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.
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THE GROSS LAW GROUP BLOG
Assault On A Female, Equal Treatment Under The Law?
North Carolina General Statute 14-33(c)(2), Assault On A Female is defined as an assault by a male, over the age of 18 years of age and commits an unwanted touching on a female. This crime can ONLY be committed by a male against a female. This crime is punished as a Class A1 Misdemeanor, the highest level of Misdemeanor (punishable by up to 150 days incarceration). If a female assaults a male under the same [...]
North Carolina Assault Statutes, What About Battery?
A N.C. man was recently charged with hitting his girlfriend in the head with a television. Among others, he was charged with Assault With A Deadly Weapon Inflicting Serious Injury. What about Battery? Can a television be a deadly weapon? First, a deadly weapon does not have to be an object that is inherently dangerous like a gun or knife. A deadly weapon can be any object that is used or has has the potential [...]
I was arrested for Resisting Arrest, What does that mean?
I was arrested for Resisting a Public Officer….. What does that mean? N.C.G.S. § 14-223 Resist, Delay, or Obstructing (ROD) an Officer in the performance of their duties is a Misdemeanor charge that police officers use whenever they are hindered in doing their job. It is a very general charge that can cover a wide range of behavior. Anything from lying to an officer about your name to physically resisting arrest can be charged under [...]
Underage Drinking and Fake IDs
Underage consumption of alcohol or underage possession of alcohol can be charged to any person who is under the age of 21 and has alcohol in their system. This charge commonly occurs when underage people drink before they go out to the bars. There are many bars in Wilmington which allow people under the age of 21 into the bar. A common practice is to “pre-game” at home by drinking before going to the bars. [...]
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.