Criminal Defense

Being accused of any crime can be very scary. And because of new legislation, structured sentencing, and mandatory active jail time for certain offenses, the possibility of a criminal conviction can literally have life-changing ramifications.

As there are countless scenarios regarding criminal process, there are no absolute rules as to how one should conduct him or her self after being charged. As a broad directive, though, the attorneys at McCartan Law typically advises one NOT to give any statements to law enforcement or submit to a polygraph test without counsel present.

In North Carolina, most crimes are classified in one of two ways: Misdemeanors or Felonies. Misdemeanors are typically handled from beginning to end in District Court, but for matters that are appealed. Felonies are initially addressed in District Court, but are often ultimately disposed of in Superior Court. Both courts deal with offenses involving drugs, violence, property, driving, and sex; whether the matter is treated as a Misdemeanor or a Felony is determined by the Criminal Code.

Many types of crimes incorporate various offenses into one or more charges. In this, it is often difficult to determine what type of criminal process the State will pursue, and what the best course of defense may be. Possible defenses and remedies vary from one area of offense to another, and in many cases, there is a great deal of overlap in theories.