Resources2023-03-02T20:59:14+00:00

Gross Law Group: The smart choice

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.

knowledge you can depend on

THE GROSS LAW GROUP BLOG

  • Understanding Your Rights at Sobriety Checkpoints

    Picture this: You're driving home after a dinner out with friends when traffic slows to an agonizing crawl. You wonder if there's an accident ahead. Flashes of blue and red emanate from the horizon— a clear indicator that whatever has happened, the police are involved. As you approach what you assumed to be a vehicle wreck, you notice an officer stopping a car a few paces ahead. His flashlight shines across the driver's face, and [...]

  • Essential Advice for Defendants Facing Felony Homicide Charges in North Carolina

    Facing felony murder charges in North Carolina is a daunting experience. The stakes are incredibly high, and the complexity of the legal system adds to the stress and confusion of this type of charge. As a seasoned legal team with years of experience in handling these serious cases, the Gross Law Group is here to provide our expert advice to help you and your loved ones navigate this challenging journey. Understanding Felony Murder Charges In [...]

  • Common Misconceptions About Criminal Defense: Debunking Myths in North Carolina

    Over our many years of practice at the Gross Law Group, we've encountered several misconceptions about criminal defense. For instance, "the ramifications of a guilty plea" or "the implications of an arrest" are important parts of the legal process, yet there are common misunderstandings that surround them. Our team knows how crucial it is to keep our clients informed on their rights and protections as citizens and debunk myths that could negatively affect their case [...]

  • Guaranteeing 2nd Amendment Freedom: An Overview of NC’s Latest Firearm Protections

    Effective December 1, 2023 - North Carolina implemented Senate Bill 41 which amends several facets of our state's firearm laws. This initiative, titled "Guarantee 2nd Amendment Freedom and Protections," affects statewide concealed carry laws and firearm purchase requirements. As such, the Gross Law Group believes it's crucial to keep you informed of any changes to 2nd Amendment laws and your constitutional protections. Let's dive into this act and explore the new rules and regulations it [...]

Felonies

Murder, Assault, Drug & Weapons Charges, Expungement

Felonies

Murder, Assault, Drug & Weapons Charges, Expungement

Misdemeanors

Simple Assault, Concealed Weapons, Disorderly Conduct, Resisting Arrest

Misdemeanors

Simple Assault, Concealed Weapons, Disorderly Conduct, Resisting Arrest

dwi

Misdemeanor DWI, Felony DWI, Multiple DWI, Under Age DWI

dwi

Misdemeanor DWI, Felony DWI, Multiple DWI, Under Age DWI

DVPO

Ex Parte/ Temporary Restraining Order, Final Protective Order

DVPO

Ex Parte/ Temporary Restraining Order, Final Protective Order

LEGAL 101 • FAQs

Learn about your legal options and make informed decisions.

What types of crimes can a criminal lawyer defend against?2023-02-14T20:52:01+00:00

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.

How long does a criminal case take?2023-02-14T20:56:42+00:00

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.

Can I represent myself in a criminal case?2023-02-14T21:00:02+00:00

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!

Should I accept a plea deal?2023-02-14T21:04:12+00:00

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.

What’s the difference between a misdemeanor and a felony?2023-02-14T21:28:54+00:00

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.

Do I need a defense lawyer if I am innocent?2023-02-14T21:32:17+00:00

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.

Do I need a defense lawyer if I’m guilty?2023-02-14T21:41:54+00:00

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.

Do I need a defense lawyer if I haven’t been arrested?2023-02-14T21:44:05+00:00

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.

What happens if I miss my court date?2023-02-14T21:42:38+00:00

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.

Can I get a conviction off my record?2023-02-14T21:46:39+00:00

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.

What is a bond?2023-02-14T21:48:34+00:00

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.

What happens when you get your first DWI in NC?2023-02-14T21:48:57+00:00

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.

What does the state have to prove to convict me of a DWI?2023-02-14T21:49:51+00:00

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?2023-02-14T21:51:56+00:00

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.

 

If I am convicted of a DWI as a first-time offender what am I facing?2023-02-14T21:53:42+00:00

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.

 

I was arrested for a DWI and my license was suspended, when will I be able to drive again?2023-02-14T21:54:56+00:00

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.

 

I was refused to do the breathalyzer, what happens now?2023-02-14T21:56:37+00:00

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.

 

Can a North Carolina police officer require me to come to the station for questioning?2023-02-14T22:02:36+00:00

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.

Questions about your rights?
contact the Gross Law Group.

Client Reviews

  • "Hiring David Gross to represent my son was the best decision I ever made. My son had gotten himself into a good bit of legal trouble and Mr. Gross exceeded my expectations by achieving the best outcome humanly possible. From day one he showed a deep level of concern and involvement, I was kept informed every step of the way and communication was outstanding. Stop calling lawyers and hire David Gross, you can thank me later."

    R. W.

  • "Extremely painless and pleasant experience using Dave Gross’ Law Group. For a very reasonable price he represented me in court for a speeding ticket I received in North Carolina. Being from out of state Illinois, it was comforting having constant updates regarding my case and availability to answer any questions. His previous experience in the field of law enforcement is a huge help as well. Couldn’t have been more satisfied with his services."

    G. P

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