FAQ

Bail is financial assurance that a defendant will return to court after being released from custody. To be released from custody after your arrest, you must post bail. In some cases the bond is unsecured and you can post simply by a signature bond (a written promise to appear in court). However, you may be required to provide either a secured surety bond (by putting up property, such as a house), or cash. It is often advantageous to hire an attorney to attempt to reduce a bond amount if it is initially set at a very high figure.

A cash bail may be posted with the custodial agency to cover the entire amount of the bail. At the end of the case, if bail is exonerated, the defendant will receive a check for the entire amount posted. If an individual cannot afford to pay the entire amount they have the option to post a bond through a bail company. A defendant in the State of North Carolina typically pays about 10% of the entire amount to a bail company, which puts up the entire bail amount through a bond. However, if bail is exonerated, the 10% is not returned to the defendant because this is the fee he paid to the bail company to post bail on his behalf.

It is always advisable to be polite and cordial when dealing with law enforcement officers. That said, you are not obligated to answer any questions at all and regardless of whether you are innocent or not, it is never a good idea to freely divulge information. Once you are made aware that an investigation is ongoing and you have declined to answer any questions, you should immediately contact a lawyer. A criminal defense attorney will evaluate the circumstances and help make a determination as to whether it would be in your best interests to speak with law enforcement. Keep in mind that law enforcements’ role is to gather evidence that can be used to charge you and successfully convict you. The evidence gathered in the investigation process is crucial, and the less information law enforcement is able to gather, the harder it will be to convict you.

It is common knowledge that people do occasionally get charged with crimes that they actually did not commit. Furthermore, some people who may have committed one crime often get accused of committing additional, and more serious crimes that they are not guilty of committing. Individuals charged with crimes have a constitutional right to an attorney. It is always in your best interest to have a lawyer learn about the accusation(s) and to develop an appropriate strategy for responding to the charge(s). This is advice is just as applicable regardless of whether you are innocent or guilty of any or all accusations.

If you hire an attorney in North Carolina for a traffic ticket then you typically will not be required to appear in court. As long as you sign a Waiver of Appearance, an attorney can appear in court on your behalf to challenge your ticket or negotiate an appropriate plea arrangement. A quality attorney can consistently place you in a position where your insurance premiums and DMV points are not affected, even if you incur multiple citations in a short amount of time.

Sometimes people try to save money by handling their case without an attorney and they often plead guilty to an infraction that ends up costing them much more than what legal fees would have been due to a substantial increase in insurance premiums. Other times people mistakenly request and often obtain a reduction or a ‘Prayer for Judgment’ when that is not what is actually in their best interest. Such a disposition may keep their insurance rates the same in the short term but often leaves an individual vulnerable the next time they receive a ticket, particularly if it is a more serious traffic violation or charge. An experienced lawyer only uses a ‘Prayer for Judgment’ when it is absolutely necessary in an attempt to keep insurance costs and DMV points the same even after a client is cited multiple times in a single year.

If you plead guilty or are found guilty, you could spend up to 150 days of incarceration in North Carolina for many misdemeanor charges. That is just one reason why you want an experienced attorney that knows what options may be available to you, which you might not otherwise be aware of. Additionally, a misdemeanor conviction can also have other severe consequences, and you will likely have to report a conviction on all future job and school applications. Many times, an attorney can also keep you in a position where you can eventually have your record expunged so that the general public will not even be able to observe past charges or convictions.

If you or someone you know has been injured in a motor vehicle accident, hurt in a fall, or have sustained another type of injury, our law firm will likely be able to help. Please feel free to contact us to schedule a consultation and we can then discuss your situation in detail. Negotiating with insurance companies can quickly become a big headache. It is always advisable to have someone on your side that has experience in dealing with this process. It is also in your best interest to have an experienced legal team that can properly file a lawsuit should that become necessary. It you are injured in an accident, we are ready to fight to ensure that you are adequately compensated for every detriment suffered.

Although our office is located in Greenville, North Carolina, we accept criminal and personal injury cases throughout the entire state of North Carolina. For the convenience of our clients, we can even travel to your location to discuss your case with you directly. Please note that our attorneys are licensed to practice law in every county throughout the state of North Carolina.

No. Representing both parties would be a conflict of interest. The attorney can advise only one of the parties. The attorney can, however, draft divorce documents which both parties can sign. That said, while it is not required that you have an attorney to divorce in North Carolina, it is not wise for either party to enter divorce proceedings without the legal guidance of their own attorney.

While North Carolina retains marital fault grounds for spousal support, there is a “no fault” standard for absolute divorce. This means if you are a resident of the state and have separated for more than 12 months, and it is the intent of one spouse to remain separate, you can get an absolute divorce (which means you can remarry, but there may still be issues pending from your separation). While a complaint has to be filed, most divorces are uncontested. Usually, only the party who filed for the divorce testifies. You can also request a “summary judgment” divorce if the parties agree and no one has to appear in court.

No. North Carolina is a no-fault divorce state. You can petition for a divorce without giving a reason, even if the other spouse does not want a divorce.

It usually takes a minimum of 60 days after the claim for absolute divorce is filed for the divorce to become final. However, this step is preceded by 12 months of separation. Each divorce is unique so there may be other factors that take more time to work out. Some divorces are final within the time described here. Other divorces, particularly acrimonious ones, can take longer if the parties don’t agree on the date of separation, or one party contests residency, or one party alleges they have reconciled since they separated among other reasons.

You cannot make your spouse move out of the home unless you get a court order. Each case is unique so you should talk with your attorney to determine your options. If there is an issue of domestic violence and the situation is an emergency, call law enforcement and ask them to remove your abusive spouse from the home – then call an attorney to obtain a Domestic Violence Protective Order and discuss your options for future living arrangements.

Yes. If you are legally separated, your ex cannot demand entry to your home or the marital home. If this “domestic trespass” is a strong probability, it would be advisable to change your locks. You should be aware, however, that your ex will most likely be allowed by the court to return to gather clothes and other personal items at a pre-arranged time.

Yes. Online activity is often used in family court as evidence nowadays. During divorce proceedings, you should use great caution about using social media. Current and previous texts, emails and posts, etc. are discoverable in divorce cases through the discovery process.

For purposes of marital fault, only conduct which occurred prior to the date of separation can be used as marital fault. However, if one spouse can prove the other had a romantic relationship with a third party before date of separation, their activity after the date of separation can be used for corroborative purposes. Generally, it is a good idea to wait at least three months after separation to start dating. If you enter into a new relationship immediately after separation, it just invites the other spouse to assume something was going on before you separated – even if that is not the case. Be aware, however, adultery is still a statutory misdemeanor in North Carolina for any married person who has extra-marital sex. Despite that, the district attorney’s office generally has no interest in criminal prosecution of this statute.

In North Carolina, there is no requirement for you to have a lawyer to get a divorce. However, our state family law statutes are often complex, and the divorce process is rift with potential legal missteps – even for those seeking an uncontested divorce. If you and your spouse have any disagreements on the divorce issues or if you have substantial property or if there are children are involved, attempting to navigate the divorce process without a lawyer could result in you losing important rights and costing you significant money going forward. A skilled family law attorney will significantly affect the positive outcome of your divorce settlement. Also, divorce is an emotional time. Knowing you are legally protected during the process provides security, comfort and decreased stress.