Criminal Law

Criminal Law

Moore Law Group can assist you with many different criminal charges. Are you charged with a criminal offense? We are who you need if you or someone you know needs a defense attorney. Below are some of the more common offenses in which Moore Law Group represents clients.  If you do not see your charge on this list, call us to ask about your specific charge.

  • Assault
  • Aiding And Abetting
  • Breaking and Entering
  • Carrying a Concealed Weapon
  • Child Abuse
  • Drug Possession
  • Drug Trafficking
  • DVPO
  • DWI
  • Firearm by Felon
  • Habitual Felon
  • Hit and Run
  • Injury To Personal Property
  • Interfering With Emergency Communication
  • Kidnapping
  • Larceny
  • Littering
  • Possession of a Controlled Substance
  • Possession of Drug Paraphernalia
  • Probation Violation
  • Resist/Delay/Obstruct
  • Shoplifting
  • Simple Affray
  • Traffic Ticket
  • Trespass
  • Unauthorized Use of a Motor Vehicle
  • Worthless Check

Probation Violations

A probation violation can be a complicated process to experience without an attorney.

Upon conviction of a crime, a judge may order probation instead of ordering the defendant to serve an active sentence. The judge may choose to suspend the active sentence and place the defendant on unsupervised or supervised probation. In addition to the suspended punishment, the judge may order further conditions. A few examples include, but are not limited to, community service, anger management, parenting classes, and/or substance abuse treatment.

A probation violation alleges the probationer violated one or more conditions of their probation. A probationer is entitled to notice of the alleged violation and a hearing in front of a judge. The judge will determine if the probationer willfully violated one or more terms of their probation.

A judge has the authority to revoke, modify, terminate, or extend a probationer’s sentence. The case may be brought 1) where the alleged violation took place, 2) probation was imposed, or 3) where the probationer resides.

A suspended sentence can be revoked if a judge finds that the probationer willfully violated a condition of probation by 1) committing a new criminal offense or 2) absconding.

If the judge is reasonably satisfied that a violation has occurred, the judge may choose to revoke the probationer’s sentence, sending them to jail to serve the initial sentence. It is essential to hire an attorney before your next scheduled court date.

Moore Law Group has experience in speaking with probation officers and assistant district attorneys to negotiate and advocate for their clients’ best result.

Traffic Tickets

Have you or a friend been charged with a traffic ticket? It is essential to know that choosing to simply pay your ticket could present problems with obtaining or keeping your driver’s license. In the middle of the state, Moore Law Group often represents people who have been stopped for traffic violations commuting between major cities such as Greensboro and Raleigh.

The penalties that come with being found guilty of a traffic violation could present several consequences such as increased insurance rates, mandatory driving classes, licensing suspension, payment of fines, and even jail time. In addition to the fines and potential court costs, different insurance companies have insurance point systems, which could drastically increase your insurance rates.

There are two central point systems related to driving in North Carolina. The two systems are the DMV point system and the Insurance point system. Typically a person who accumulates 12 points within 3 years will face a license suspension. Points will remain on a driver’s record for 3 years and are generally wiped off after that.

Make sure you consult with an attorney at Moore Law Group before paying off a ticket. If you or a friend picks up a speeding ticket, we are Who you need.

Below is a table you can use to determine how many drivers license points will be assessed upon being convicted of the following.

Driver License Points
See N.C. Gen. Stat. § 20-16(c)

Offense Points Added
Aggressive driving 5
Passing stopped school bus loading or unloading children (No PJCs allowed!) 5
Driving on wrong side of road 4
Failure to yield right-of-way to bicycle, motor scooter, or motorcycle 4
Failure to yield right-of-way to pedestrian pursuant to G.S. 20158(b)(2)b 4
Following too close 4
Hit and run, property damage only 4
Illegal passing 4
Reckless driving 4
Driving through safety zone 3
Failing to yield right-of-way 3
Failure to report accident where such report is required 3
Failure to stop for siren 3
No driver’s license or license expired more than one year 3
No liability insurance 3
Running through red light 3
Running through stop sign 3
Speeding in a school zone in excess of the posted school zone speed limit 3
Speeding in excess of 55 miles per hour 3
All other moving violations 2
Failure to properly restrain a child in a restraint or seat belt 2
Littering pursuant to G.S. 14399 when the littering involves the use of a motor vehicle

Expungements

A dismissed criminal charge still shows up on your record! An expungement is a legal process in which a charge is removed from your criminal history and sealed, making the criminal record unavailable through both State and Federal searches. There are several expungement statutes in North Carolina providing the rules for erasing charges and convictions under different circumstances like:

  • Convictions under the age of eighteen;
  • Certain drug convictions; and
  • Dismissals procured through deferred prosecution.

Only particular low-level felony and misdemeanor convictions and all dismissals are eligible to be expunged. If a qualifying misdemeanor charge resulted in a guilty conviction, then you will be eligible for an expungement five years from the date of disposition. If a qualifying felony charge resulted in a guilty conviction, then you will be eligible for an expungement ten (10) years from the date of disposition. Presently, the law provides that certain criminal convictions, such as A1 misdemeanors and charges that contain an assaultive component, cannot be expunged.

Most courthouses charge an additional fee for an expungement if your case was dismissed according to a diversion program. Some counties require you to obtain a certified criminal record as a prerequisite to any expungement.

Moore Law Group is who you need when you are seeking a clean record.

“Moore Law Group is who you need when you are seeking a clean record.”

Driving While Impaired (DWI)

Having to handle a Driving While Impaired (DWI) charge can be a complicated process to tackle alone. A DWI attorney can discover and fully consider which facts in your case are relevant in developing a defense and advise you of your rights and options throughout every step of the process. Being charged with a DWI can be challenging to tackle alone. Many clients often want to know if they will be eligible to drive before and after the case is complete.

A Thirty (30) day civil revocation of your license occurs immediately upon being charged with a DWI. If you are eligible, an attorney can motion the Court for a limited driving privilege during your thirty (30) day civil revocation. This license is called a pre-trial limited driving privilege.  You may also qualify for a limited driving privilege after the disposition of your DWI case is finished.

Attorneys at Moore Law Group can ask the arresting officer the right questions, below are a few examples.

  • Was the stop justified?
  • Were Standardized Field Sobriety Tests performed?
  • Were the tests performed correctly?
  • How did the client do on the FSTS?
  • Did the officer use an Alco sensor to develop probable cause to arrest?
  • What if any signs of impairment were present?
  • Did the client adhere to the EC-IRII?
  • Was the client given the proper means and time to access a witness?
  • Was the client read his or her rights?

DWI sentencing is unlike sentencing for any other misdemeanor or felony charge. In North Carolina, there are six (6) DWI sentencing levels; certain levels may require community service, supervised or unsupervised probation, a fine, and/or a mandatory active jail sentence.  Certain levels prevent the defendant from being able to obtain a limited driving privilege, while other levels allow for a limited driving privilege directly after sentencing. There are some circumstances where a client may have to install an interlock device in the vehicle before obtaining a valid privilege. Moore Law Group can evaluate your case to ensure all your options are explored before making a final decision on how to proceed with your case. Below is a chart describing the sentencing structure as it pertains to DWI’s.

LEVEL MINIMUM MAXIMUM Mandatory Split IF suspended
Agg Lvl. 1 12 months 36 months/ 10,000 fine 120 days IF suspended, MUST require a term of imprisonment of at least 120 days, abstain from alcohol for period of 120 days up to the full term of probation and require abuse assessment and treatment.
Lvl. 1 30 days and up to 4,000 fine 24 months 30 days MAY be reduced to 10 days IF CAM for 120 days. (May apply up to 60 pretrial days)
Lvl. 2 7 days and up to 2,000 fine 12 months 7 days MAY eliminate split IF CAM for 90 day. (May apply up to 60 pretrial days) AND if prior w/n 5 years or DWLR MUST perform 240 hours of community service.
MAY be suspended with these probationary conditions
Lvl. 3 72 hours of community service 6 months/1,000 fine 72 hours in custody or 72 hours community service
Lvl. 4 48 hours of community service 120 days/500 fine 48 hours in custody or 48 hours community service
Lvl. 5 24 hours of community service 60 days/200 fine 24 hours in custody or 24 hours community service

If you or a loved one is charged with a DWI, defense attorney M. Rashad Moore, Esq. will fight to protect your legal rights and achieve the best outcome for your case. To learn more, call 336-447-4505 now.

Seeing an Attorney as soon as possible after a DWI charge will help gauge whether there are any issues or possible defenses within the case.

The Attorneys at Moore Law Group know the right questions to ask when defending a DWI charge.