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What should I know?

Criminal defense questions, answered

Straight answers to the questions people ask us most after an arrest or charge in North Carolina. General information, not legal advice.

Questions and plain-language answers

What should I do right after an arrest in North Carolina?

Stay calm, do not resist, and clearly say you want to remain silent and want a lawyer. Then stop talking about your case, including to people in jail, on the phone, or online. Anything you say can be used later.

Do I have to answer police questions?

In most situations you have the right to remain silent, and using that right cannot be held against you. Give your name when required, but you can say something like: I do not want to answer questions without my lawyer present.

What is the difference between a misdemeanor and a felony in North Carolina?

Felonies are the more serious class of crime and can carry prison time, while misdemeanors are generally punished by fines, community service or county jail time. The difference affects your rights, your record and your future, so it is worth understanding exactly what you were charged with.

What happens at my first court appearance?

The first appearance is usually short: the court confirms who you are, tells you the charges, and may address conditions of release or a lawyer. You normally do not present evidence or argue your case that day.

Should I take a plea deal?

A plea deal is a decision that can affect your record, your license, your job and your immigration situation, so it should never be rushed. A defense lawyer can review the evidence against you and explain what the offer really trades away before you decide.

What is the difference between a public defender and a private lawyer?

Public defenders are licensed lawyers who represent people who qualify financially, and private lawyers are hired and chosen by you. Both defend criminal cases. The main difference is who selects the lawyer and how much one on one time you get.

How much does a criminal defense lawyer cost in North Carolina?

Costs vary with the charge, the court, and how much work the case needs. Many defense lawyers charge a flat fee for a specific stage, while others bill hourly. Lawyer profiles on We Shift Legal list fee arrangements when the lawyer has shared them.

Can I get a criminal charge off my record in North Carolina?

Some dismissals and certain convictions can be cleared through expungement, but the rules are strict and depend on the charge, the outcome and how long ago it happened. A lawyer can tell you whether your record qualifies before you pay filing fees.

Will a charge show up on background checks?

Charges often appear on background checks even before a case is resolved, and a pending case can affect jobs, housing and licenses. Resolving the case well, and clearing the record when possible, is why early legal help matters.

I was charged with DWI in North Carolina. What should I know?

A North Carolina DWI carries license consequences, fines and possible jail time, and deadlines for challenging license actions arrive quickly. Evidence such as breath or blood test results can be challenged, so talking with a defense lawyer early protects your options.

These answers are general legal information for North Carolina, not legal advice about your situation. Every case is different.

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Ralph K. Frasier, Jr.

Frasier & Griffin, PLLC

Office in Durham, North Carolina

Criminal Defense · Personal Injury · Traffic Tickets & License Issues

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Allyson Kay Duncan

Retired federal judge

Office in Raleigh, North Carolina

Appeals

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