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BLOG • FAQs
Facing criminal charges? Stay Informed
At Gross Law Group, we understand the importance of staying informed and up-to-date on legal matters. Our team has a wealth of knowledge and experience in the field, and we believe that sharing this information can help our clients better understand the law and their rights.
We invite you to take a look at our recent posts to learn more about the topics we cover. From the latest developments in criminal law to practical advice for those facing criminal charges, our blog is a valuable resource for anyone interested in staying informed about the legal landscape in North Carolina.
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THE GROSS LAW GROUP BLOG
North Carolina Misdemeanor Crimes 101
In North Carolina, crimes are classified as felonies or misdemeanors depending on their seriousness. Misdemeanors are less serious offenses than felonies. Misdemeanors by Class Misdemeanor offenses in North Carolina are categorized into four categories, with Class A1 being the most serious and Class 3 being the least serious. The maximum penalties and instances of crimes for each class are listed below. Class A1 Examples of Class A1 misdemeanors include: •child abuse •sexual battery •stalking [...]
Man accused of spiking wife’s drink with meth found not guilty
A man who was accused of spiking his wife’s drink with methamphetamines has been found not guilty. According to the District Attorney’s Office, Michael Kirkum was found not guilty of possession with intent to deliver methamphetamines, delivery of methamphetamines, distribution of a food containing a controlled substance and misdemeanor child abuse by a New Hanover County jury last week. The state dismissed a child abuse charge and a resisting a public officer charge. Source: https://www.wect.com/2022/06/21/man-accused-spiking-wifes-drink-with-meth-found-not-guilty/ [...]
Passing a Stopped School Bus, Bus Driver or Cop?
One of the most serious traffic offenses that a driver can be charged with in NC is passing a stopped school bus. Many people are not aware that NC General Statutes allow a driver to be charged even if a law enforcement officer does not personally observe the violation. School buses are equipped with recording equipment on both the inside and outside of the bus. The law requires a driver passing a stopped school bus [...]
What is the difference between Larceny and Shoplifing?
What happens when a person conceals merchandise in a store, but does not leave? The difference is Shoplifting or Larceny. Shoplifting is charged when a person takes merchandise, and conceals the merchandise from view. This could be done by hiding the item under clothes or being placed inside a bag. The important thing to remember is that this offense occurs as soon as the item is concealed. The person charged with shoplifting does not have [...]
LEGAL 101 • FAQs
Learn about your legal options and make informed decisions.
While every criminal lawyer may have different practice areas, at Gross Law Group, we represent clients in all areas of criminal defense including DWI (Driving While Intoxicated), Drug Offenses, Firearm and Guns Charges, Domestic Violence, Assault and Violent Crimes, and Theft including burglary, larceny, and shoplifting.
It depends on many factors, including the seriousness of the charges and the amount of evidence involved. Even though the law requires a quick determination, legal matters can take time to resolve. It’s important to stay informed throughout the process by attending hearings where the evidence and other legal matters are discussed and maintain contact with your legal representation.
While the law does not require you to have an attorney, having an experienced criminal defense lawyer on your side can make all the difference. They know the legal process and can help you navigate it properly. They can also work with the prosecutor to possibly get charges reduced or dropped. Don’t ignore the serious problem of being charged with a crime. Talk to a skilled defense attorney as soon as possible. At Gross Law Group, we’re here to help you. Contact us today at (910) 666-0693!
A plea deal, also known as a plea bargain, is a settlement reached between the prosecutor and defendant that results in a reduced charge. By accepting the agreement, the defendant pleads guilty to a lesser offense and agrees to accept the corresponding consequences, rather than going to trial. It’s important to discuss the advantages and disadvantages of a plea deal with your attorney, who will assist you throughout the negotiation process and work to secure the best possible outcome for your case based on its unique circumstances.
Crimes are categorized into misdemeanors and felonies, and each group is further divided into classes. A misdemeanor offense is considered less severe and typically results in fines, probation, or less than a year in jail. On the other hand, a felony is a more serious crime that can lead to at least one year of imprisonment, often more. Even if you are charged with a misdemeanor or a felony, a criminal record or conviction can have adverse effects on your life long after you have completed your sentence.
Absolutely. False accusations, mistaken identity, inadequate investigations, and prejudice can all result in arrest and, in some cases, even the conviction of individuals who are actually innocent. To protect your freedom and restore your reputation, it is critical to have a skilled defense attorney who can advocate for you.
The Constitution ensures that everyone has the right to legal representation and a fair trial. When you have a defense lawyer, they will work hard to protect your rights and minimize the punishment that you may face. They will explore different options, such as negotiating plea bargains to reduce your sentence or presenting your case before a jury to challenge the prosecution’s evidence and ensure that the burden of proving your guilt lies solely on them, and that they have to prove it beyond a reasonable doubt.
It is recommended that you seek legal representation if you are being questioned or investigated for involvement in a crime, regardless of whether charges have been filed against you or not. With a lawyer by your side, you will receive guidance on how to respond to inquiries, safeguard your legal rights, hold law enforcement and the prosecution accountable, and work towards preventing your arrest.
Don’t panic but it’s important to act quickly! First, contact the clerk of court’s office in the county where you were charged to inquire about rescheduling your case. If you have an attorney, reach out to them for guidance. But beware: failing to appear in court can result in criminal charges and hefty fees. If you were charged with a traffic offense, your driver’s license may even be revoked! Plus, if a cash bond was required and posted, it may be forfeited. Remember, if you have any concerns about your legal rights and obligations, it’s always best to seek advice from a licensed attorney.
Certain misdemeanors in North Carolina can be removed from your record, allowing you to start anew. However, the expungement process requires several criteria to be met before approval. To increase your chances of success, having a defense lawyer like David K. Gross, can assist you with completing paperwork and obtaining the necessary documentation to begin the expungement process can be extremely beneficial.
According to criminal defense attorney David K. Gross, a bond is a financial pledge that you give to the state as an assurance of your presence at court hearings. Upon fulfilling your court obligations, your bond will be refunded. If you choose, you can utilize your bond to pay off any court expenses or charges before receiving the refund. However, if you fail to attend your court proceedings, your bond may be seized and divided among different state agencies. Therefore, it is crucial that you honor your court appointments if you have a bond and handle your legal affairs responsibly.
In North Carolina, a first-offense DWI charge will result in a level 1 DWI sentencing. Level 1 DWI sentencing includes a maximum of 2 years in jail, up to $4,000 in fines, mandatory drug treatment, and probation.
The DWI law can be located in the NC General Statutes, § 20‑138.1. In summary, the State is required to demonstrate that while operating a vehicle in a public place (which includes your own driveway), you were either a) impaired by a substance; b) had a BAC of .08 or higher from a chemical analysis after consuming enough alcohol; or c) had any quantity of a Schedule I controlled substance or its byproducts in your blood or urine. Unfortunately, this implies that in North Carolina, you may be convicted of a DWI for drug use that occurred days or weeks prior to driving if it can be identified in your blood or urine. However, if there was no legal justification for the chemical analysis in the first place, your attorney may be able to have the evidence thrown out.
I was arrested for a DWI after I blew a .08 on the breathalyzer, do I have any choice but to plead guilty?
Certainly, you are not limited to pleading guilty if you have blown at or above the legal limit of a .08 blood alcohol content (BAC). You are entitled to request a hearing on the legality of your stop and arrest, during which your attorney can argue that both were unconstitutional and violated your Fourth Amendment right to be free from unreasonable search and seizure. In the event of success, your case may be dismissed even if it is undisputed that you exceeded the legal BAC limit. Additionally, you have the right to demand a trial, thereby requiring the prosecution to prove beyond a reasonable doubt that you were driving while impaired. With a knowledgeable defense attorney, there are many strategies that can be employed to challenge a DWI case, even when the evidence seems stacked against you. While each case is unique, there are always options other than pleading guilty. A skilled DWI attorney like David K. Gross, can inform you of feasible alternatives based on the specifics of your case.
North Carolina imposes a wide range of penalties for DWI offenses. Even for a first offense, the state can be tough on those charged with drunk driving or driving while impaired, particularly when certain factors make the case more serious. These factors may be classified as “grossly aggravating” or “aggravating,” with the former including previous DWI offenses and having a child under 16 in the vehicle, and the latter including reckless driving, a BAC of .15 or higher, and other factors. In general, a first DWI offense in North Carolina could result in 24 hours in jail or community service, a fine up to $200 plus court costs, a one-year license suspension, and probation with a suspended jail sentence that could be imposed if the terms of probation are violated. It may be possible to obtain a limited driving privilege for work and school. However, the consequences of a first DWI offense can be severe, with a maximum sentence of 2 years in jail and a $4,000 fine. To learn more about the specifics of DWI sentencing in North Carolina, consult a knowledgeable attorney.
Typically, when you are charged with a DWI in North Carolina and your blood alcohol content (BAC) is .08 or higher, your license will be automatically suspended for 30 days while your case is ongoing. Nevertheless, there are certain circumstances where you might be able to request limited driving privileges (e.g., for work or school) from the Court after ten days have passed since your initial suspension.
Typically, if you are charged with a DWI in North Carolina and refuse to submit to chemical analysis, your license will be suspended for a year, regardless of the outcome of your case. However, you may be eligible for a limited driving privilege after 6 months. North Carolina’s “implied consent” law mandates chemical analysis following a DWI arrest and refusing to comply can result in certain consequences. Additionally, the prosecution may use your refusal as evidence of guilt during trial. Despite this, there are situations in which it may be advisable to refuse. Moreover, in some specific cases, it may be possible for you or your lawyer to prove at a special hearing that you had a legitimate reason to refuse, such as a medical condition, or that you didn’t actually refuse.
A police officer may ask you to come to the station to answer questions, but you are not required to unless arrested. It is likely that the officer will get a warrant to bring you in for questioning if he or she has the ability to do so, and in both cases it is wise to have an attorney present during any type of police interrogation.
"This is the second case Mr. Gross has represented me in and the second case we have one together. He is professional concise and I would hate to be on the other side of the bench from him. Thanks again counselor!"
"I love the Gross Law Group! Thankful to have a skilled, supportive lawyer defend my spouse and I. This was an experience I do not wish on anyone! Attorney Gross is the best; he will not tolerate any buffoonery the court attempts to use. He calls it like it is, very assertive. We are forever grateful for him. Now we can continue on our journey. If you are looking for an attorney Mr. Gross is the man to see. He wont disappoint!"
"2 DWI's... NOT Guilty on the first and voluntary dismissal on the second!!! Attorney Gross is worth every penny! I hired Attorney Gross after my first DWI was sent to Superior Court. It ended in mistrial, we won the new trial!!! For my second DWI I didn't wait, I hired Attorney Gross from the beginning and he was able to get it dismissed!!!"
"I’m not sure how to say this in a less vulgar way, but David Gross pulled his **** out, laid it on the table, and then slapped the prosecuting attorney with it. I wouldn’t hire anyone else for a DUI, except for David Gross. Thank you very much."
"I called about a case that required immediate action. Mr.Gross did an outstanding job bringing out the truth and getting me through a stressful situation. Most attorneys wouldn’t be able to get to me until a week or two out and I did not have time to delay. The outcome of my case was exactly as he had said it would be and hoping not to need him again, but this is the first person I would call in the coastal Carolina area. Lauren was also very helpful as well. I would recommend to anyone in need of legal assistance!"
"I found myself in an unfortunate situation and hired Attorney David Gross. I was impressed with his ability to analyze and provide insight to my situation. His quick action allowed for quick dismissal of my case. If you find yourself in need of a top notch lawyer, hire him! I only gave 5 stars because there aren't more!"
"Attorney Gross was very thorough and spoke very highly of me to the judge. was very helpful and knowledgeable in regards to my particular case. ensured that I was fully prepared before court began. would fully recommend Attorney David Gross to anyone seeking a terrific lawyer."
"David was a pleasure to work with. I had a traffic violation in which I knew was not justified. He represented me in court and got it reduced to improper equipment which saved me big time on my insurance bill. Even though I was satisfied with the outcome, he wanted me to know that he would take it to the next step, which was a trial to prove my innocence. If you’re looking for an attorney that will go to bat for you, David is your man. He is a down to earth guy, who is easy to speak with, and will truly understand your situation. Communication in regards to my case was excellent and I was never left in the dark. Highly satisfied with his services."
"We live out of town but my son received a ticket while in Wilmington. This law firm is outstanding. Not only were they affordable (my son paid for this himself), they were able to get his case dismissed. They always kept me informed and up to date. Thank you Gross Law Group!"
"Great service. This firm transformed an incredibly stressful predicament to a stress free and easily resolved situation. I am beyond satisfied with the experience, expertise, professionalism and favorable results I received from this legal team."