Criminal defense & DWI
State charges from traffic citations through felony matters. Having spent years on the prosecution side, the firm knows how these files are built before it starts taking them apart.
Answers to the questions people actually ask.
Plain answers on North Carolina law, written by the firm. Start where your question sits.
- Domestic violence6 common questions answered
- Drug chargesIf you’ve been charged with drug possession, drug sales, drug manufacturing, or drug…
- DWI and DUI4 common questions answered
- Fraud and embezzlementIf any person exercising a public trust or holding a public office, or any guardian,…
- Larceny and robbery5 common questions answered
- Probation violations4 common questions answered
- Sex offenses11 common questions answered
- Traffic offenses6 common questions answered
Mr. Sheehan clerked with the Orange County District Attorney’s Gang Unit, tried hundreds of criminal and traffic cases with the Long Beach City Prosecutor’s Office, and then practiced across nineteen Virginia counties and the federal Eastern and Western Districts. That background is the practical difference: knowing what the State has to prove, what it usually cannot, and which weaknesses in a file are worth pressing.
If you have a court date, call rather than emailing. Timing matters more than almost anything else at the start of a criminal matter.
What the engagement covers
DWI and DUI
Two proceedings run at once. On a wilful refusal or a reported alcohol concentration of 0.08 or more, a judicial official orders an immediate civil revocation under G.S. 20-16.5, thirty days where no other revocation is pending, while the criminal case proceeds in Mecklenburg County District Court. A refusal also draws a twelve-month Division revocation, contestable at a hearing. Defense work starts with the stop and the chemical analysis.
Traffic offenses
A citation that looks routine carries two scoring systems: license points held by the DMV, and insurance points assigned under the Safe Driver Incentive Plan filed by the North Carolina Rate Bureau, which surcharge a policy for three years. Twelve points in three years, or two convictions in twelve months for speeding above 55 and not above 80 mph, gives the Division authority to suspend, though it may substitute probation.
Drug charges
Trafficking is defined by weight, not by proof of a sale, and twenty-eight grams of cocaine is enough. Conviction brings a mandatory minimum term and fine the judge cannot suspend except on a recorded finding of substantial assistance. At the other end, a defendant with no prior felony and no prior drug offense may be eligible for a conditional discharge, ending in dismissal if its terms are completed.
Larceny, shoplifting and robbery
One thousand dollars is the line in G.S. 14-72: above it, a Class H felony; at or below, a Class 1 misdemeanor. Value does not matter where the taking is from the person, of a firearm, or in a breaking or entering. Concealment of merchandise is a Class 3 misdemeanor, rising a class on a second offense within three years. Robbery with a dangerous weapon is a Class D felony.
Fraud and embezzlement
Embezzlement and obtaining property by false pretences are where a commercial dispute gets recast as a crime, but they turn on different elements. False pretences requires intent to defraud, and G.S. 14-100(a) is explicit that nonfulfillment of a contract obligation, standing alone, does not establish it. Embezzlement requires a fraudulent or knowing and wilful conversion by someone entrusted with the property. The sum alleged sets the felony class.
Probation violations
A technical breach alone will not activate a suspended sentence, though it can still draw up to ninety days' confinement. Revocation needs a new criminal offense, absconding, or two confinement periods already served. The judge need only be reasonably satisfied that a condition was wilfully violated without lawful excuse. Early termination is a separate motion, granted where the defendant's conduct and the ends of justice both warrant it.
Sex offenses
Registration follows a reportable conviction as G.S. 14-208.6(4) defines it, and it outlasts the sentence. Removal is not automatic: a petition to end the thirty-year requirement cannot be filed until ten years from initial county registration, the district attorney may oppose, and the court must find no arrest since completing the sentence for any crime that would itself require registration, no current or potential threat to public safety, and compliance with federal standards.
Common questions
I have a court date next week. What should I do?
Call (704) 222-4752 now rather than sending a message. Early court dates are frequently administrative and can often be handled without you appearing, but that has to be arranged in advance.
Will I lose my license over a DWI?
It depends on the level, your record, and what happens at the DMV, which is a separate process from the criminal case. A limited driving privilege is often available. What you blew matters — 0.15 or above brings ignition interlock into the picture.
Do I have to appear in court for a traffic ticket?
Often not. In many traffic matters an attorney can appear on your behalf. Whether that is available depends on the charge and the county.
Is a first offense different?
Usually, yes. Sentencing structures, diversion and prayer for judgment options can all turn on the absence of a record. That is worth exploring properly rather than assuming a plea is the only route.
Anyone charged with a state offense in Mecklenburg County or the surrounding counties, including a first DWI, a traffic citation with license consequences, or a pending probation violation.
Flat fee for most criminal and traffic matters, quoted before the engagement begins.
A scoped call on what this actually needs, before anything is drafted.
Book a consultation or call (704) 222-4752