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How Do I Get A Felony Dropped Or Reduced To A Misdemeanor In North Carolina?

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Kevin M. Marcilliat - Criminal Defense - Super Lawyers

Answered by: Kevin M. Marcilliat

Located in Wilmington, NCRoberts Law Group, PLLC

Phone: 877-880-5753
Fax: 919-573-0774

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The answer is hire the best criminal defense lawyer you can find. And while that might sound like sarcasm, this answer gets close to the truth. An experienced, effective attorney can often get in front of the situation before it spirals out of control. On that note, perhaps the more precise answer is (1) hire the best defense lawyer you can find and (2) do so reasonably quickly.

Even if your attorney isn’t the “best,” or has not been in practice as long as the other guy or gal, many felonies can be dismissed or reduced to misdemeanors when your defense begins right away (though, of course, this is never a guarantee).     

Not all felonies are created equal. Dismissals or reductions typically boil down to evidence and the type of criminal offense alleged.

For example, a third DUI involving a fatal car crash would almost certainly be a felony – and the state will presumably have plenty of evidence against you. Given the nature of this case, it could be more difficult to get the charges dropped or reduced (though not impossible, depending on the circumstances). 

But consider another example: Accusations of statutory rape involving a 19-year-old boyfriend and his underage girlfriend. Like the DUI involving a fatal crash, this would typically lead to a serious felony charge (with sex offender registration). However, the involvement of a defense lawyer early on may persuade the prosecutor not to bring any charges in the first place, once the facts have been investigated and all evidence considered.    

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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