Best Criminal Defense Attorneys in Durham

FAQs

• What is the non-emergency contact number for the local police station in Durham, North Carolina?

  For non-emergency concerns, call the Durham Police Department at (919) 560-4600.

• Where can I get a copy of police reports for incidents related to my case in Durham, North Carolina?

  You may obtain a copy of Durham incident reports at the Records Division of the County Sheriff’s Office, which is located on the first floor of the Durham County Courthouse at 510 South Dillard Street. The staff is available Mondays through Fridays, from 8:30 a.m. to 5:00 p.m. You may also call the office at 919-560-0899 or 919-560-0898.

• Do you have to appear in court if you are facing criminal charges in Durham?

  You will most likely be asked to appear in court if you are facing criminal charges in Durham. But there are some crimes that are waivable, which means you are not required to show up in court., and your lawyer will let you know whether or not you should appear in court. If you live very far away or are traveling, it may be possible for you to move your court date to a more convenient time.

• Can you remove a conviction from your record in Durham?

  You may be eligible to have a charge or conviction removed or “expunged” from your record in Durham, but you will have to petition a judge to do so. This is a complex process that may take some time. North Carolina Courts will sometimes allow you to expunge a conviction if you demonstrated “good moral character” since the time you were convicted. If you committed a misdemeanor, you’ll have to wait five years. For felonies, you have to wait ten years. An experienced criminal defense lawyer can help you with your petition.

• Will your criminal defense lawyer take your case to trial in Durham?

  Your criminal defense lawyer in Durham may push for a trial if they deem that there is significant evidence that supports your innocence or if the prosecution does not have enough evidence to prove guilt beyond a reasonable doubt. This is why it is essential to discuss your case and potential strategies with your lawyer, as it allows you to understand their approach and whether they think taking your case to trial is a viable option.

• Can you get a driver’s license in another state if yours was suspended in Durham?

  No. You can’t get a driver’s license in any other state if yours was suspended in Durham. You might think it would be sensible to just get a license in another state, but you may only be able to do so after your original license has been properly restored in North Carolina and if you have established a residence in another state. Moreover, if you have an international driver’s license or other state driver’s licenses, they all become invalid if North Carolina has suspended your right to drive.

• Will you go to jail if you were found to be driving under the influence in Durham?

  If it is your first DUI offense and there are no other serious or grossly aggravating factors in your case, it is possible that you will not have to serve jail time. However, if it is your second offense within seven years and you are convicted, it is highly likely that you will be sentenced to jail. Depending on the judge’s discretion, jail time can be offset with inpatient treatment.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.