If you have been charged with a crime in the Queen City, things can feel bleak. You might wonder about the viability of your career, how family and friends will perceive you and if you can find a lawyer to properly represent you.
Thankfully, our deeply researched list of the 10 best criminal defense lawyers in Charlotte will help you find the best legal representation in the state. We’ve also included a guide to criminal law in North Carolina, detailed attorney profiles and frequently asked questions to keep you well informed.
- Best Criminal Defense Attorneys in Charlotte, NC
- Compare Top Criminal Attorneys
- What Is a Criminal Defense Lawyer?
- Understanding the Legal Process for Criminal Cases
- Expungement in North Carolina
- How to Choose the Best Criminal Lawyer in Charlotte, NC
- Charlotte Criminal Defense Resources
- Methodology
- Frequently Asked Questions (FAQs)
Best Criminal Defense Attorneys in Charlotte, NC
Compare Top Criminal Attorneys
What Is a Criminal Defense Lawyer?
Criminal defense attorneys work to ensure individuals accused of a crime have a legal advocate in the courtroom and are tried fairly by the prosecutor. Their ultimate goal is to have the charges brought against their client dropped, negotiate a fair plea bargain for decreased sentencing times or convince a judge and jury that their client is not guilty.
In addition to arguing for you in court, a defense attorney will inform you of your rights as a charged person and give advice on your best course of action.
Public Defender vs. Private Criminal Attorney
Public defenders are attorneys appointed by the court to cases where defendants cannot afford to hire a private attorney. In North Carolina, an offender’s right to an attorney typically attaches when their charges involve the possibility of jail time or a fine of greater than $500. Because public defenders are given cases by the courts, they may be overworked and carry a large caseload in comparison to private criminal defenders.
Court-appointed attorneys are not free in North Carolina, and if you are not found guilty, you must pay a $60 appointment fee plus an hourly rate or a flat fee determined by the judge. If you don’t pay, the state can obtain a money judgment against you.
North Carolina is unique in that not all court-appointed attorneys are public defenders—some may be private attorneys. This is dependent on whether there is a public defender’s office in the judicial district where the defendant has applied for a court-appointed lawyer. Jurisdictions that do not have a public defender’s office will usually use private attorneys for indigent individuals.
Private attorneys are lawyers hired by defendants and usually come with a high price tag for their services. Because private attorneys manage their own clientele, they may be able to give more attention to your matter, given their lesser workload.
Should You Represent Yourself in a Criminal Case?
In cases where you are charged with a minor misdemeanor, acting pro se or representing yourself in court may be a viable option—so long as no prison time is possible. With more severe charges where the stakes are higher, hiring a lawyer becomes a necessity to ensure your case is handled properly.
If funds are an issue, the state will provide you with a court-appointed attorney that you will only need to pay if you are found not guilty or if your charges are dismissed or you are found not guilty. Court-appointed attorneys do not take on minor infractions, only cases that may carry jail time or a fine greater than $500.
Understanding the Legal Process for Criminal Cases
If you are convicted of a crime in North Carolina, your matter will likely follow all—or most—of the following steps, according to state law:
- Arrest: A law enforcement officer may arrest a person suspected of committing a crime so long as they have probable cause.
- Bail: Conditions for pretrial release, known as bail or bond, are set once the offender is arrested, if applicable.
- Initial Appearance: An arraignment is the first appearance of the offender before the court. At this time, they are read the charges set against them, their rights as a charged person and their bond conditions are reviewed.
- Probable Cause Hearing: The defendant may request a hearing in which the prosecutor must show probable cause that they committed a felony, if applicable. If this is found, or if it is not, the prosecutor will still need to request an indictment before a grand jury.
- Indictment/Grand Jury: For felony cases, the role of the jury is to determine whether probable cause exists for the defendant having committed the charge in question. If the jury finds this to be the case, a true bill of indictment is given to the prosecutor and the case proceeds. If not, the prosecutor can resubmit the case at any time.
- Arraignment: For felony cases, state law allows for an arraignment after an indictment, though this is usually waived. If requested, the defendant is read their charges and they make their plea.
- Trial: Before trial, at any time, the prosecutor and defendant may enter into a plea agreement. During the trial, the prosecutor must show beyond a reasonable doubt that the defendant committed the crime before 12 jurors.
- Sentencing: Should you be found guilty of your crime(s), the judge will decide your sentence based on North Carolina’s sentencing guidelines.
Resolving a Criminal Case in North Carolina
One way a criminal case may be resolved in the state is through a plea bargain. In these cases, the defendant pleads guilty in exchange for a reduced sentence or criminal charge. Should both parties come to an agreement, the new charges will apply. If an agreement cannot be reached, the case will be set for trial and decided by a judge or jury.
Rather than face jail time, those convicted may be able to be put on probation instead. Probation is when an offender must remain in a specific jurisdiction under supervision and must report to a probation officer for a set period of time. Parole, or allowing offenders to be released prior to serving their maximum sentence, is essentially eliminated in North Carolina due to the Structured Sentencing Act. This statute requires offenders to serve all of their minimum sentences and at least 85% of their maximum sentence for felony convictions.
Once their time has been served, felony offenders are released on post-release supervision.
When it comes to sentencing, a judge will review a number of factors to determine punishment, including:
- The class of crime committed
- How many prior offenses were committed
- If any aggravating or mitigating factors were present
Expungement in North Carolina
Expungement, also called expunction, is the process of removing a criminal conviction, arrest or charge from a criminal record so the general public can no longer access the information. However, this information can still be accessed by certain officials, such as when making federal immigration decisions.
Various sections of North Carolina law outline the requirements for the expungement of applicable convictions. Generally, the person petitioning for expungement must show that their request falls under applicable statutes and that they meet the required conditions to be eligible. In some instances, expungement is automatic. Under North Carolina law, criminal charges dismissed or acquitted on or after December 1, 2021, are automatically expunged. Note that the General Assembly has postponed the implementation of automatic expunction until July 1, 2024, to address technical issues.
How to Choose the Best Criminal Lawyer in Charlotte, NC
Getting charged with a criminal defense can quickly turn your life upside down. An experienced defense attorney can reduce the consequences of criminal charges or have them removed entirely. Here are some key qualities to watch out for to ensure you find the best lawyer to represent you well.
- Trial experience: A lawyer with several successful trials under their belt is always a good idea. It shows they are a proficient litigator and will advocate for you assertively.
- Clear fees: Look for lawyers who are clear about their fee structure. There should not be any confusion about what an attorney will charge you or what kind of fee structure they use.
- Strong reputation. A successful defense attorney will have a reputation that precedes them—both online and by word-of-mouth. Peer awards and referrals from close friends are good signs to be cognizant of.
- Solid communication skills. A well-trained defense attorney should be able to communicate key details of a case to a judge and jury, and be able to distill key insights to their clients.
Charlotte Criminal Defense Resources
The following services and websites can provide you with additional criminal defense information.
- Charlotte Police Non-Emergency Contact Number: (704)-336-7600)
- Case Information and Criminal Records: Mecklenburg County Court
- Obtaining a Public Defender: Mecklenburg Defenders Directory
- Community Reentry Resources: Mecklenburg County Re-Entry Services
- Expungement of Criminal Records: North Carolina Judicial Branch Guide
Methodology
To come up with the criminal defense lawyers in Charlotte of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How much does a criminal defense lawyer cost in North Carolina?
Whether a lawyer uses a retainer fee model or bills by the hour, the cost for their services will scale with the complexity of your case—the more severe a criminal charge you face, the more work a lawyer will have to put into your matter. A simple misdemeanor might only cost you a few thousand dollars, whereas a felony could set you back five to six figures.
What is the statute of limitations for a misdemeanor in North Carolina?
For most misdemeanors, a prosecutor has two years to file a formal misdemeanor criminal defense. North Carolina has specific crimes called “malicious misdemeanors”, which involve the use of malice in a crime that can be started within 10 years. Some of these malicious crimes include sexual battery, child abuse and indecent liberties between children.
Should I always accept a plea bargain?
Generally, accepting a plea bargain when your final charges have been adjusted to misdemeanors instead of felonies may be a good choice—if no prison time is involved. Regardless of the harshness of the bargain, consult your lawyer before making a decision.