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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.
  • 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 and I handle 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, Asheboro and Southern Pines, 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.

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    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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    750 South Bennett St
    Southern Pines, NC 28387
    Phone: 910-692-8994
    1-800-987-4325

    406 Monroe Street,
    P.O. Box 1540
    Carthage, NC 28327
    Phone: 910-947-1500
    1-800-987-4325

    717-A S. Cox Street
    Asheboro, NC 27204
    Phone: (336)629-1670
    1-800-987-4325 

     

    © Arthur M. Blue Law Office, P.A., Carthage & Southern Pines, 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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