Valdese Criminal Defense Lawyer

Valdese Criminal Defense Attorney

Facing criminal charges can leave you feeling overwhelmed and unsure of what to do next. Even if you are never convicted, being accused of a crime can damage your reputation, harming your personal and professional relationships. Before facing this challenge, you need a Valdese criminal defense lawyer who can advocate for your rights and ensure you receive fair treatment during the criminal court process.

Hire a Criminal Defense Lawyer

If you’re facing criminal allegations, such as DWI, theft, or assault, you need to hire a criminal defense lawyer who can guide you through your case and explain complicated criminal defense laws that apply to your situation. At The Cody Law Firm, PLLC, your future is our top priority. As a leading law firm in North Carolina, we represent all our clients with integrity, diligence, and compassion.

Criminal Cases in Burke County

Criminal cases cover a large range of offenses where the state must prove beyond a reasonable doubt that the accused committed the alleged acts. Criminal charges can be for infractions, misdemeanors, or felonies, and punishments can vary from fines to life in prison. When facing a criminal accusation, an experienced criminal defense attorney can review your case and offer guidance.

The North Carolina Judicial Branch tracks offenses for every county. In 2024, 19,767 criminal cases were filed in Burke County courts. During the same time, 24,787 criminal cases were disposed of in Burke County courts, while 7,822 criminal cases were pending at the end of 2024. From 2023 to 2024:

• Filed cases increased 14.27%
• Disposed of cases increased 34.27%
• Pending cases increased 8.52%

In Valdese, misdemeanor and infraction cases are heard in the Burke County District Court. Felony cases are heard in the Burke County Superior Court. Both courts are found in the Burke County Courthouse, located in Morganton.

Key Steps in a Criminal Case

Regardless of whether you are facing misdemeanor or felony charges, some key steps should occur as your case progresses through the criminal court process. A knowledgeable Valdese criminal defense attorney can provide more information on how each step works for specific offenses. The key steps include:

• Initial arrest. The initial arrest could be due to a warrant or a random encounter with police officers. Regardless, if there is probable cause for the arrest, you are taken into custody. Your personal information is recorded, and your belongings are confiscated.
• Informed of charges. You are brought before a magistrate and informed of the charges and your rights. Bail is set, or you are released on your own recognizance. Any pretrial release conditions are explained.
• Arraignment. The first court appearance before a judge, where the charges are read, a plea is entered, and the conditions for release are reviewed.
• Grand jury hearing. For felony charges, you can request a probable cause hearing where a judge reviews the evidence of the case and decides if there is probable cause to proceed. If there is, a grand jury reviews the evidence and decides if it is sufficient for an indictment.
• Pretrial. The prosecution and defense participate in discovery, where evidence and testimony are shared. Pretrial motions are also made that could suppress evidence or get the case dismissed. Plea negotiations occur that could result in reduced charges, a reduced sentence, or diversion programs.
• Trial. If a plea agreement is not reached, the case proceeds to trial. Misdemeanor cases are heard by a judge, while felony cases are heard by a jury. Both sides present evidence and witnesses. After, either the judge or the jury returns a verdict.
• Sentencing. If the verdict is guilty, the judge schedules a sentencing hearing. Sentencing is based on the Structured Sentencing Act, with judges having limited discretion to make changes.
• Afterwards, following a guilty verdict, legal or constitutional challenges could be made on appeal.

FAQs

How Much Does a Criminal Defense Lawyer Cost in North Carolina?

There is no average cost to hire a criminal defense lawyer in Valdese, North Carolina, but there are some factors that influence the overall cost. Some offenses may be charged a flat fee for representation, while others are charged based on an hourly rate. You may also be required to pay a retainer fee at the beginning of your case. More serious offenses typically cost more to defend, and cases that go to trial are usually more costly.

Does North Carolina Have Stand Your Ground Laws?

North Carolina has stand your ground laws that allow citizens to use force to defend themselves or others from bodily harm. These laws apply in your home or vehicle, at your workplace, or anywhere you have a legal right to be. The law only applies when the use of force is reasonable, which does not include preventing property damage or reacting to non-lethal threats. If you were the initial aggressor, the stand your ground laws do not apply.

What Is North Carolina’s Habitual Felon Law?

In North Carolina, the habitual felon law allows for harsher punishments for offenders considered habitual. A person is considered a habitual offender if they have three or more felony convictions. Any new charges following classification as a habitual offender can carry enhanced sentencing, resulting in longer sentences and stricter penalties. Habitual offenders are also more likely to receive consecutive sentences instead of concurrent.

What Is the Difference Between a Felony and a Misdemeanor?

The main difference between a felony and a misdemeanor is the seriousness of the charge. More serious charges are felonies, while less serious charges are misdemeanors. Felonies carry longer sentences and higher fines. Sentencing for a misdemeanor is usually for less than a year in a jail facility, while felony convictions are more than a year in a prison facility. Felony convictions also include the loss of civil rights, like voting or gun ownership.

Valdese Criminal Defense Lawyer

When you’ve been accused of a criminal offense, you need strong legal representation. Our team listens to your situation and tailors your defense to meet your goals. We don’t pressure you to accept a deal you’re not comfortable with. We have experience in negotiations and litigation to get you a favorable outcome. Contact The Cody Law Firm, PLLC, today to schedule your initial consultation.