In this article, you can discover:

  • The differences between misdemeanors and felonies
  • Information on the timeline after an arrest
  • Possible DUI consequences and remedies in North Carolina

The Most Common Criminal Cases Our Firm Handles Near Wilson, North Carolina

We specialize in representing clients who have received speeding tickets, DWIs, larceny, simple assault, and everything else in between. We are proud to offer years of experience handling different types of misdemeanor cases and we are ready to help you resolve your specific situation.

What Are The Differences Between Misdemeanor And Felony Charges In North Carolina?

The main difference between misdemeanors and felonies is the severity of punishment. A misdemeanor is classified as a less serious crime with a maximum punishment of up to one year in jail. In contrast, a felony is classified as a more serious crime with a maximum punishment of more than one year in jail.

Although both misdemeanors and felonies are criminal offenses, they are typically treated differently by the justice system. Misdemeanors are usually dealt with without a jury, while felonies often require a jury trial (if they go to trial).

Additionally, misdemeanors can often be resolved quickly if the parties are willing and able, while felonies typically take longer due to procedural hurdles. (Typically, felonies don’t get resolved for six months to a year.)

I Was Arrested Near Wilson, North Carolina. When Will I Have My First Court Date?

If you have been arrested for a misdemeanor charge in Wilson, NC, your first court date will likely be at some point during the following month.

For felonies, the first court date usually only consists of an appearance where the court informs you of the charges against you. The first substantive court date, where the court will discuss the case in detail, is usually 3-4 months down the road.

However, if you were arrested for any offense near the end of the year, your court date may be pushed back because of the many holidays in November and December. For example, if you were arrested in October, your court date might not be until the following year.

I Was Arrested And Facing Criminal Charges In Wilson County, North Carolina. Am I Going To Jail If I’m Convicted?

If you are charged with a crime in North Carolina, the judge can decide whether to put you on probation or send you to jail. However, there are some charges where the judge is required to send you to jail. (This typically happens in the cases of more severe felonies and repeat offenders.)

For misdemeanor convictions, you typically won’t go to jail; though you may have been held in jail for a short period after you were arrested. If you’re convicted of a misdemeanor charge, you’ll likely be put on probation instead of going to jail.

This is, of course, unless the offense was some sort of assault or there was a victim who strongly advocates for jail time. For the most part, penalties will include fines and probation that are ruled on in misdemeanor court.

In felony court, penalties will depend on your record as well as the classification of the charge. For example, if your charge is a class H or I felony, it may be possible to get probation instead of jail time. This will depend on your criminal record and the circumstances of your case.

In any situation, your best chance of avoiding jail time and getting probation is to have an excellent criminal defense lawyer who can advocate for you.

What Important Information Do I Need To Know About My Driver’s License After A DUI Arrest In Wilson County? Will I Lose My License Immediately?

If you are arrested for DWI in North Carolina, you will lose your license immediately. However, you may be eligible for a provisional license if you go to court within a certain number of days.

An attorney can help you with this process and ensure that you take the necessary steps on time. Otherwise, your license will be revoked for at least a year and until the trial date – and it could be revoked for an even longer period if there is a conviction.

What Happens If I Refused A Breathalyzer During A DUI Investigation In North Carolina?

The refusal to take a Breathalyzer test is a violation of North Carolina’s Implied Consent law. As a result, you will face the automatic revocation of your driver’s license for one year.

Additionally, if you refuse to take the test at the roadside but instead wait until you are brought to the station, the minimum suspension of your license will be one year.

With the guidance of a skilled attorney for Criminal Defense Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.

For more information on Criminal Defense Cases in North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (252) 371-0127 today.

Lusby Law P.A.

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