Being in the criminal justice system is a confusing and stressful experience. The state has a lot of people on its side, including: prosecuting attorneys, law enforcement officers, and investigative agencies. If you have not done so already, it is imperative that you hire an experienced lawyer to start preparing your defense and to protect your constitutional rights.
TRIAL:
You’ve been charged with a crime. What are your rights?
The State is charged with proving every essential element of your charge beyond a reasonable doubt.
You have a 6th amendment right to confront and cross examine your accusers. This means they have to come to court if you have a trial!
You have the 5th amendment right to remain silent. You don’t have to talk to the police or take the stand in your trial if you don’t want to.
DISMISSAL:
You might be eligible to enter into an agreement with the district attorney to have your charge dismissed. You might also be eligible to have your charge expunged. Do not resolve your case without first consulting with an attorney.
If convicted of a crime, you could have trouble getting a job, be fined, or even serve jail time. In some cases, your plea might be used against you in a civil proceeding for damages.
DEFERRED PROSECUTION AGREEMENTS
A deferral agreement (deferred prosecution agreement) is a contract with the District Attorney’s Office for you to complete a number of conditions in order to have your charge dismissed. Most of these have a waiver of trial, which means if you do everything you’re supposed to do under the agreement, your charge will be dismissed. However, if you don’t do what you’re supposed to do, you agree to plead guilty. Lastly, every DA’s office is different and whether or not they will offer you a deferred prosecution depends on a number of factors, including whether you have a prior criminal history, the factual basis for your case (what was alleged to have happened), as well as input from the victim (though the victim does not control what happens ultimately with the case).
EXPUNCTION:
Currently under NC expunction law, you can now expunge any non-traffic misdemeanor or felony that is dismissed. This is true now regardless of whether you have previously filed an expunction, what is on your criminal record, or any other factor like that.
We have experience handling the following offenses, among others:
SIMPLE ASSAULT
ASSAULT ON A FEMALE
RESISTING A PUBLIC OFFICER
ASSAULT ON A GOVERNMENT OFFICIAL
MISDEMEANOR/FELONY POSSESSION OF CONTROLLED SUBSTANCES