Carolina. At ER Law Trial Lawyers, we aim to promptly provide you with the information you need to make informed decisions towards protecting your future. Contact us today to request a free initial consultation so we can review your case and plan your legal strategy and next steps.

Schedule a Free Consultation with ER Law Trial Lawyers in Greensboro, North Carolina to Discuss Your Criminal Case

Our skilled and compassionate legal team is here to listen to you and answer your questions. We will analyze the details of your situation in order to identify the right approach for your criminal case. Time is of the essence, and we can provide guidance to help you align your priorities accordingly.

An experienced North Carolina criminal defense attorney at ER Law Trial Lawyers can help you understand your options, provide you peace of mind, and direct your next steps while evaluating the details surrounding the criminal offense allegations and planning your case strategy. Call us today at (336) 904-9000(336) 904-9000 or fill out our online form to request a free consultation so we can discuss your case.

For your convenience, we are accessible to discuss your case by phone, over Zoom, or in person at either our Reidsville or Greensboro, North Carolina office. We proudly serve North Carolina residents in both Guilford County and Rockingham County.

Protecting Your Rights.