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In
North Carolina, we have two levels of trial court that deal with
criminal cases, including traffic matters: Criminal District Court and
Criminal Superior Court.CRIMINAL DISTRICT COURT
Criminal District Court has original jurisdiction over
everything from traffic matters to serious felonies and even murder
charges. However, District Court is primarily where misdemeanors are
resolved and probable cause hearings for felonies are heard. District
Court is the busiest court and there are generally several hundred
criminal matters on the docket at each session. Matters that we handle
in Criminal District Court are:
DRIVING WHILE IMPAIRED
Driving While Impaired is a Class 1 Misdemeanor but since it is
sentenced according to different rules than other misdemeanors you
should know that a DWI carries up to 2 years imprisonment in the
Department of Corrections.
Driving While Impaired is sentenced according to mitigating and
aggravating factors.
Driving While Impaired convictions result in license revocation
and increased insurance premiums.
TRAFFIC CASES THAT WILL RESULT IN LICENSE REVOCATION
Driving While License Revoked - 1 year revocation.
Driving While License Revoked - Second Offense - 2 year
revocation.
Driving While License Revoked - Third Offense - Permanent
Revocation.
Any kind of moving violation while license revoked- Additional
revocation for one year, two years or permanently, depending on
whether it is your first, second, or third offense.
A hit and run involving personal injury - one year.
Two convictions of reckless driving in any twelve month period -
one year revocation.
Death by motor vehicle - one year revocation.
Accumulation of twelve points within three years or eight points
within three years following reinstatement - 60 days to 1 year
revocation.
Conviction of speeding over 55 miles per hour twice in any twelve
month period - six month suspension.
Speeding over 55 miles per hour and 15 miles per hour over the
posted speed limit - 30 day suspension for first offense.
DOMESTIC VIOLENCE
North Carolina has taken a strong position on domestic violence cases
and the definition of domestic violence includes acts against your
spouse, girlfriend, family member or anyone with whom you have lived.
Some domestic violence cases we handle in District Court include:
Assault on Female. This charge is a class A1 misdemeanor and
carries a maximum possible sentence of 150 days incarceration in the
North Carolina Department of Corrections. Conviction of this offense
may make it a Federal Felony for you to own a firearm.
Simple Assault. This is your garden variety dust up. It is a class
2 misdemeanor and carries a possible maximum sentence of 60 days
incarceration in the Department of Corrections.
Communicating threats. This class 1 misdemeanor consists of
threats of death, serious bodily injury, or damage to property
communicated by the defendant to a person who reasonably believes the
defendant will carry out the threat. Conviction on this charge carries
a maximum possible sentence of 120 days in the Department of
Corrections.
Domestic Criminal Trespass. Charge involving the trespass of one
partner onto property that has been set aside by court order for the
other party.
In many cases involving domestic violence, a good lawyer can help the
parties settle the underlying dispute and convince the District Attorney
to dismiss the charges at the request of the prosecuting witness. If
this cannot be accomplished, then you should definitely have a good
attorney to vigorously defend you against these charges that can land
you in jail, on probation, in anger management classes at the mental
health center, and can have a lasting effect on your life and your job
opportunities.
PROPERTY CRIMES
Property crimes include trespass, and injury to real and personal
property. They are offenses against the property of another. Usually
these are private warrants and they are often riddled with mistakes that
a good lawyer can exploit.
LARCENY, FRAUD AND CRIMES OF DECEIT
Larceny. Many larceny offenses are misdemeanors and often they are
improperly charged.
Shoplifting. Also known as concealment of goods. Requires the
state to produce a store witness and maybe a tape of the purported
taking and hiding of property. The store’s loss control people will
always try to get you to make a statement admitting guilt so that they
may be able to avoid the trouble of coming to court. We put them to
the trouble . . .and we very often win.
Simple Worthless Check. Did you know that if you
simply pay off the worthless check to the County Clerk’s office that
you are pleading guilty? And did you know that each charge of
worthless check can cost you $100.00 in court costs, even if the check
was for $5.00? We can get those checks consolidated in most cases so
that you only pay one court cost.
MISDEMEANOR ALCOHOL AND DRUG OFFENSES
Possession of Alcohol by Minor. Where did the minor possess it?
Did the police have a right to detain, seize and search the minor? Can
we win the case or will we work with the young client to get him
treatment a better disposition from the D.A. and the judge? We may be
able to get this client a deferred prosecution agreement that will
eventually result in a dismissal of the charge.
Possession of Marijuana or Drug Paraphernalia. These charges can
endanger a client’s chances of getting into a good school and of
getting or keeping a good job. There are a number of ways that we can
eliminate or reduce the impact of these charges - from trying the case
out to, succeeding on a motion to suppress improperly seized evidence,
to a deferral under Chapter 90-96 of the North Carolina General
Statutes.
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WOULD YOU LIKE TO CONTACT US ABOUT YOUR CASE?
Just drop us an e-mail or give us a call. We can handle most
tickets over the phone and through the mails and the fax machine.
For more complex cases, we will be happy to schedule you an
appointment in our office for a free consultation.
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CRIMINAL SUPERIOR COURT
Criminal Superior Court is where all felonies and appeals of district
court misdemeanor convictions are tried. If you are charged with an
offense that lands you in Superior Court, your chances of either being
placed on supervised probation (with many difficult requirements) or
being sent to prison if convicted are almost certain.
Some, but not all, of the types of cases that Art Blue handles
in Superior Court include:
HOMICIDE
This broad category covers
from capital murder to manslaughter. I am qualified through the IDS
commission as first chair counsel for death penalty cases. Most
individuals facing the death penalty end up having two lawyers appointed
to them because the cost of mounting a defense in a death penalty case
is too high for all but the wealthiest individuals.
SEX OFFENSES
Sex offenses include charges of rape, both forcible and statutory,
indecent liberties with minor, and a variety of other offenses specific
to the conduct charged. No other type of charge can so thoroughly
destroy a person’s reputation while subjecting him to the possibility of
a lengthy prison term. These charges must be fiercely defended from the
day they are brought against the client, through a probable cause
hearing and a Superior Court trial.
LARCENY, EMBEZZLEMENT, FRAUD
Larceny in Superior Court includes the theft of large amounts of
money or of big ticket items - like automobiles, and charges of stealing
by employees and others who hold positions of trust. Embezzlement is
similar to larceny by employee, but broader in definition since it
includes anyone who has a duty to handle someone else’s money or
property. Often, we see that when money comes up missing from a family
business, the one who ends up charged is the one employee who is not a
member of the family.
For these kinds of cases, you need a lawyer who is not afraid to dig
into dry financial records and trace the funds. District Attorneys hate
these kinds of cases because they require tremendous work and a lot of
figures.
BURGLARY
Burglary is breaking and
entering an occupied dwelling at night. It is one of the most serious
charges that can be filed and was once punishable by the death penalty.
FELONY DRUG CHARGES
The North Carolina General Assembly and the Congress of the United
States seem to pass new State and Federal drug laws every time they have
a session. There are no "minor" drug offenses anymore. State and Federal
officials are constantly working together to apprehend even smalltime
users of controlled substances. Often, "confidential sources of
information" are used to sting people in undercover drug buys. If you
are charged with a felony drug offense, you need an experienced attorney
to review your case and give you the best defense possible.
HOW DO I SET UP AN APPOINTMENT TO DISCUSS MY CRIMINAL
CASE?
If you or a loved one are
charged with a crime and don’t know where to turn, give us a call toll
free at (800) 987-4325 or (910) 947-1500. Your initial consultation is
free. We have the knowledge and experience to review your case, explain
the process, and give you reasonable expectations for what will
eventually happen with your case. That kind of information will make a
very difficult time more bearable for you and your friends and family.
Arthur M. Blue Law Office, P.A. is located in Carthage
and Asheboro, NC. Call us today
for a consultation and evaluation of your criminal law case. We
will fight for you to make sure your rights are protected and that you
are represented properly.
________________________
Addiction and
Recovery / Appeals / Arraignment / Bail
/ Clearing a Record /
Criminal Deportation / Drunk Driving / Federal
Crimes / Juvenile Law
/ Money Lenders /
Murder / Robbery / Sentencing / Traffic School
/ Trial / White Collar
Crimes
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©
Arthur M. Blue Law
Office, P.A., Carthage & Asheboro, North
Carolina Attorneys at Law
Durham, Chapel Hill, Research Triangle Park, Troy, Asheboro, High Point,
Rockingham, Albemarle, Pittsboro, Siler City, Raeford, Sanford, Cameron,
Pinehurst, Robbins, Laurinburg, Carrboro, Roxboro
Concentrating in Personal Injury Law, Family Law, Bankruptcy, Criminal Defense
Law, Civil Litigation, North Carolina Traffic
Law
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