We have experience representing clients charged with a spectrum of offenses including, but not limited to: property crimes such as burglary, breaking and entering, larceny or arson; crimes against the person such as robbery, assault, domestic violence, murder, gun or weapons violations or child abuse; fraud or white collar crimes such as embezzlement or obtaining property by false pretenses; sex crimes such as rape, taking indecent liberties with children or statutory sex offenses; and drug crimes such as possession, manufacture or trafficking of a controlled substance (i.e. marijuana, cocaine, heroine, ecstasy, etc.)
"I wanted to thank you for accepting the case of my daughter. Your efforts have been gracious, accurate, helpful and all under the umbrella of incredibly prompt interaction and responsiveness. I am aware that not all situations turn out as well as this one did for my daughter; her case is eligible for dismissal. While case dispositions are quite unpredictable, I am confident that your behavior and professionalism are comfortably predictable."
"Innocent until proven guilty" is the cornerstone of our criminal justice system.
But far too often, the mere accusation that you have committed a crime is considered proof of guilt. In court you will face a professional prosecutor. An experienced and capable trial lawyer can help immensely with your defense.
Once the prosecution targets you for conviction, they will attack your case in the most damaging way possible.
They can and will use the facts of your case and the rules of evidence to try to cripple your defense. They have the unlimited resources of the State at their disposal - the Police, the Sheriff's Department, the Highway Patrol, and the State Bureau of Investigation, just to name a few. It may seem like they hold all the cards. They don't.
CRIMINAL PROSECUTION IN NORTH CAROLINA STATE COURTS:
Barring a few exceptions, most criminal cases in North Carolina begin in District Court. If you are charged with a misdemeanor, you have several options in District Court. You can plead guilty to the charge in front of a judge who will then decide your punishment. You can also negotiate with the prosecutor (the assistant district attorney - ADA) to dismiss or reduce the charge. Finally, you can plead not guilty to the charge and have a trial. Trials in the North Carolina District Court Division are heard by the presiding judge – he or she hears the evidence and decides guilty or not guilty.
If you are charged with a felony, the choices are somewhat different. In most district attorney offices, felonies are screened to an assistant district attorney based on location and/or crime. For example, it is not unusual for one ADA to handle all family violence felonies or for another ADA to be in charge of all felonies coming out of Chapel Hill, North Carolina. If you are charged with a felony, you must wait until the case is screened to the appropriate ADA who will then review the file and decide how to proceed. This can take up to several months. The ADA can decide to reduce your charge to a misdemeanor, dismiss it outright or indict your case to Superior Court. If your case is indicted to Superior Court, you still have the opportunity to negotiate with the assistant prosecutor, plead guilty or plead not guilty. Trials in the North Carolina Superior Court Division are heard in front of a jury.
At Kurtz & Blum, our attorneys handle everything from low-level misdemeanors such as possession of marijuana to very serious cases such as rape and armed robbery. Our attorneys listen to our clients’ cases individually, point out the strengths and weaknesses of the evidence, and advise them whether a trial or a plea would be in their best interests. In trial, we fight fiercely for our clients and point out the holes in the prosecution’s cases. Sometimes, a trial would not be in our clients’ best interests. In those cases, we negotiate with the ADA’s to get the best deals for our clients.
PUNISHMENTS FOR MISDEMEANOR CRIMES:
Typical misdemeanor sentences range from a simple fine and costs of court to five months in the local jail. Other possibilities include a period of probation during which you may be required to submit to searches or drug screens. There are two types of probation – supervised and unsupervised. Unsupervised probation requires only that you pay the costs of court and fines and that you abide by the law. Supervised probation requires that you meet regularly with a probation officer, usually once per month. During a period of supervised probation, you may also have to submit to searches and/or drug screens. A judge can also order that you complete drug treatment, perform community service, attend abuser treatment classes and undergo a mental health evaluation with a licensed practitioner. A judge has a great deal of latitude in deciding what punishment will best fit your crime. At Kurtz & Blum, if our clients decide to plead guilty we are always ready with mitigating (helpful) evidence to lessen the sentence’s severity.
PUNISHMENTS FOR FELONY CRIMES:
There are no typical sentences for felony crimes in North Carolina. Each situation depends on the seriousness of the charge and the criminal record of the accused. Sentences vary from fines and unsupervised probation to years of prison time. At Kurtz & Blum, we always discuss possible consequences when we first meet with potential clients. It is important that you know what punishment you could be facing in your particular criminal case.
DOMESTIC VIOLENCE PROSECUTION IN NORTH CAROLINA
In many counties, federal and local grants have created special “domestic violence” courtrooms. These courtrooms are generally staffed by one or two prosecutors who only work with domestic violence charges. There is usually at least one victim/witness coordinator as well to aid the prosecutor in communicating with witnesses. Domestic violence charges are very serious and are getting increased legislative attention in North Carolina. Although basic assaults between family members are still considered misdemeanors, there is a new class of assault by strangulation which is a felony. Also, any assaults that take place in the presence of minor children must now be treated as serious misdemeanors.
Durham, Orange and Wake county district attorney offices all have a “no drop” policy. That means that the ADA is told not to drop a case even if the complaining witness wants to drop the charges. Often, the ADA will take a case to trial even if the witness denies or changes his or her story of what happened. At Kurtz & Blum, we have a lot of experience in dealing with no drop policies and we vigorously defend domestic violence cases to protect our clients’ legal rights.
EXPUNGEMENTS
How can I clean my criminal record?
It depends on the record. There are several pieces of legislation that have been introduced in the General Assembly that would allow criminal defendants to erase or expunge several types of criminal convictions. Until these are passed as laws, however, expungement possibilities are very limited. As the law stands now, however, only certain kinds of charges can be erased. These are as follows:
- Misdemeanor possession of alcohol convictions
- Misdemeanor charges for which you were found not guilty or which were dismissed
- Charges that were put on you in error as a result of identity fraud
Outside of these, it is occasionally possible to re-open a criminal conviction and ask the ADA to consider dismissing it or renegotiating the charge based on some circumstances. Call us to talk to an attorney about that possibility.
What’s the difference between a dismissal and an expungement?
A dismissal is when the prosecutor decides to drop the case. Sometimes a dismissal comes after the assistant district attorney reviews the evidence and decides that the case is not strong enough or not worthy or prosecution. Other times, a dismissal is a reward for performing community service or attending abuser treatment classes or drug treatment. If you have a case dismissed, someone may still be able to find out about that case. If an employer does a criminal background check, your record will show that you were charged but that the case was dismissed. Remember: If a case is dismissed against you there is NO criminal conviction.
An expungement is when all traces of the charge are erased. The court records are supposed to be destroyed as are any records that the police have. North Carolina law typically allows one expungement per lifetime. If other cases are later dismissed, evidence of those dismissals will show up on your record.
GENERAL CRIMINAL Q&A:
What should I expect from a criminal defense attorney?
First, you should expect to be completely informed about your criminal charge, the possible defenses and the different methods of resolving your case in criminal court. No attorney can give a guarantee how your case will be concluded. At Kurtz & Blum, we work to make sure our clients understand exactly what is happening and all the potential legal ramifications of their charges.
Second, you should expect that your attorney understands the law and the idiosyncrasies of the individual judicial district in which you have been charged. North Carolina criminal law is uniform across the state, but every district attorney’s office is a little different. Because our attorneys limit their practice to a few counties, we know those courthouses inside and out. Plus, with five criminal law attorneys, you have the experience and professionalism of the entire Kurtz & Blum team working for you.
Can I go to jail or prison?
It depends on the type of crime and your criminal history. North Carolina law has specific rules about who can receive jail time and who can only receive lesser punishments such as probation or fines.
What if this is just a misdemeanor charge? Can’t I plead guilty?
Of course you can. But there may be other ways to resolve the case that would be much better for you. Pleading guilty to a misdemeanor will damage your criminal record forever. A well-informed attorney can sometimes eliminate that damage, reduce it, or even prevent you from paying high fines or going to jail for it. Remember that in North Carolina, almost every criminal conviction lasts forever. If you are convicted of even a simple misdemeanor crime of trespass, it will stay on your record and follow you for the rest of your life.
Plus, even misdemeanor crimes can have serious consequences. You will have to admit to being convicted of a crime on every future job application. Conviction of a misdemeanor domestic violence offense can prevent you from ever legally owning a gun of any kind for any reason. Conviction of a misdemeanor drug offense can prevent you from receiving federal grants to attend college.
What if I’m not sure I want to hire an attorney?
That’s fine. The only way to be sure is to talk with an attorney. At Kurtz & Blum, we offer free consultations. You can call and make an appointment to speak with one of our five experienced criminal law attorneys. At that appointment, the attorney will discuss the case with you, explain the law and give you an idea of the various possible resolutions.
Why should my old criminal record matter? My old charges were a long time ago – they won’t count against me, will they?
It may feel unfair that old criminal convictions can still count against you, but as a general rule, they can. The prosecutor must tell the judge about any convictions you have ever received since you were 16 years old. However, every criminal defendant has the chance to give the judge the larger picture.
At Kurtz & Blum, we work hard to mitigate (lessen the negative effects) any previous criminal record. We understand that family difficulties, drug addiction, youth and inexperience and even mental illness can play a part in a person’s past. We believe that it is important to show the judge who you are NOW – not who you were then.
Can’t I just go into the courtroom and talk directly to the prosecutor?
Sure you can. The prosecutor or assistant district attorney will be happy to talk with you about your criminal charge. His life is easier if he doesn’t have to deal with criminal defense attorneys who are going to demand that your Constitutional rights are respected. It is his job to speak against you, not for you. He is not your ally. You might tell him information that you have the right not to say, and he will not warn you. You may tell him evidence that he can use against you, and he will. If you are not well-informed about your rights and North Carolina law, you should have someone there to protect you and guide you. Only a defense attorney will have your best interests at heart. That is our job.
Why do your services cost more than some other attorneys I’ve talked to?
It’s true that we’re not the cheapest attorneys in town. You are paying for experience, knowledge, and stability. Kurtz & Blum has three office locations and five criminal law attorneys. Combined, our attorneys have more than thirty years experience between them. They know the law - not only North Carolina law - but the vast differences of how cases are handled in each of the counties. With multiple attorneys working together, there will always be an attorney available to work on your case if an emergency occurs - one who can answer your questions and handle your concerns. If your attorney works alone, what will happen to your case when he is out sick or on vacation? What will happen if he has an emergency?
Kurtz & Blum is a solid presence in North Carolina. We have the benefit of a larger firm with multiple attorneys, a helpful, knowledgeable staff and a solid reputation in the courts but we still maintain the personal attention and care for our clients that are often lost in giant firms. Some things are simply worth the extra money…especially when you consider what is at stake.
Has the attorney handled a case like mine before?
At Kurtz & Blum, our criminal law attorneys have handled charges from misdemeanor possession of marijuana to first degree murder and most everything in-between. We have litigation experience in multiple counties and in federal court. Chances are good that we’ve handled a charge like yours before, even though the details of each particular case differ greatly from client to client. Best of all, when you retain our services, you are getting the benefit of the experience of the entire team. We routinely discuss strategies and debate the nuances of the law in order to narrow in on a particular issue and prepare for trial or negotiation with the ADA.
The police officer said she would tell the judge I was cooperative – will that help?
Maybe. However, in some counties and in some courtrooms, the arresting officer won’t even be present unless your case is called for trial. At Kurtz & Blum, we’ll do the necessary investigation on the case to make sure that any favorable witnesses are called.
What’s the difference between a felony and a misdemeanor?
A lot. Misdemeanors generally indicate lesser crimes, and felonies generally indicate more serious crimes. The North Carolina General Assembly makes the decision which crimes are which. Felonies carry greater possible punishments than misdemeanors and carry a larger social burden which can make finding jobs more difficult. Convicted felons also lose important rights, such as the right to possess a weapon. In North Carolina, every convicted felon must give a DNA sample that will be kept in a database. Felonies range from first degree murder to armed robbery to embezzlement or possession of any amount of cocaine.
Examples of misdemeanors include non-habitual DWI’s, larcenies of less than $1,000 and possession of a small amount of marijuana or drug paraphernalia.
Either one will be part of your permanent criminal record and will count against you in any future criminal prosecutions. Whether you are charged with a misdemeanor or a felony, it is important you know your rights and what can be done to lessen the impact on your life.
Can you give me a price quote over the phone?
For simple traffic matters, like speeding, seatbelt violations and accident tickets, we can probably quote you a price for legal services right over the phone. However, for criminal charges that are more serious, we prefer to meet with you in person. This is because there are many variations involved with each case, and we base our fee depending on how your individual case should be handled and how much work will be involved. We prefer not to get into the personal details about your case over the phone if at all possible to try to protect your privacy and confidentiality.
Our initial consultation is free and you are under no obligation when you come to any of our three offices. Just remember to bring any paperwork with you, for example a copy of the charge or warrant and any conditions of release paperwork from the jail. Call any of our offices to arrange an appointment that fits your schedule.
We can help you even the odds.
The American Constitution guarantees each of us the absolute right to an attorney to protect us from the power of the government. But beware, you need a lawyer with experience, knowledge, confidence and courage. Your choice of an attorney may well be the most important decision you make. The wrong choice can cost you money, your job, your reputation and your freedom. Choose wisely. Choose Kurtz & Blum.
Feel free to call us at 919-832-7700 to schedule an initial consultation or CONTACT US VIA OUR ONLINE FORM with any questions.
